Please read these Text Messaging Terms and Conditions (“Terms”) carefully. By submitting your telephone number or otherwise agreeing to receive text messages (“Opting In,” “Opt In” or “Opt-In”) from Hot Yoga Inc (“Company,” “we” or “us”), you agree to be bound by these Terms, the Company’s websites’ Terms of Use, the Company’s Privacy Policy, and any other applicable terms and conditions related to your participation in the Company’s text messaging service (“Service”). If you do not agree with these Terms, you must immediately cease using the Service and opt out, as described below. We may update or amend these Terms, at any time, and such amendments will be effective upon posting of the updated Terms at https://hotyogainc.com/sms-terms-and-conditions/. WE DO NOT ENDORSE OR MAKE ANY REPRESENTATIONS ABOUT ANY SERVICES, INCLUDING TEXT MESSAGING SERVICES, THAT MAY BE OFFERED BY THIRD PARTIES AND/OR INDEPENDENTLY OWNED AND OPERATED FRANCHISEE STUDIOS.
Note: These Terms contain a dispute resolution and arbitration provision, including a class action waiver that affects your rights under the Terms and with respect to disputes you may have with the Company. You may opt out of the binding individual arbitration and class action waiver as provided below.
Information obtained as part of the SMS consent process will not be shared with third parties.
By Opting In, you confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
You agree that the Service provided may use text messages sent from an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other type of systems, software, hardware, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages, to the telephone number associated with your Opt-In.
Upon Opting In you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
Note: You do not have to Opt In as a condition of receiving informational or transactional messages.
You may Opt Out (defined below) of these communications at any time, and your consent to receive text messages from the Company is not required and is not a condition to purchase any goods or services.
You can stop receiving text messages from the Company at any time (“Opting Out,” “Opt Out” or “Opt-Out”). If you wish to Opt Out of receiving text messages, or no longer agree to these Terms, text [the applicable Short Code] or directly reply to any text message received under these Terms with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. You may receive an additional text message confirming your decision to Opt-Out. You understand that the text message Service may not recognize and respond to unsubscribe requests that contain words or phrases other than those set forth above and agree that the Company and its service providers will have no liability for failing to honor such requests.
If you have consented to receive text messages from Hot Yoga Inc, you may receive text messages related to making an appointment and appointment confirmation. Below are examples:
Thanks for your interest in Hot Yoga Inc! You have successfully opted into Hot Yoga Inc SMS. If you haven’t booked your intro yet, book here. Msg&data rates may apply. Click to view SMS Terms of Service. Text STOP to opt out.
For assistance, text “HELP” or visit our Privacy Policy at https://hotyogainc.com/hyi-privacy-policy/ and our SMS Terms of Service at https://hotyogainc.com/sms-terms-and-conditions/
Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Message and data rates may apply. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving text messages. You are solely responsible for any costs related to or associated with your receipt of text messages, as set forth more fully in these terms.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the Service are not liable for delayed or undelivered messages.
The Service is able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Boost Mobile, and Virgin Mobile.
We value your privacy. Please review our Privacy Policy, available here https://hotyogainc.com/hyi-privacy-policy/, which explains how we use information that you submit to the Company.
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY TEXT MESSAGES, AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR CARRIER AND/OR NETWORK OPERATOR. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE, OR INABILITY TO USE, THE SERVICE OR ANY TEXT MESSAGE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF (INCLUDING, BUT NOT LIMITED TO, ORANGETHEORY FRANCHISEES). YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON.
