Last Updated August 17, 2023

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Please read these SMS Text Messaging Terms & Conditions carefully. By opting into Yocal's SMS text messaging program, you expressly consent to receive marketing and non-marketing messages from Why Local, Inc. (“Yocal”) to the mobile phone number(s) you provide.

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You may opt-out of these messages at any time by replying STOP to any text message received from Yocal or by contacting Yocal as described below. You can receive help at any time by replying HELP to any text message received from Yocal or by contacting Yocal as described below. Your consent to receive marketing and/or non-marketing messages is not required to receive any product or service from Yocal. Messaging and data rates may apply. By completing the PRx Mobile Messaging Program E-Consent Form, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of Yocal services.

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Program Description

Yocal offers a text messaging program whereby Yocal will text message you to provide you notifications, reports, and customer care communitation. Twilio Inc. (“Twilio”) is a third party service provider that sends and receives text messages on Yocal's behalf. By participating in Yocal's text message program, you agree to be bound by Twilio’s Terms of Service, which Is located here: https://www.twilio.com/legal/tos and Twilio’s Privacy Notice, which is located here: https://www.twilio.com/legal/privacy. In addition to Twilio, Yocal may utilize other third parties to administer certain aspects of the text messaging program.

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Message Frequency

The message frequency will be variable, depending on your unique circumstances and the nature and extent of your communication with Yocal.

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Cost

Yocal does not charge a separate fee for your participation in the text messaging program. However, standard message and data rates may apply to each text message sent or received in connection with Yocal’s text messaging program, as provided in your mobile telephone service plan document(s). Please refer to those documents for additional information.

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Supported Carriers; Interruption

Yocal’s text message program should be available through your mobile device when the device is within the operating range of your wireless service provider. Yocal’s text message program may not be available on all mobile devices, or through all wireless carriers. Yocal may, from time to time, in its discretion and without notice to you, limit the carriers that support Yocal’s text message program. Certain other carriers may not support Yocal's text message program.

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Delivery of information and content to your mobile device may fail due to a variety of circumstances or conditions. Yocal’s text message program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of Yocal’s control, and Yocal is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, internet or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using Yocal’s text message program. If Yocal’s text message program is not available within your intended location, you agree that your sole remedy is to cease using Yocal’s text message program.

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Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete and up-to-date information with Yocal regarding your use of Yocal's text message program, including, without limitation, notifying Yocal in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify Yocal in full for all claims, expenses, damages and costs, including reasonable attorneys’ fees, related to or caused in whole or in part by your failure to notify Yocal if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.

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Security

Messages sent or received in conjunction with the Yocal text message program may contain Protected Health Information or “PHI,” as such term is defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)(Public Law 104-191; 42 U.S.C. § 1320d et seq.) and its implementing regulations. You acknowledge that any PHI contained within text messages sent or received by you will be transmitted over open mobile phone networks that are not secure, and that PHI may be lost or compromised as a result of such transmission. Yocal is not responsible for any loss or compromise of PHI resulting from such transmission. If you do not agree to the transmission of PHI over networks that are not secure, do not enroll in the Yocal text message program.

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Privacy

Yocal’s Privacy Policy can be found here: https://findyocal.com/privacy

Support/Help

You can receive help at any time by replying HELP to any text message from Yocal or by contacting Yocal as described below.

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Eligibility

To receive Yocal text messages or enroll in Yocal's text message program, you must be a resident of the United States, at least eighteen (18) years of age or older, authorized to enroll the mobile telephone number in Yocal’s text message program, and authorized to incur any mobile message or data charges incurred by participating.

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Changes to the SMS Text Messaging Terms & Conditions

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

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Amendment; Termination of Text Messaging

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

 

Release; No Warranties; Limitation of Liability

By participating in Yocal’s text message program, you agree to release and hold harmless Yocal and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, tax liabilities, property damage, personal injury and/or death which may occur in connection with Yocal's text message program, including your receipt of text messages from Yocal or authorized third parties. Yocal has not made and is not responsible in any manner for any warranties, representations or guarantees, express or implied, in fact or law, relating to Yocal's text message program, including, without limitation, those regarding quality, merchantability, mechanical condition, or fitness for a particular purpose.

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You agree that Yocal shall not be liable for any damages of any kind arising from your use of Yocal's text message program, including, but not limited to, direct, indirect, incidental, consequential, special, exemplary or punitive damages, even if Yocal has been advised of the possibility of such damages. In the event that any provision of these Terms & Conditions is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

Contact Information

Yocal, headquartered at 3157 Farnam Street, Suite 7104PMB7239 Omaha, NE 68131, USA, is responsible for the SMS Text Messaging Terms & Conditions. For questions, please contact Yocal at support@findyocal.com.