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SMS Terms + Conditions

Last Modified Date: November 12, 2020

“SMS” means Short Message Services.

Please read these terms and conditions carefully. 

By signing up for texts or clicking ACCEPT to sign up for any of Passion, Inc., you expressly consent to receive both non-marketing and marketing text messages from Passion and potentially from other third-party service providers engaged to send you text messages on Passion’s behalf, including text messages made with an autodialer at the wireless mobile telephone number(s) that you provide us. 

You may opt-out of these communications at any time, and your consent to receive text messages is not required to purchase any goods or services.

By signing up for texts or by clicking ACCEPT you also agree to accept and be bound by these SMS Terms and Conditions, the Website Terms and Conditions, our Privacy Policy and any other applicable terms and agreements related to your use of Passion’s services and to the processing of your information as set forth in those policies. 

Program Description

Passion and its third party service providers may use an automatic telephone dialing system (“autodialer”) to deliver telemarketing text messages to you. Text messages sent by Passion are intended to provide you with information about Passion’s goods and services (e.g., Passion-sponsored events, special offers, promotions and other information or messages Passion believes may be of interest to you).

Message Frequency

The number of Passion text messages that you receive will vary depending on how many of Passion’s text messaging programs for which you sign up to receive messages. Passion may generally have multiple separate text messaging programs.

 Cost

Message and data rates may apply to each text message sent or received in connection with the text messages sent to you by Passion, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.  Passion does not impose a separate fee for sending text messages.

Supported Carriers

Supported carriers may change from time to time, but currently include AT&T, T-Mobile, Verizon Wireless, Sprint, Nextel, Boost, Alltel, US Cellular, and Cellular One, among others.

Please note that the listed supported carries are not liable for delayed or undelivered messages.

How to Opt-In 

To opt-in to receive text messages from Passion text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages.

How to Opt-Out 

To stop receiving text messages from Passion text messaging program, text STOP to the five digit short code or telephone number for the text messaging program from which you no longer wish to receive message (i.e., the number from which its text messages are being sent).  You will then receive confirmation of your opt-out of that text messaging program.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide.  You are responsible for notifying Passion immediately if you change your mobile telephone number.  You may notify Passion of a number change by submitting an email to privacy@268generation.com

By providing us your mobile telephone number and accepting these SMS Terms and Conditions you agree to indemnify Passion in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Passion 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.

Privacy 

Please click this link to access Passion’s privacy policy.

Access or Delivery to Mobile Network is Not Guaranteed

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions.  You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Passion’s control, and Passion is not responsible or liable for issues arising from them.

Technical Support and Assistance

To request more information, text HELP to the five digit short code for the text messaging program about which you have questions (i.e., the five digit number from which its text messages are being sent).  You may also receive help by submitting an email to privacy@268generation.com

Eligibility

Passion reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions

Passion may revise, modify, or amend these SMS Terms and Conditions at any time.  Any such revision, modification, or amendment shall take effect when it is posted to Passion’s Website.  You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes.  Your continued consent to receive Passion text messages will indicate your acceptance of those changes.

Termination of Text Messaging 

Passion may suspend or terminate your receipt of Passion’s text messages if Passion believes you are in breach of these SMS Terms and Conditions.  Your receipt of Passion text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  Passion reserves the right to modify or discontinue, temporarily or permanently, all or any part of Passion text messages, with or without notice.

Communications and Consent to Electronic Notices 

You may communicate with Passion via postal mail, telephone, and our website.  Passion may issue notices via these various channels, including by sending e-mail to an address you provide.  You agree that such notices shall have legal effect.

By signing up for texts or clicking ACCEPT and accepting these SMS Terms and Conditions, you agree that notices sent by e-mail satisfy any requirement that notices be provided in writing.  You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, Passion will provide you with paper copies upon request.  You may withdraw your consent and make such a request to receive certain communications in writing by email at privacy@268generation.com.

To receive, access, and retain the notices that Passion sends via e-mail, you must have Internet access and a computer or device with a compatible web browser.  You will also need software capable of viewing files in PDF format.  Your device or computer must have the ability to print, or download and store, e-mails and PDF files.

By signing up for texts or clicking ACCEPT and accepting these SMS Terms and Conditions, you confirm that you are able to receive, access, and retain the notices that Passion may send.  You may update your contact information through the “contact us” form linked here.

Contact Us

If you have questions regarding these SMS Terms and Conditions, please reach out to us through the “contact us” form linked here.

You may also contact us by emailing us at privacy@268generation.com.