TERMS OF SERVICE
SMS Messaging Compliance & General Website Terms
Part I: SMS Messaging Terms & Compliance
1. Program Description BK Media LLC and Respective Client ("COMPANY," "we," or "us") operates an SMS mobile alert and notification program. This program sends appointment confirmations, scheduling reminders, rescheduling updates, operational alerts, and customer support communications to customers who have booked an appointment through our website at bkmediasolutions.com, via our scheduling forms, or otherwise explicitly requested to receive SMS notifications.
2. Express Consent & Opt-In By providing your phone number and opting in via our dedicated web checkboxes or scheduling forms, you provide your express written consent to receive recurring automated interactive text messages from us. Consent to receive automated text messages is not a condition of purchasing any goods or services.
3. Cancellation & Opt-Out Instructions You can cancel the SMS service at any time. Text "STOP" to the number from which you received the messages. Upon sending "STOP," we will send you one final SMS message to confirm that you have been unsubscribed. Following this confirmation text, you will no longer receive SMS messages from us unless you explicitly opt back in. If you want to rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
4. Support & Help Information If you experience issues with the messaging program, reply to any message with the keyword "HELP" for more assistance, or reach out directly to our support team at [email protected] or call 502-594-7250.
5. Message & Data Rates Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies based on your service usage, interaction level, and appointment schedule. For questions about your text or data plan, please contact your wireless provider.
6. Limitation of Liability & Supported Carriers The SMS program is available on all major U.S. wireless carriers. Neither BK Media LLC and Respective Client nor the wireless mobile carriers are liable for delayed, misdirected, or undelivered messages.
7. Age Restriction By opting into our SMS program, you represent and warrant that you are 18 years of age or older and have the legal authority to consent to receive text messages at the phone number provided. BK Media LLC and Respective Client —
8. Privacy Policy We value your privacy. All data collected through our SMS program is handled strictly in accordance with our Privacy Policy, which you can view at: bkmediasolutions.com/privacy-policy. Text messaging originator data and consent will not be shared with or sold to third parties for marketing purposes.
Part II: General Website Terms
1. Acceptance of Terms This website (the "Site") is owned and operated by BK Media LLC and Respective Client. By accessing or using the Site, you agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms and conditions that apply to specific sections of the Site. Accessing the Site in any manner, whether automated or otherwise, constitutes binding acceptance of these Terms.
2. Changes to Terms of Service We reserve the right to modify these Terms of Service at any time. If we make material changes, we will notify you by posting the updated terms on the Site and updating the Effective Date. For significant updates, we may also provide a prominent notice on our website homepage or contact you via your registered email. Your continued use of the Site following such modifications constitutes your acceptance of the revised Terms.
3. Intellectual Property Rights • • Our Limited License to You: This Site and all materials available on it are the property of BK Media LLC and Respective Client and/or our affiliates or licensors, protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, non-commercial use. You may download or print one copy of individual pages for personal use, provided you keep all copyright and proprietary notices intact. You may not otherwise copy, modify, distribute, or exploit any site materials without our prior written consent. Your License to Us: By posting or submitting any material (including comments, blog entries, social media interactions, photos, and videos) to us via the Site or connected digital venues, you represent that you own the material or have obtained necessary permissions. You grant us a royalty-free, perpetual, irrevocable, non exclusive, worldwide license to use, modify, distribute, and publicly display such material in connection with our business operations.
4. Disclaimers & Limitation of Liability The information, products, and services offered on or through the Site are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall BK Media LLC and Respective Client or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of, or the inability to use, the Site or our messaging programs.
5. Indemnification You agree to indemnify, defend, and hold harmless BK Media LLC and Respective Client, its affiliates, and their respective officers, directors, agents, and employees from and against any and all claims, liabilities, damages, BK Media LLC and Respective Client — Compliance Documentation Page 2 of 4 losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms of Service or your misuse of the Site or SMS services.
6. Third-Party Vendor Relations Certain sections of the Site may link to or allow you to purchase products and services from third-party vendors. We are not responsible for the quality, accuracy, timeliness, or reliability of these third-party products or services. Any dealings, purchases, or shared information with third parties are solely between you and the respective third-party vendor.
7. Registration & Account Security To access certain features, you may be required to register and create an account. You agree to provide accurate, current, and complete information. You are entirely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at [email protected] if you suspect unauthorized use of your account.
8. Termination We reserve the right to terminate or suspend your access to the Site or SMS program, without notice, for conduct that we believe violates these Terms of Service, is harmful to other users or our business interests, or violates applicable local, state, or federal laws.
9. Dispute Resolution: Binding Arbitration & Class Action Waiver PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. • • Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Privacy Policy, your use of the Site, or our SMS messaging program shall be resolved exclusively through final and binding arbitration in the jurisdiction where BK Media LLC and Respective Client operates, rather than in a court of law. The arbitration shall be administered by a recognized national arbitration provider (such as AAA or JAMS) under its commercial arbitration rules. Class Action Waiver: YOU AND BK Media LLC and Respective Client AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
10. Governing Law These Terms of Service shall be governed by, interpreted, and construed in accordance with the laws of the State in which BK Media LLC and Respective Client is registered, without regard to conflict of law principles. Contact Information For any questions or concerns regarding these Terms of Service or our SMS practices, please contact us at: BK Media LLC and Respective Client —
BK Media LLC
502-594-7250
bkmediasolutions.com