KAY Jewelers MMS Feedback
Terms & Conditions
Last revised October 1, 2017
By participating in the KAY Jewelers MMS Feedback Service (the "Service"), you (i) acknowledge and represent to Signet Jewelers and its affiliates (collectively, "Company") that you are at least 18 years old and the owner or authorized user of the mobile phone(s) that is linked to the Service; (ii) agree to receive text messages from Company, which may be sent via automated means, to the mobile phone number(s) you provide; (iii) understand that you are not required to provide consent to receive text messages via the Service as a condition of purchasing any goods or services; and (iv) expressly agree to be bound by these MMS Feedback Terms & Conditions, including without limitation, any terms incorporated herein by reference ("Agreement"). If you do not consent to the terms of this Agreement, you must immediately cease using the service and contact us as provided below.
Company may, at any time, revise or modify this agreement or impose new conditions for use of the Service. Such changes, revisions, or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on our website or by email. Any use of the service by you after such notice shall constitute your acceptance of such changes, revisions, or modifications.
Messages are administered by BirdEye, Inc. BirdEye's messages are distributed to you via Twilio Inc.
Reoccurring messages may apply. Autodialed messages will be sent to this number. You will receive a text that states: "Hi [your name] Please provide your feedback by clicking the link below. Text STOP to unsubscribe from BirdEye reviews." Standard text messaging and data rates apply.
Subscriber Requirements and Limitations
You must use your own wireless device capable of two-way messaging and use a participating carrier with a telephone area code within the 50 United States, the District of Columbia, or Puerto Rico. By enrolling in our service, you certify that you are the owner of the mobile number and you agree to promptly notify company if you no longer own or are the primary user of the mobile number by texting "STOP" to this message.
Twilio supports sending MMS messages to the following mobile carriers in the US and Canada: Major carriers: AT&T, Verizon, T-mobile, Sprint, Rogers, Bell, Fido, Telus and Wind Canada. Minor carriers: 365 Wireless, Alaska Communication System (ACS), Advantage Wireless, Alltel Wireless, Bluegrass Cellular, Boost Mobile, Carolina West Wireless, Cellcom, Cellular South, Clear Talk Wireless, Commnet Wireless, Copper Valley Telecom, CTC Telecom, GCI Wireless, Google Voice, Illinois Valley Cellular, Inland Cellular, James Valley Communications, Leaco, MetroPCS, MTA Communications, NewCore Wireless, Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pinpoint Communications, Southern Linc, SRT Communications, Standing Rock Telecom, Thumb Cellular, Simmetry (TMP Corporation), United Wireless.
When you are reaching a carrier not listed above via MMS, Twilio would return an HTTP 400 error.
The wireless carriers are not liable for delayed or undelivered messages.
AT&T, Verizon, Sprint and T-Mobile customers: To discontinue receiving feedback request messages from KAY Jewelers, text STOP to this message, or call us at 1-800-527-8029. You will receive a confirmation text that you have been opted out. You may opt-out at any time. For additional help, text HELP to this message.
You agree to indemnify, defend, and hold company and its officers, directors, employees, agents, licensors, and service providers (collectively, the "Company Parties") harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from your use of the Service.
Disclaimer of Warranties
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 NON-INFRINGEMENT. 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, 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.
Limitation of Liability
IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE OR ANY TEXT MESSAGE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SERVICES IS AT YOUR SOLE RISK. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Governing Law; Jurisdiction and Venue
This agreement and any dispute or claim arising out of or related to this agreement, its subject matter, or its formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this agreement or the service shall be instituted exclusively in the federal or state courts located in Summit County, Ohio. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If any provision of these terms are determined to be invalid or unenforceable by a court or any governmental agency having competent jurisdiction, then the remainder of these terms will not be affected.
If you have any questions about the service or this agreement, call us at 1-800-527-8029, or write to us Customer Care at: 375 Ghent Rd, Akron, Ohio 44333.