SMS/MMS AND WHATSAPP MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

RSO SRLS (hereinafter, "We", "Us", "Our") offers a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging and/or WhatsApp Terms and Conditions and Privacy Policy (the "Agreement"). By enrolling in or participating in any of our Programs, you agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify any other Terms and Conditions or the Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Option: The Program allows Users to receive SMS/MMS or WhatsApp mobile messages by affirmatively opting in to the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you use to opt-in to the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages to the phone number associated with your opt-in and you understand that consent is not required to make purchases from us. Although you consent to receiving messages sent using an autodialer, the foregoing should not be construed to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply “UNSUBSCRIBE” to any mobile message from us to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the above options are the only reasonable methods to opt-out. You acknowledge that our text messaging platform may not recognize and respond to unsubscribe requests that alter, modify, or change the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands, such as using different spellings or adding other words or phrases to the command, and agree that RSO SRLS and its service providers will have no liability for your failure to comply with such requests. You further understand and agree that any other method of opting out, including, without limitation, sending text messages other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means to opt-out.
3. Program Description: Without limiting the scope of the Program, users who opt-in to the Program can expect to receive messages related to marketing, promotion, payment, delivery and sales of RSO SRLS goods/services offerings. Messages may include payment reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly and monthly message frequencies vary. The Program provides for recurring mobile messages and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For assistance with the Program, please text “HELP” to the number you received messages from or email rso@rsoitalia.it. Please note that using this email address is not an acceptable method of opting out of the Program. Cancellations must be made as described above.
6. MMS Disclosure: The Program will send SMS TM (termination messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer: The Program is offered "as is" and may not always be available in all areas and may not continue to function in the event of product, software, coverage or other changes made by your wireless carrier. We will not be responsible for any delays or failures in receiving mobile messages in connection with this Program. Delivery of mobile messages is subject to actual transmission from your wireless service provider/network operator and is beyond our control. Carriers are not responsible for delayed or undelivered mobile messages.
8. Participant Requirements: You must have your own wireless device capable of two-way texting, use a participating wireless carrier, and be a wireless subscriber with text messaging service. Not all cell phone providers offer the service required to participate. Check your phone's capabilities for specific text messaging instructions.
9. Age Restrictions: You may not use or interact with the Platform if you are under thirteen (13) years of age. If you use or interact with the Platform and are between the ages of thirteen (13) and eighteen (18), you must have your parent's or legal guardian's permission to do so. By using or interacting with the Platform, you acknowledge and agree that you are not under the age of thirteen (13), are between the ages of thirteen (13) and eighteen (18) and have your parent's or legal guardian's permission to use or interact with the Platform, or are the age of majority in your jurisdiction. By using or interacting with the Platform, you further acknowledge and agree that you are permitted by Applicable Law in your jurisdiction to use and/or interact with the Platform.
10. Prohibited Content: You acknowledge and agree that you will not submit any prohibited content on the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing or stalking activity; - Objectionable content, including vulgarity, obscenity, lewdness, violence, bigotry, hatred and discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; - Pirated computer programs, viruses, worms, Trojan horses or other malicious code; - Any unlawful products, services or promotions if such products, services or promotions are received; - Any content that involves and/or references personal health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event of any controversy, claim or controversy between you and Us or any third-party service provider acting on Our behalf to transmit mobile messages under the Program, arising out of or relating to legal claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such controversy, claim or controversy shall, to the fullest extent permitted by law, be determined by arbitration in Catania. The parties agree to submit the dispute to binding arbitration in accordance with the Rules of the State of Italy. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY THROUGH ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED REPRESENTATIVE OR CLASS ARBITRATION PROCEEDING. Further, unless both parties otherwise agree in writing, 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. Except as required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than arbitration, the parties hereby waive the right to a jury trial. This arbitration provision will survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power and authority to enter into these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise or enforce any right provided hereunder will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, modifications, updates or enhancements to the Program shall be subject to this Agreement unless otherwise specified in writing. We reserve the right to modify this Agreement from time to time. Any updates to this Agreement will be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and be aware of such modifications. By continuing to participate in the Program after such changes, you agree to this Agreement, as modified.