MESSAGING SERVICES TERMS
AND CONDITIONS
Kings Credit Services offers
Messaging Services that allows you to receive reminders for scheduled payments
on valid accounts via Text Message or Email. Please review the following terms
and conditions below for full details.
1. Acceptance of Terms and Conditions - By opting in for Messaging Services, you, the User,
agree to the Kings Credit Services (Herein referred to as KCS), MESSAGING
SERVICES TERMS AND CONDITIONS. You also agree to the following as it pertains
to specific usage of Messaging Services.
2. Cost of Messaging Services - KCS Messaging Services is provided free of charge
under these Terms of Use. BY CHECKING THE "I AGREE" BUTTON, YOU ARE
INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
3. Usage - You
acknowledge that text messages are distributed via third-party mobile network
providers and therefore KCS cannot control certain factors relating to message
delivery. You acknowledge that, depending on the recipient's mobile provider
service, it may not be possible to transmit the text message to the recipient
successfully. KCS does not claim or guarantee availability or performance of
this service, including liability for transmission delays or message failures.
You also acknowledge that email messages are distributed via third-party
vendors network providers and therefore KCS cannot control certain factors
relating to email message delivery. You acknowledge that, depending on the
recipient's email service provider, it may not be possible to transmit the
email message to the recipient successfully. KCS does not claim or guarantee
availability or performance of this service, including liability for
transmission delays or message failures.
4. Carriers used for Messaging Services - This service will send you reminders for payments
that are promised by you for valid debts at KCS. Text Messaging Services are
supported by the following carriers: AT&T, U.S. Cellular, Verizon Wireless,
Sprint, Cricket, Boost, Virgin Mobile USA and T-Mobile. Standard messaging and
data rates may apply.
5. Opt-Out - You
may Opt-Out of either the Text or Email Messaging Services by going to the KCS
website at www.kingscredit.com and selecting the appropriate check box(es).
6. Opt-In -
You may Opt-In of either the Text or Email Messaging Services by going on the
KCS website at www.kingscredit.com and selecting the appropriate check box(es).
7. Fees - KCS
does not charge a fee for Messaging Services. While we do not charge for this
service, we are not responsible for any charges from a person's service
provider that may result from our providing this service. It is the user's
responsibility to check with their email service provider and/or individual
carrier, as standard messaging and data rates may apply. KCS assumes no
responsibility for charges incurred by Opting-In for Messaging Services. Any
fees that you incur will be billed on your individual mobile or email provider
bill.
8. Modifications of these Terms and Conditions - KCS may modify these Terms and Conditions from time to
time in their sole discretion. Continued use of the KCS Messaging Services will
be conditioned upon each User's affirmative acceptance of any such changes.KCS
may modify or discontinue these Services with or without notice, without
liability to any User or any third party.
9. Disclaimer
of Warranties - USER EXPRESSLY AGREES
THAT USE OF MESSAGING SERVICES IS AT USER'S SOLE RISK AND IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. KCS EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. KCS DOES NOT MAKE ANY WARRANTY THAT MESSAGING SERVICES WILL
MEET USER'S REQUIREMENTS, OR THAT KCS MESSAGING SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES KCS MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF MESSAGING SERVICES OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION DISSEMINATED THROUGH MESSAGING SERVICES. USER
UNDERSTANDS AND AGREES THAT ANY MESSAGES RECEIVED THROUGH THE USE OF MESSAGING
SERVICES IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM KCS OR THROUGH MESSAGING
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. Limitation of Liability - KCS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE MESSAGING SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF KCS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Email Message Storage - KCS does not assumes any responsibility for the
deletion or failure to store email messages.
12. Indemnification - User agrees to indemnify and hold each of KCS, their parent company,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of User's use of Messaging Services, the violation of these Terms
and Conditions by User, or the infringement by User of any intellectual
property or other right of any person or entity.
13. Applicable Law -
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of California, without giving effect to its conflict of laws
provisions. Jurisdiction for litigation of any dispute, controversy or claim
arising out of or in connection with this Agreement, shall be only in a federal
or state court having subject matter jurisdiction located in Kings County,
California.
ADDITIONAL INFORMATION:
The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8:00 AM, or after 9:00 PM. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or http://www.ftc.gov. Nonprofit credit counseling services may be available in the area. As required by California law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. I attest that I have an account with KCS and I authorize KCS to Contact me or notify me by text message, Email or Voice Mail with information regarding my account. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.
