Procedure Information
Procedure Title
Terms and Conditions- Texting Procedure
Issuing Office
Information Services
Affected Parties
University faculty, staff, students, alumni, and associates
Procedure Language
Please read these terms and conditions of service carefully before you launch mobile products, services, or applications provided by Liberty University. These terms and conditions of service represent the agreement (“Agreement”) between you and Liberty University, Inc. (“Liberty University”) with respect to the Liberty University application service (the “Liberty University Service” or “Service”). All references herein to “you” and “your” means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement. Your use of the Liberty University Service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the Liberty University application.
Liberty University may revise these terms and conditions at any time, with or without notice to you. You should visit the Liberty University Policy Directory from time to time to review the current terms and conditions of the service.
Procedure Rationale
This procedure provides you with the terms and conditions of service that represent the agreement between you and Liberty University.
Definition of Glossary Terms
Non-Personally Identifiable Information (Non-PII): Anonymous public sourced information, that is general in nature and cannot be used to identify a person, for example, demographic data, wireless carrier, and device identification.
Personally Identifiable Information (PII): information that is specific and unique to an individual, for example, name, mailing address, mobile phone number, email address, date of birth, social security number (SSN), or credit card number.
You and Your: means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement.
Procedural Information
Procedures
Liberty University’s SMS Service:
The Liberty University SMS Service interacts with you by delivering content, information, promotional offerings, coupons, etc. to your mobile device. There is no monthly fee associated with the use of this service; however, text messaging and data charges billed by your carrier may apply. Liberty University subscribers will receive messages, determined by the contact requests from the subscriber.
A complete description of the Liberty University Service is available on Liberty University’s website, located at Liberty.edu and in our privacy policy.
Opt-Out:
All Liberty University SMS services must have opt-out functionality for messages not containing information related to an immediate and present danger that threatens the life or livelihood of the recipient. To unsubscribe to non-emergency text notifications, reply STOP, to cancel future text messages. By sending STOP, you agree to one additional confirmation message stating that you have opted out and will no longer receive text messages from that service. To get help text HELP. If the opt-out methodology is not clear for a given service, please contact the HelpDesk. If you are staff or faculty, please submit a helpdesk ticket. If you are a student or non-staff/faculty university associate, you may get additional support by calling HelpDesk at (800) 424-9595. Any such cancellation by you will become effective when processed by Liberty University.
All costs associated with receiving a text message are the responsibility of the individual receiving the message. Check with your mobile operator for details on receiving text messages (SMS). Carriers are not liable for delayed or undelivered messages.
For more information, call 866-447-2869.
Your Location & Other Personal Information:
Additionally, the Liberty University Service may collect Personally Identifiable Information (“PII”). The Liberty University Service may also collect information about your wireless device type, the name of your wireless carrier, the types of interactions and transactions you invoke in response to the Liberty University Service, and your preferences. This is Non-Personally Identifiable Information (“Non-PII”) which is used to improve the Service to deliver more relevant content and marketing messages, as well as to measure the effectiveness of information, content, and promotional offers. PII and Non-PII information are subject to Liberty University’s privacy policy. Your use of the Liberty University Service indicates that you accept the terms of Liberty University’s privacy policy. Each type of information may be recorded and stored for training and quality assurance purposes.
Safe & Lawful Use of the Liberty University Service:
You agree to comply with the following when using the Liberty University Service:
- You may not use the Liberty University Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
Telephone Charges:
You are responsible for any fees assessed by your wireless telephone carrier to access the Liberty University Service, including any data plan charges, text messaging charges, tolls, out-of-area roaming, or other telephone connection charges.
Termination:
Liberty University reserves the right to terminate your access to the Liberty University Service at any time for any or no reason and without notice to you. Upon termination of your Liberty University Service, Liberty University will have no liability to you or any further obligations under this Agreement.
Disclaimers:
To the fullest extent permissible pursuant to applicable law, in no event will Liberty University, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the Liberty University Service. You are responsible for the entire risk arising out of your use of the Liberty University Service.
The Liberty University Service is provided “as is” and without warranties of any kind either expressed or implied. Liberty University disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
Limitation of Liability:
To the extent permitted by law, under no circumstances will Liberty University or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the Liberty University Service, any defects in the Liberty University Service, or any breach of this Agreement, even if Liberty University or its licensors have been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
Indemnification:
To the extent permitted by applicable law, you agree to indemnify, defend and hold Liberty University and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with your use of the Liberty University Service.
Governing Law; Forum Selecting:
This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of courts sitting in Lynchburg, Virginia. Any action arising from this Agreement must be brought in a court sitting in Lynchburg, Virginia.
Miscellaneous:
This Agreement constitutes the entire agreement between Liberty University and you with respect to the subject matter hereof. Liberty University’s or your failure to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be ignored, and the remaining provisions of this Agreement will remain in full force and effect.
You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Liberty University. Notwithstanding the foregoing, Liberty University may assign this Agreement to any affiliate, successor company or third-party company at any time without notice.
By using the Liberty University Service, you consent to receive from Liberty University all communications, including notices, agreements, legally required disclosures or other information in connection with the Liberty University Service (collectively, “Notices”) electronically. Liberty University may provide such Notices by posting them on Liberty University’s website or by sending such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Liberty University Service.
If you have any questions regarding the terms of this Agreement, please contact Liberty University via (i) phone at 866-447-2869 or (ii) mail at Liberty University, 1971 University Boulevard, Lynchburg, Virginia, 24515.