The Services and "Opting In":
“The Services” consist of providing KitchenAid product information to consumers who sign up to receive such information via SMS or MMS messages. By texting one of the keywords featured on select KitchenAid products to 585858 and then responding with YES to our first message to you, you have chosen to receive The Services based on these KitchenAid Product Information Via SMS/MMS Terms and Conditions (“Terms”).
What We Will Send You When You Sign Up to Receive Product Information From KitchenAid Via Text Message:
For each KitchenAid product (each, a “Product”) you agree to receive information via text message, you are expressly consenting to receive up to five messages containing information about that Product. The information you receive for each Product may include several seconds of product information footage and/or advertising content. Texts may be sent via an automatic telephone dialing system. There is no purchase necessary to receive messages. If you reply to any of these messages, you may receive additional response messages.
Stopping Our Messages:
You may opt out of, stop receiving and cancel The Services at any time by texting the word STOP to 585858 from the enrolled mobile device. If you sign up for The Services through more than one mobile device, you must opt out from each device. If you opt out of receiving messages relating to a Product, you will receive one additional message confirming that you will no longer receive messages related to any Product.
Updates to These Terms:
If we update these Terms we will send you a SMS or MMS message letting you know. That message will allow you to view the changed Terms. If you are not comfortable with or object to any of the changes we have made, please opt out and cancel The Services at any time by texting the word STOP to 585858 from the enrolled mobile device. If you sign up for The Services through more than one mobile device, you must opt out from each device.
Message and Data Rates May Apply; Your Carrier May Charge You For These Messages.
We do not charge a fee for The Services, nor do you need to make any purchase with us to receive The Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send to you or that you send to us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your use of The Services.
Text HELP to 585858 for help at any time or call 1-800-422-1230.
Delivery Not Guaranteed:
The Services may not be available in all areas at all times, and may not be supported by all wireless carriers or handsets. The Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. If you opt-out, but then receive another SMS/MMS, it may be due to one of these failures.
Information collected through your use of The Services may include your cell phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you to provide The Services. All information collected is governed by our Privacy Statement, which can be found at www.kitchenaid.com/privacy (which may be updated from time to time with or without notice). By using and accepting The Services, you acknowledge having received notice of our Privacy Statement
Your Wireless Service:
You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier and be able to receive text messages using that wireless device and your carrier’s service. We cannot otherwise deliver The Services to you. Participating carriers include: ACS Wireless, AIO Jasper Wireless, AT&T, Advantage Cellular Systems, All West Communications, Alltel, Appalachian Wireless, Bluegrass Cellular, Boost, CTC Telecom, Cable Vision, Carolina West Wireless, Cellcom, Cellular One of East Central Ill, Cellular One of N.E. PA, Cellular South, CellularOne of NE AZ, Chariton Valley Cellular, Chat Mobility, Cincinnati Bell, Copper Valley Telecom, Cricket (Leap Wireless), Duet IP, Eagle Telephone System, East Kentucky Network, Element Mobile, Epic Touch, Farmers Mutual Telephone, GCI Communications, Gold Star Communications, Golden State, IWireless, Illinois Valley, Immix Wireless, Inland Cellular, Iowa Wireless Svc, Leaco Rural Telephone Cooperative, MTA Wireless (Matanuska Kenai), MTPCS Cellular One, Manti Tel, Metro PCS, Mobi PCS, MobileNation, Mosaic Wireless, NTELOS, Nemont Sagebrush Cellular, Nex-Tech Wireless, Nextel, Northwest Missouri Cellular, Nucla-Naturita Telephone Company, Panhandle Wireless, Peoples Wireless, Pine Telephone, Pioneer Cellular, Plateau Wireless, Revol Wireless, Rural Independent Network Alliance, SRT Communications, South Central Utah, SouthernLINC Wireless, Sprint, Syringa Wireless, T-Mobile, Thumb Cellular, TracFone (AT&T), UBET, US Cellular, Union Telephone, United Wireless, Verizon Wireless, Viaero Wireless, Virgin Mobile USA and West Central Cellular.
You may not use, sell or otherwise exploit The Services for any commercial purposes.
Hacking and Similar Activity:
You agree that you will not take any action that imposes an unreasonable or disproportionately large burden on the infrastructure of our systems or networks, or any systems or networks connected to The Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of The Services or with any other person’s use of The Services. You may not attempt to gain unauthorized access to any systems or networks connected to The Services.
Cancellation of The Services:
The Services may be cancelled without prior notice to you. If The Service is cancelled, you will not receive any other SMS or MMS relating to any Product.
General Disclaimer & Limitation of Liability:
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS ORSERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) FEES CHARGED TO YOU BY YOUR MOBILE SERVICE PROVIDER FOR DELIVERY OR TRANSMISSION OF TEXT MESSAGES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
You agree to defend, indemnify and hold us, our affiliated companies, employees, representatives and agents harmless from all liabilities, claims and expenses, including attorneys’ fees, that arise from your use or misuse of The Services.
Disputes and Forum for Disputes:
If you have a dispute or concern regarding The Services or these Terms, please contact us at 1-800-422-1230. We encourage our consumers to contact us directly to resolve any concerns they may have. These Terms and all claims arising out of or related to these Terms and/or The Services, will be governed in all respects by the laws of the State of Michigan without regard to conflict of laws provisions. All disputes arising out of or relating to these Terms and/or Services shall be resolved individually, without resort to any form of class action and you hereby irrevocably consent to the exclusive jurisdiction of the United States District Court for the District of Michigan (Eastern Division) or the appropriate Michigan State Court located in Berrien County, Michigan.