SMS Terms & Conditions

Seminole Hard Rock Support Services, LLC d/b/a HR Unity Global Services, 5701 Stirling Road, Davie, Florida 33314, United States of America (“Hard Rock”, “we”, “us”, or “our”) may from time to time make available to its customers, through third-party mobile providers, certain text messaging services in connection with the Unity by Hard Rock loyalty program, also known as Unity (collectively, the “Services”). Such Services may include, without limitation: (a) special marketing offers available by text, (b) text-to-enter sweepstakes or contests, or (c) text message services for customer questions or requests.

In order to receive the Services You are required to subscribe to the subscription program (“Subscription Program”) as described below and the Services provided will be governed by these SMS Terms and Conditions (“Terms”).

IMPORTANT: PLEASE CAREFULLY READ THE TERMS BEFORE USING ANY SERVICES. BY YOUR USE OF THE SERVICES, YOU REPRESENT AND WARRANT THAT: (A) YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO CONSENT TO THESE TERMS IN THEIR ENTIRETY, (B) YOU HAVE READ, UNDERSTAND AND AGREE TO ALL OF THESE TERMS, AND (C) YOU ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AND ARE NOT EXCLUDED FROM GAMING FACILITIES EITHER THROUGH A GOVERNMENT PROGRAM OR YOUR OWN REQUEST. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

Only legal residents of the 50 United States (including the District of Columbia) may use the Services.

SUBSCRIPTION PROGRAM

When you opt-in to the Subscription Program by responding “YES” to a text message subscription service, we will send you a message to confirm your signup. Subscription Programs are intended to engage our text savvy audience by providing them with money saving discounts on food, beverage, entertainment and retail. Subscription Programs will typically run for about three (3) consecutive days (but may last longer) and the number of offers and messages will usually not exceed three (3) per day (but can be more). Hard Rock may also send a reasonable number of confirmations and other transactional messages related to you Unity account. By opting in to a Subscription Program, you may receive recurring, automated marketing messages from Hard Rock via short code at the number you provide at the time of your enrollment in Unity. Text "HELP" for help. Text "STOP" to cancel. Message and data rates may apply. Your opt-in consent is not required for the purchase of any goods or services from Hard Rock. If you change your mind and no longer want to receive offers from Hard Rock, you can “opt-out” by either:

 (1) sending a text message with the words “STOP” to the applicable short code for the Subscription Program (or any other short code that may be used in the future); or

 (2) replying “STOP” to any text message you may receive in connection with the Subscription Program.

When you opt-out from any Subscription Program, you may be opted out from all Subscription Programs offered via the applicable short code or you may be presented with options to specifically identify your choices for opting-out. Please allow a reasonable time period to process your request.

If you want to join again, just sign up as you did the first time and we will start sending messages to you again.

If at any time you forget what keywords are supported, just text "HELP" to the applicable short code for the Subscription Program. After you send the message "HELP" to us, we will respond with instructions on how to use our Subscription Program as well as how to unsubscribe.

PARTICIPATING CARRIERS

AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

T-Mobile is not liable for delayed or undelivered messages.

SERVICES TERMS

Services offered through the Subscription Program may be subject to additional terms, conditions and restrictions communicated to you from time to time by text or email.

CHARGES

You are solely responsible for acquiring any hardware, software, wireless and Internet access, or other items required for you to use the Services, and any associated fees, charges and expenses. For example, you may be required to obtain at your own cost a compatible mobile device, a wireless plan from a supported carrier with text message support and a valid email address. Message and data rates may apply. See your wireless provider for pricing plan details.

ENROLLMENT

In order to receive certain Services, you may be required to provide true, accurate and complete information about yourself as prompted by an enrollment form or the messages you receive via text during the opt-in to the Subscription Program process. You acknowledge and agree that Hard Rock will have no liability associated with or arising from your failure to provide accurate enrollment information, including, without limitation, your failure to receive offers and important information and updates about the Services. If Hard Rock has reasonable grounds to suspect that the information you provided on an enrollment form or during the opt-in to the Subscription Program process is untrue, inaccurate or incomplete, Hard Rock may suspend or terminate your use of the Services.

MODIFICATION OF THE TERMS; TERMINATION

If you do not agree with any of these Terms, you must not use the Services. Hard Rock reserves the right, in its sole discretion, to modify, update, supplement, terminate these Terms at any time with or without further notice to you. You can always find the most recent version of these Terms at www.unitybyhardrock.com/sms-terms-and-conditions. Hard Rock may change these Terms by posting a new version at www.unitybyhardrock.com/mobile/sms, without specific notice to you, so please continue to review these Terms from time to time. To the fullest extent permitted under applicable law, your continued use of the Services after any such modification constitutes your acceptance of these Terms as modified. If you register for or use additional features, channels of communication or platforms available as a part of the Services or avail yourself of offers available through the Services, additional terms and conditions, rules, policies and disclaimers may apply. Hard Rock may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Services, temporarily or permanently, including the availability of any features of the Services, at any time with or without notice to you. You agree that Hard Rock shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

PRIVACY

The Services are provided by Hard Rock. When you enroll you are providing certain personal information to Hard Rock for the purpose of completing the enrollment. We will collect, process, store and share your personal information in connection with the Subscription Program in accordance with Hard Rock privacy policy which is available at www.unitybyhardrock.com/privacy-policy (“Privacy Policy”). By opting in to the Subscription Program, you acknowledge that you have carefully read the Privacy Policy and that your personal information will be collected, processed, stored and shared in accordance with such Privacy Policy.

