Text Terms and Conditions
The terms of the Platform Agreement (together with any Order Forms, exhibits, schedules or addenda thereto, the “Platform Agreement”), by and between Wunderkind and your employer or the entity for which you are acting as an agent or representative of (the “United By Blue”), remain in effect. Text is a Platform, as defined in the Platform Agreement, and the Content constitutes Services, as defined in the Platform Agreement. In the event of any conflict or inconsistencies between the Platform Agreement and these Terms, the Platform Agreement shall control unless expressly stated otherwise in these Terms. All capitalized terms used herein but not otherwise defined will have the meanings ascribed to them in the Platform Agreement.
Wunderkind reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms and/or the Policies. It is your responsibility to check these Terms and the Policies periodically for changes. Wunderkind will post a current copy of these Terms at www.wunderkind.co/terms/Text/. Your continued use of Text following the posting of any changes will mean that you accept and agree to such changes. As long as you comply with these Terms, Wunderkind grants you a personal, non-exclusive, non-transferable, limited license to access and use Text and the Content, subject to the terms and conditions below and in the Platform Agreement.
You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages. To the extent you voluntarily opt to have Text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages.For more information about text messages, see our Terms and Conditions.
Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN EITHER THE AGREEMENT OR ANY ORDER FORMS (AS DEFINED IN THE AGREEMENT), Wunderkind’S CUMULATIVE LIABILITY FOR DAMAGES, IF ANY, FOR ALL CLAIMS OF ANY KIND ARISING IN CONNECTION WITH COMPLAINTS OF PERFORMANCE, BREACH OF THIS ORDER FORM, UNITED BY BLUE’S USE OF THE Text PLATFORM OR THE DELIVERY OF THE MESSAGES IS LIMITED TO $1,000. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL Wunderkind OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF WORK PRODUCT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, WHETHER IN TORT, CONTRACT, OR OTHERWISE. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL REMAIN FULLY EFFECTIVE EVEN IF THE REMEDIES AVAILABLE TO A PARTY FAIL OF THEIR ESSENTIAL PURPOSE OR ARE OTHERWISE HELD TO BE UNENFORCEABLE.