Engaging Results Communications, LLC Terms of Service and Privacy

General
The Engaging Results Communications, LLC (ERC) Terms of Service describes the services and terms of service provided by ERC, its third party customers and the users of ERC services (“User(s)”). The Terms of Service applies to all services and brands owned by ERC.  This includes but is not limited to the Websites and Mobile Clubs owned by ERC.  Effective date of the Terms of Service is September 19, 2010 and will remain as stated unless updated by Engaging Results Communications, LLC at its sole and absolute discretion. Any such changes will be posted on the Website, www.ercsms.com. Your use of any services provided by ERC constitutes your agreement to the privacy policy as in effect at that time.

 

By participating in an ERC campaign, you agree that you are the primary owner of the phone number used to subscribe. Message and Data Rates May Apply. Messages sent from automated system. Consent not required for purchase. You may unsubscribe from a program at any time by texting STOP to the appropriate shortcode. For additional help, you can text HELP to the appropriate shortcode, email business@ercsms.com or call 608-837-5270. Although frequency varies by program, you should receive no more than 8 messages per month per program. Supported carriers include ALLTEL, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Centennial Wireless, Cincinnati Bell, Cox Wireless, Dobson, ECIT, GCI, Illinois Valley, Immix Wireless, Inland Cellular, iWireless, LongLines Wireless, MetroPCS, Nex-Tech, NTelos, Revol Wireless, Simmetry, Sprint, T-Mobile, Unicel, United Wireless, U.S. Cellular, Verizon Wireless, Virgin Mobile USA, West Central Wireless and other carriers that may be added from time to time. Service may not be compatible with all handsets.

 

Protection of Children
Children under the age of 13 (“Child or Children”) are not permitted to communicate electronically with ERC.  Engaging Results Communications, LLC does not knowingly collect information from any Children under the age of 13, and all children under the age of 13 are hereby notified that they are not permitted to post any personal information on the Website or through Mobile communication. If a Child does submit personal information and ERC becomes aware of it, the information will be permanently deleted ceasing all communication with the Child. Parents are encouraged to alert ERC to any participation by a Child.  In said case, ERC will use due diligence to confirm reported incident and act as described in this paragraph.

 

User Consent

By accessing or otherwise participating with ERC services, User consents to the Terms of Service.  User also consents to terms of the ERC Privacy Policy which can be found at www.ercsms.com.  User accepts the Terms of Service each time User accesses information or receives communication from ERC or its third parties.  By accessing ERC services, you represent that you are legally able to accept these terms, are 18 years or older or have parental consent (still must be 13 or older), and are legally able to consent to the Terms of Service and Privacy Policy Terms (found at www.ercsms.com).  The laws of the State of Wisconsin govern the interpretation of the Terms of Service.  Any dispute or proceedings arising from the Terms of Service shall be submitted to the courts of Dane County, Wisconsin and the User of involved in such dispute agrees to pay any and all expenses, including reasonable attorneys’ fees incurred by ERC during the proceedings.

 

Services Provided By ERC

ERC provides communication services that connect businesses or organizations with their current or potential customers.  The communication may be in the form of SMS text messaging, email, or other avenues depending on the information provided by the User.  ERC’s most common communication with a User will entail commerce or communication offers from third parties.  See Privacy Policy for information on use of User Personal Information.  ERC aims to provide valuable information to Users that pertains to the local area they live or travel in.  User may discontinue communication controlled by ERC at any time by writing to 5113 Monona Drive, Madison, WI 53716 or by texting “STOP” to 30364 from the mobile device they receive communication on from ERC. In simplest terms, ERC relays messages from third parties to Users.  It does not warrant any information relayed through ERC to the User and User must contact the contracted third party directly for rules/regulations, restrictions or commerce required regarding any offer relayed through ERC channels of communication.

 

Third Party Responsibilities

The third party is any individual, organization or business that contracts with ERC to communicate with Users.  The third party is ultimately responsible for details within the communication and for results from said communication and meeting all legal requirements of advertising to Users.  The third party expressly consents that it maintains all liability and risk associated with offers or communication it authorizes ERC to communicate to Users.  While ERC takes standard precautions to ensure the user is of appropriate age and meets all legal requirements of the message, the third party is ultimately responsible for verifying the requirements of its offer are met by each User that contacts the third party.  It is recommended that the third party post all rules/regulations, restrictions and commerce details in plain sight at their consumer locations and/or on the website.  Users should check with the third party of the message regarding any questions on terms.

 

User Services

Users of ERC services are comprised of anyone that has accessed or requested communication from ERC.  Most commonly this will be through the avenues of its websites or mobile text clubs, but is not limited to such communication.  ERC does not charge monetary fees for use of its services by the Users.  It does however generate revenue from the sender of such communication. This is most commonly referred to as advertising fees.  While ERC promotes that the services are free to Users, it does not control any fees charged by companies for delivery of such communications other than ERC.  It is recommended that Users refer to their mobile carrier or web service provider agreements for fees that may be incurred.  Standard carrier message and data rates may apply. Text STOP to end. Text HELP for help.  The User may cease communication with ERC at any time by writing to 5113 Monona Drive, Madison, WI 53716 or by texting “STOP” to 30364 from the mobile phone(s) in which they communicate with ERC.  User is ultimately responsible for verifying terms of offers with the offer provider.  ERC relays the third party information but does not warranty or guarantee the terms of offers or communications provided by the third party.

 
Copyright (C) 2014 Engaging Results Communications, LLC