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Mobile User Agreement

DO NOT ENTER YOUR PHONE NUMBER IF YOU DO NOT AGREE TO RECEIVE PERIODIC TEXT MESSAGES

Use of the AMERICAN HEART ASSOCIATION YOU’RE THE CURE (“YTC”or “AHA”) mobile text messaging service is subject to the following terms and conditions. By using the text messaging service, you agree to be legally bound by these terms and conditions. If at any time you do not agree with these terms and conditions, or any future modifications to these terms and conditions, your sole and exclusive remedy is to stop use of the text messaging service.  YTC reserves the right to revise these terms and conditions from time to time, and such modifications shall become effective when revised and posted. Please review these policies frequently.

To stop receiving all YTC mobile text messages, text STOP. After doing so, you will receive confirmation that you have been removed from the program, and thereafter you will no longer receive any YTC text messages.

1.  YTC mobile text messaging consists of a series of text messages sent to opted-in Users to support your progress. The frequency of text messages will vary based upon Your activity.

Stop: At any time, you can text STOP to Us. This will prevent you from receiving any future YTC messages.

2. You May Be Charged A Fee for Message Transmission And Delivery By Your Cellular Network Carrier.

You understand and acknowledge that your use of the text messaging service from a terminal such as a mobile device or personal computer is subject to any agreements you have with your cellular network carrier and any fees they may charge, including but not limited to fees for text messaging, data use or internet access. Any and all fees are your sole responsibility. The content is NOT available on all cellular networks. Carriers are not liable for delayed or undelivered messages.

3. As a user of the test messaging service, you agree to the following:

Access to the text messaging service is at the discretion of AHA and may be revoked at any time. Age restrictions apply to YTC mobile text messaging service. THE TEXT MESSAGING SERVICE IS INTENDED FOR USE BY THOSE PERSONS OF MAJORITY AGE AND IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA.

The text messaging service may only be used for lawful purposes and may not be used for any illegal activities, including, but not limited to: spamming, solicitation or unauthorized advertising; launch of denial of service attacks or viruses; fraud or harassment; intellectual property infringement; or any other activity that subjects AHA or any third party to liability, damages or danger.

Once delivered to your device, text messages are under your control and are your responsibility. If you are dissatisfied with the mobile text messaging service or with these Terms and Conditions, your sole and exclusive remedy is to discontinue enrollment in the mobile text messaging service. Individuals who participate in the mobile text messaging service do so at their own risk. By using the text messaging service you hereby release AHA from any liability arising from or related to access to these messages once they have been delivered. Although we use reasonable efforts to protect your privacy, you should keep in mind that if you give others access to your mobile device or your mobile device password, it is possible that information may be accessible by others. You can help guard against this by never disclosing your password or giving anyone else access to your mobile device.

To provide only current, complete, true and accurate information, You agree not to use a false or misleading name or a name that you are not authorized to use. You agree to immediately notify us if your mobile device number changes. AHA is not liable for any communication or transmission of information via text which occurs as a result of a change to your mobile device number that is not reported to AHA.

The text messaging service is intended only for general health and wellness information purposes. It is not a substitute for professional medical advice, diagnosis, or treatment. You agree to seek the advice of your physician or other qualified health provider with any questions you may have regarding medication, medical conditions or treatment.

In the event the mobile device number you provide to us is provided by your employer or you access your texts from a device issued by your employer, you acknowledge that your employer may have access to such texts. In addition, text messages are not secure, and there is risk that third parties may be able to access information contained in such texts. Texts that we send to you may contain healthful information that we think will be useful to you.

YTC does not guarantee the successful delivery of text messages. Messages sent via text may not be delivered if the mobile device number is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including your equipment, terrain, and proximity to buildings, foliage, and weather. AHA is not liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdirected delivery of a text message; (b) inaccurate or incomplete content in a text message; or (c) use or reliance on the contents of any text message for any purpose.

Texting while driving is dangerous and illegal in many states. DO NOT SEND OR READ TEXTS WHILE DRIVING, OPERATING MACHINERY, OR PERFORMING ANY OTHER ACTIVITIES REQUIRING YOUR ATTENTION.

By agreeing to these Terms of Use, and/or by using YTC mobile text messaging service, you provide your express consent to receive text messages from YTC and other calls that YTC may send to your landline, facsimile, cell phone or other device using an autodialer or artificial/prerecorded voice. You understand that such consent is not required to purchase any services from YTC. You also understand and agree that you are solely responsible for all costs assessed by your mobile phone or mobile device service provider for calls, text messages, alerts or other data sent to your mobile device and for any messages sent from your mobile phone or mobile device to YTC. You represent that you have the authority to enter into this consent for each telephone number you provide to YTC. You may contact YTC to decline (i.e., opt-out) receiving messages sent to your mobile phone or other mobile device by texting STOP to Us.

4. Privacy. AHA respects your privacy. We will use the information you provide for the purpose of providing the text messaging service or as otherwise required or permitted by law and AHA’s Privacy Policy.  YTC reserves the right to disclose any information as necessary to comply with any applicable law, regulation or governmental request, or to avoid legal liability. Additional terms and conditions relating to the text messaging service, as well as additional terms regarding AHA’s Privacy Policy, which may be found here: Privacy Policy.

5. Disclaimer.

THE TEXT MESSAGING SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.  YTC DOES NOT WARRANT THAT THE TEXT MESSAGING SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.  YTC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE TEXT MESSAGING SERVICE, THE SUITABILITY OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE TEXT MESSAGING SERVICE.

6. Limitation of Liability.

NEITHER AHA NOR ANY OF ITS LICENSORS IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE TEXT MESSAGING SERVICE, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION, EVEN IF AHA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Applicable Law. By using YTC mobile text messaging service, you agree that applicable federal law and the laws of the state of Texas, without regard to principles of conflict of law, govern these Mobile Terms and any dispute of any sort that may arise between you and YTC relating in any way to the your use of  YTC text messaging services.

8. Changes to Texting Terms of Use.

AHA reserves the right to make changes to these Mobile Terms at any time by posting our new terms. Modifications to these Mobile Terms are effective when they are posted, in which case posting constitutes notice to you. To the extent we make material changes to these Mobile Terms, we will list those sections to which the material changes were made below. Your continued agreement to receive texts from YTC following the posting of any such modifications constitutes your acceptance and agreement to be bound by such modifications. We encourage you to check posted Texting Terms of Use regularly to see if we have made any modifications to them.

Need to CONTACT AHA?

• Call us toll-free at 1-800-242-8721, or

• Write to us at National Service Center, American Heart Association, 7272 Greenville Avenue, Dallas, Texas 75231.

(REV Sep 2016)