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SMS Terms & Conditions – UDaily

 
The University of Delaware Office of Development and Alumni Relations (“DAR” “UD Alumni & Friends”, “we” or “us”) offers you the option to receive periodic text messages, images, and links from UD Alumni & Friends by opting in to receive UD news, event invitations, fundraising and volunteer opportunities. If you take advantage of this option:
PLEASE READ THESE TERMS AND CONDITIONS BEFORE ENROLLING TO RECEIVE TEXT MESSAGES FROM DAR. BY ENROLLING TO RECEIVE SUCH TEXT MESSAGES, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE TERMS AND CONDITIONS AND TO THE PROCESSING OF YOUR PERSONAL INFORMATION ASSOCIATED WITH RECEIVING AND SENDING TEXT MESSAGES TO/FROM DAR ACCORDING TO THE DAR PRIVACY POLICY AVAILABLE AT udel.edu/alumni-friends/about/privacy-notice.
You can always change your mind later and opt out of receiving our text messages, but if you enroll the following terms apply:
Consent: You expressly consent to receiving from DAR, or others on DAR’s behalf, marketing and non-marketing text messages including, receive periodic text messages, images, and links UD news, event invitations, fundraising and volunteer opportunities. These text messages may be sent using an automatic dialing system to the mobile telephone number(s) you provide and without you having to provide additional consent. Signing up for these text messages is not a condition to participating in the offers, events, programs, or opportunities. You understand that the frequency of text messages may vary. 
Your Mobile Telephone Number: You represent that you are the account holder for the mobile telephone number(s) that you enroll. You agree that you are responsible to notify DAR of a number change by contacting DAR according to the “SUPPORT” section of this document. You agree to indemnify DAR in full for claims, expenses, and damages related to or caused in whole or in part by your failure to notify DAR if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Cost: You acknowledge that standard carrier message and data rates may apply to each text message sent or received as provided in your mobile service rate plan in addition to any applicable roaming charges. We encourage you to contact your mobile carrier to understand these charges.
Access or Delivery Not Guaranteed: You are responsible for determining whether your mobile carrier supports text messaging or if your mobile device can receive text messages. You acknowledge that delivery of text messages may fail due to a variety of circumstances or conditions and that network services, including but not limited to mobile network services, are outside of DAR’s control. DAR is not responsible for issues arising from such network services (e.g., delayed, or undelivered messages or the security of any message). Carriers are also not liable for delayed or undelivered text messages. 
Supported Carriers: You understand that supported carriers may change from time to time, but currently include AT&T, Sprint, T-Mobile, and Verizon Wireless, among others.
Legally Eligible: You represent that you are at least 18 years of age.
Support: Call 302-831-2104 or toll-free 866-535-4504. You can also text HELP to 30203.
Changes to the text messaging terms and conditions: DAR may revise, modify, or amend these Terms and Conditions at any time. Any such revision, modification, or amendment will take effect when it is posted to the DAR website (available at www.udel.edu/alumni-friends). You agree to periodically review the Terms and Conditions to ensure that you are aware of any changes. Your continued consent to receive DAR text messages will indicate your acceptance of those changes.
Termination of text messaging: You understand and agree that DAR may suspend or terminate your receipt of DAR text messages if we believe you are in breach of these Terms and Conditions. Your receipt of DAR text messages is also subject to termination if your mobile telephone service terminates or lapses. DAR reserves the right to modify or discontinue, temporarily or permanently, all or any part of DAR text messaging, with or without notice.
Indemnification: If you violate the terms of these Terms and Conditions, you agree to indemnify and hold harmless DAR, its officers, directors, employees, volunteers, agents, and representatives from all liability, claims, causes of action, relief, damages, losses, fees, and costs of any type whatsoever that may be incurred, including, but not limited to, your failure to notify us about your change in telephone number. Opting out of receiving our text messages in the future terminates this agreement, but your indemnification obligation will survive and continue to apply to you with respect to your compliance with these Terms and Conditions while you were enrolled.  
Limitation of Liability: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE ARE NOT RESPONSIBLE AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE DAMAGES OR ATTORNEY’S FEES ARISING FROM OR RELATED TO THE TEXTS.
Waiver of Jury Trial: TO THE EXTENT PERMITTED BY LAW, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES THAT THEY SHALL, AND THEY DO HEREBY, WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BETWEEN THE PARTIES OR THEIR SUCCESSORS OR ASSIGNS ON ANY MATTERS ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT OR THE SERVICES.
Applicable Law: Except as otherwise noted herein, your use of this service under these Terms and Conditions is governed by the laws of the State of Delaware.
How to enroll: You can opt in to UD Alumni & Friends by texting DELAWARE to 30203. You will receive a confirming text to verify you would like to opt-in.
How to opt out later if you change your mind:  Text “STOP” to 30203. We will send you a confirming text.
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  Alumni & Friends
83 E. Main Street, 3rd Floor, Newark, DE 19716   [email protected] 302-831-2104

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