PROPRIETARY RIGHTS

All ownership rights and title in and to the Services, including all Content included in text messages (“Content”) therein, are owned by Hard Rock or its licensors and are protected under applicable copyrights, trademarks and other proprietary, including, without limitation, any intellectual property rights and international treaties (collectively, "Intellectual Property Rights"). Unless and except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way the Services, or any portion therein, including, without limitation, any Content, without the prior written permission of Hard Rock. All rights not expressly granted to you through these Terms are retained by Hard Rock and its licensors. Nothing in these Terms grants to you any right to use any of Hard Rock or any other third party's trademarks, service marks, logos, domain names or other indicia of origin.

USER CONDUCT

You agree that you will comply with all applicable local, state, national and international laws, regulations and other legal requirements that relate to your use of the Services. In addition, by using the Services, you agree, without limitation:

            (1) not to use the Services in breach of these Terms;

            (2) not to disrupt or interfere with the security of, or otherwise abuse, the Services, or any part of the Services;

            (3) not to attempt to obtain unauthorized access to the Services or portions of the Services that are restricted from general access;

            (4) not to use the Services in any manner that could be deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or in violation of any third party rights; and

            (5) to comply with any other requirements, restrictions or limitations imposed by Hard Rock from time to time.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

THE SERVICES, IN WHOLE AND IN PART, INCLUDING, WITHOUT LIMITATION, THE MOBILE PLATFORM UTILIZED BY THE SERVICES, ARE PROVIDED ON AN "AS IS" AND " AS AVAILABLE" BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE RESULTS AND PERFORMANCE THEREOF. IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL HARD ROCK AND THEIR SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS, VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, THE "HARD ROCK PARTIES") BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH THE SERVICES AND/OR THESE TERMS, EVEN IF A HARD ROCK PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE HARD ROCK PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY MESSAGES OR THE CONTENT OF ANY MESSAGES PROVIDED TO YOU; (C) ANY GOODS, SERVICES OR INFORMATION PURCHASED, RECEIVED, SOLD OR PAID FOR IN CONNECTION WITH THE SERVICES; (D) DISPUTES BETWEEN YOU AND ANY MERCHANT; (E) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN ANY INFORMATION PROVIDED THROUGH THE SERVICES; (F) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH THE SERVICES; (G) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM  OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (H) ANY OTHER USE BY YOU OF THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY OF THE HARD ROCK PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIRD PARTY WEBSITES, CONTENT AND RESOURCES

The Services may permit you to link to or access direct connections to third party websites, content and resources, including, without limitation, Social Media. You acknowledge that Hard Rock has no control over any such third party websites, content or resources, which are made available by companies or persons other than Hard Rock. You acknowledge and agree that Hard Rock is not responsible for the availability of any such third party websites, content or resources including how those third-parties may collect and process your personal information for which such third-parties privacy policy shall apply. You further acknowledge that Hard Rock is not liable to you for any loss or damage which may be incurred by you as a result of these third party websites, content or resources, including, without limitation, losses or damages suffered in connection with any purchases made using the Services.

GENERAL TERMS

Notices. You agree that Hard Rock may provide you with notices and other disclosures in connection with the Services by mail, email, posting on the Website, other forms of electronic communication or other reasonable means of communication. All electronic communications from us to you shall be deemed to be communications "in writing" and deemed delivered to you no later than the earlier of the date actually received or 5 days from the date of posting or dissemination. For communications that we are otherwise required under applicable law to provide in a written paper format to you, you agree that we may provide such communications or records by means of electronic communications.

Waiver. Our failure to exercise or enforce any provision or right contained in these Terms shall not be deemed a waiver of such provision or right.

Entire Agreement. With respect to your use of any specific Services, these Terms (including the Privacy Policy incorporated into these Terms by reference) and any additional terms, conditions and restrictions communicated to you about such Services constitute the entire agreement between Hard Rock and you.

Indemnification. To the greatest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Hard Rock Parties from any loss, liability, claim, or demand, including, without limitation, costs and reasonable attorneys' fees, due to, in connection with or arising out of your use of the Services or arising from your breach of these Terms, including any representation or warranty set forth herein, your violation of applicable laws, or your violation of any rights of another person or entity.

Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Disputes. To the fullest extent permitted by law, you agree that: (a) any and all disputes, claims and causes of action arising out of or in connection with these Terms or the Services will be governed by and construed under the laws of the State of Florida, excluding only its conflict of law provisions; (b) any and all disputes, claims and causes of action arising out of or in connection with these Terms or the Services shall be resolved individually, without resort to any form of class action, exclusively within the federal and state courts of Broward County, Florida, and you waive any jurisdictional venue or inconvenient forum objections to such courts, as well as any and all right to trial by jury in any legal proceeding arising out of the Services; (c) any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your use of the Services, but in no event will attorneys' fees be due or payable; and (d) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

Assignment. You may not assign these Terms, by operation of law or otherwise, without Hard Rock prior written consent. Hard Rock reserves the right to freely assign these Terms, and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns.

Contact Information. For questions related to the Services or any specific offers and promotions, please call Hard Rock customer service at 954 377 5234 or submit a question at https://www.unitybyhardrock.com/help