dpHUE Mobile Message Service Terms and Conditions

Last updated: May 9, 2022

The dpHUE mobile message service (the "Service") is operated by DMP COLOR, LLC dba dpHUE (“dpHUE”, “we”, or “us”), located at 4405 France Ave. S, Minneapolis, Minnesota 55410. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

These Terms include an agreement to be bound to certain dispute resolution procedures, which will govern any dispute between you and us. Unless you opt out as described in our dpHUE Terms of Use and referenced below, these dispute resolution procedures will:

• Eliminate your right to a trial by jury; and
• Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You also agree to our dpHUE Terms of Use and dpHUE Privacy Policy when you use the Service.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides transactions-related information, including updates about your orders or accounts, and other account alerts; and promotional messages, including promotions, product launches, special events, discounts, specials, and other marketing offers (e.g., cart reminders and replenishment reminders) from dpHUE via text messages through your wireless provider to the mobile number you provided. Message frequency varies.

Data obtained from you in connection with any text message services may include your cell phone number, your provider’s name and the date, time and content of your text messages.

Cancellation: Text the single keyword command STOP, END, CANCEL, UNSUBSCRIBE or QUIT to 20672 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you unsubscribe from one of our mobile message programs, you may continue to receive messages from dpHUE through any other program you have joined until you separately unsubscribe from those programs.

Help: For Service support or assistance, text HELP to 20672 or email info@dphue.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The mobile carriers supported by the Service and dpHUE are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages. If you change or deactivate the mobile number you provided, you have an affirmative obligation to update us about that change and the mobile number(s) associated with you to prevent us from inadvertently communicating with anyone who acquires any mobile number(s) previously attributed to you, and any new phone number(s) you provide us may receive our standard marketing text messages unless you also unsubscribe via the above procedures.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 Participant Requirements: You must have a wireless device of your own capable of 2-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with Messaging service. Not all cellular phone providers carry the necessary service to participate.

 Messages are currently supported on all major U.S. mobile carriers including but not limited to Verizon Wireless, AT&T, and T-Mobile. We may add or remove any wireless carrier from this program without notice. Mobile access and text message delivery is subject to your mobile carrier’s network availability. Such access and delivery is not guaranteed.

Dispute Resolution: You agree to resolve any disputes related to your use of the Service or these Mobile Terms in accordance with the dispute resolution terms included in the dpHUE Terms of Use, under which you agree to binding arbitration as the exclusive remedy under these Mobile Terms and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO, to the extent permissible by applicable law.