PROMOTIONAL MOBILE MESSAGING

THE DUNN-EDWARDS^® PROMOTIONAL MOBILE MESSAGING TERMS AND CONDITIONS

DEFINITIONS

“Dunn-Edwards Alerts” means text messages that contain promotional alerts from for Dunn-Edwards and Dunn-Edwards DURA (“Dunn-Edwards Alerts”) including color tips, special offers and sales, which are sent to Your Mobile Number.
“You” means the person who signs up to participate in, or uses in any way, the Service. “We,” “our,” “us,” and “provider” refer to Dunn-Edwards Corporation, as well as any other person or entity providing any service, applications or content to you from us or on our behalf in connection with the Service.
“Applications” and/or “Content” refer to any file, device or software that can be downloaded by you to a computer, cell phone or other device.
“Service” means the Dunn-Edwards Alerts, including any Applications or Content that are transmitted to Your Mobile Number in connection therewith.
“Your Mobile Number” means the mobile phone number that you submit to Dunn-Edwards when you sign up to receive the Service.

HOW DO I SIGN UP TO RECEIVE DUNN-EDWARDS ALERTS?

You can sign up to receive Dunn-Edwards Alerts several different ways. Examples include:

• by texting the words Instant Savings to 888-337-2468
• by checking the opt in box when completing an application and summary terms of sale form
• by checking the opt in box when establishing an account with Dunn-Edwards
• by completing a form in connection with an opt in campaign
• via a form in connection with sweepstakes
• through a form created for a specific event

Upon submission of Your Mobile Number to the Dunn-Edwards Alerts program, you will receive a text message confirming your consent to receiving text messages to Your Mobile Number.

If you sign up, you agree to receive multiple automated text messages per month; no purchase is necessary to participate. You are not required to participate in order to purchase goods or services from Dunn-Edwards. The Service is a recurring message program and is valid only in the U.S.

DOES IT COST ANYTHING?

Although all Dunn-Edwards Alerts are complimentary, message and data rates may apply. Depending on your text plan, you may be charged by your carrier. By enrolling in the Service, you certify that you are 18 or older and that (a) you are the account holder or (b) you have the account holder’s permission to do so.

HOW CAN I OPT OUT?

You may opt out at any time. To stop receiving Dunn-Edwards Alerts, simply text STOP in response to a Dunn-Edwards Alert. After doing so, you will receive a text message confirmation of your opt-out, and thereafter, you will no longer receive Dunn-Edwards Alerts to Your Mobile Number.

WHAT IF I WANT TO OPT BACK IN?

You can start receiving Dunn-Edwards Alerts again by following the steps outlined in the above section: “How do I sign up to receive Dunn-Edwards Alerts?”

WHAT ARE THE PARTICIPATING CARRIERS?

The Service is available on many carriers. The Service is not compatible with all cell phone models. Dunn-Edwards is not responsible for any delays in sending or receiving text messages.

WHERE CAN I GET HELP?

For help, please send us an email via our Contact Us page at https://www.dunnedwards.com/about/contact-us

WHAT IS OUR PRIVACY POLICY?

You can view our privacy policy by clicking here.

ACCEPTANCE BY YOU

By using the Service provided by us, you have agreed to be bound by these terms and conditions (this “Agreement”). If you do not agree with this Agreement, you must immediately cease using the Service and opt-out, as described above. We may update or amend this Agreement at any time, and such amendments will be effective upon our posting of the updated Agreement at www.dunnedwards.com/about/mobile-terms-of-use (the “Website”). We may also elect to send you a text message to Your Mobile Number to advise you of such amendments. You may review this Agreement, and any amendments hereto, at any time by accessing the Website. If you do not agree to this Agreement as amended, you must immediately cease using the Service and opt-out, as described above. Your continued access or use of the Service after such posting constitutes your consent to be bound by this Agreement, as amended.

CONTACT INFORMATION

You represent that you are the account holder or you have the account holder’s permission to enter Your Mobile Number in the Service. You agree to maintain accurate, complete, and up-to-date information with your provider regarding your use of the Service, including that you agree to advise us immediately if you cease being the subscriber or regular user of Your Mobile Number.

DISPUTE RESOLUTION

You agree that this Agreement, and your receipt of the Service, are governed by the laws of the State of California, USA (without reference to any conflicts of laws principles). You hereby consent to the jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Los Angeles County, California, USA in all disputes arising out of, relating to, or concerning this Agreement and/or the Service.

YOU AND WE AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION IN LOS ANGELES COUNTY, CALIFORNIA, USA IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT ON ANY AWARD OF THE ARBITRATOR(S) MAY BE ENTERED BY ANY COURT OF COMPETENT JURISDICTION. However, any party may seek preliminary injunctions, temporary restraining orders, or other provisional remedies in any court of appropriate jurisdiction, as provided in California Code of Civil Procedure Section 1281.8. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.

YOU MAY ONLY RESOLVE DISPUTES WITH DUNN-EDWARDS ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND WE ACKNOWLEDGE AND AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS OR ACTIONS ARE NOT PERMITTED.

DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE OFFERED COULD INCLUDE INACCURACIES OR OTHER ERRORS, OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS OR ACTS OF GOD. WE DO NOT PROMISE ERROR-FREE SERVICE. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY TEXT MESSAGES AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR NETWORK OPERATOR.

LIMITATION OF LIABILITY

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 out of or relating to the Services.