The Boat Shops Mobile Messaging Marketing Program Terms & Conditions
The Boat Shops (hereinafter, “The Boat Shops,” “We,” “Us,” or “Our”) offers a mobile messaging program (the “Program”). By opting in to or participating in the Program, you agree to these Mobile Messaging Marketing Program Terms and Conditions (the “Agreement”), including your agreement to resolve any disputes through binding, individual-only arbitration as detailed in the “Dispute Resolution” section below.
This Agreement applies solely to the Program and does not modify any other Terms and Conditions or Privacy Policy governing your relationship with The Boat Shops.
User Opt In
The Program allows users to receive SMS and MMS marketing messages by affirmatively opting in, including through online forms, in-store forms, website submissions, event registrations, or other enrollment methods.
By participating in the Program, you consent to receive autodialed or prerecorded marketing messages at the phone number provided. Consent to receive marketing messages is not required as a condition of purchasing any goods or services from The Boat Shops.
Message and data rates may apply.
User Opt Out
You may opt out of the Program at any time by replying:
STOP
END
CANCEL
UNSUBSCRIBE
QUIT
to any message received from The Boat Shops.
You may receive a confirmation message after opting out. These are the exclusive and reasonable methods of opting out. Verbal requests or alternate text responses will not be considered valid opt-out methods.
Duty to Notify and Indemnify
If you change, transfer, or discontinue the mobile number used to enroll in the Program, you agree to complete the opt-out process prior to relinquishing the number.
Failure to do so may result in liability for any claims arising from reassignment of your number. You agree to indemnify, defend, and hold harmless The Boat Shops from any claims, damages, or liabilities resulting from your failure to notify us of a number change, including claims under the Telephone Consumer Protection Act (47 U.S.C. § 227) or similar laws.
This obligation survives termination of participation in the Program.
Program Description
Participants can expect to receive recurring messages related to:
- Boat sales and new inventory
• Pre-owned inventory updates
• Service promotions and seasonal maintenance
• Storage and winterization reminders
• Event invitations
• Financing opportunities
• Special dealership offers
Cost and Frequency
Message and data rates may apply. Message frequency will vary but typically will not exceed four (4) messages per month, unless triggered by customer interaction or service-related communications.
Support Instructions
For assistance, reply HELP to any message received from The Boat Shops or contact us at:
ben@theboatshops.com
Email communication is not a valid method for opting out. Opt-out requests must follow the procedure outlined above.
MMS Disclosure
If your device does not support MMS messaging, messages will be delivered as SMS text messages.
Disclaimer of Warranty
The Program is provided on an “as-is” basis. Delivery of messages is subject to effective transmission by your wireless carrier and may be impacted by carrier limitations, software updates, or service disruptions. The Boat Shops is not liable for delayed or undelivered messages.
Participant Requirements
You must:
- Own a wireless device capable of two-way messaging
• Be subscribed to a participating wireless carrier
• Have active text messaging service
Not all carriers support all services.
Age Restriction
You may not participate in the Program if you are under thirteen (13) years of age.
If you are between thirteen (13) and eighteen (18), you must have parental or legal guardian permission.
By participating, you represent that you meet these age requirements and are legally permitted to engage with the Program under applicable law.
Prohibited Content
You agree not to transmit any content that includes:
- Fraudulent, defamatory, harassing, or threatening material
• Obscene, discriminatory, or hateful content
• Malicious software or harmful code
• Unlawful products, services, or promotions
• Protected health information under HIPAA
• Any content prohibited by applicable law
Dispute Resolution
Any dispute arising out of or relating to this Agreement or the Program shall be resolved exclusively through binding arbitration.
Arbitration will be conducted before a single arbitrator in the state where The Boat Shops maintains its principal place of business, pursuant to the Commercial Arbitration Rules of the American Arbitration Association then in effect.
The arbitrator’s decision shall be final and binding. The parties agree to arbitrate on an individual basis only. Class actions, representative proceedings, and class arbitrations are not permitted.
Each party shall bear its own costs unless otherwise awarded by the arbitrator pursuant to applicable law. Punitive damages are waived to the fullest extent permitted by law.
This arbitration provision survives termination of the Program.
Miscellaneous
You represent that you have the authority to enter into this Agreement. If any provision is deemed invalid, the remaining provisions shall remain in full force and effect.
The Boat Shops reserves the right to modify this Agreement at any time. Continued participation in the Program constitutes acceptance of any updates.
SMS MESSAGING TERMS AND CONDITIONS
By opting in, you agree to receive informational messages from The Boat Shops, including appointment reminders, service updates, review requests, order notifications, and account-related communications.
Message Frequency: Message frequency varies.
Rates: Standard message and data rates may apply.
Opt-Out: Text STOP to end messaging at any time.
Support: For assistance, reply HELP or contact us at ben@theboatshops.com
Disclaimer: Wireless carriers, including T-Mobile, are not liable for delayed or undelivered messages.