The Miami Herald mobile message service (the "Service") offered through McClatchy Shared Services, LLC ("McClatchy", "we", or "us"). By providing your phone number, you are subscribing and consenting to the Services and agreeing to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. 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.
By consenting to the Service, you agree to receive recurring SMS/text messages ("text messages") from and on behalf of McClatchy through your wireless provider to the mobile number you provided. You agree to receive text messages even if you have registered or in the future register your phone number with any federal or state do-not-call list and that your agreement to receive text messages overrides any such registration. You agree to receive text messages sent using an automatic telephone dialing system or other automated technology. Text messages may include updates, alerts, and information (e.g., subscription notifications, expiration reminders, renewal confirmations, new feature notices with subscriptions, etc.). You certify that you are the wireless account holder associated with the phone number to which text messages will be transmitted and consent to subscribe to the Service or have the account holder’s consent to subscribe. You certify that you are 18 or older.
You understand that you are not required to subscribe to the Service in order to make any purchases, and your consent is not a condition of any purchase with McClatchy. Your participation in this program is completely voluntary.
Originator opt-in data and consent will not be shared by McClatchy with any third parties other than Braze and other McClatchy service providers, except as required by law or in order to demonstrate compliance with law.
We do not charge you for the Service, but you are solely responsible for all charges and fees associated with text messaging, including those imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details.
You may opt out of the Service by following the instructions provided here. You may text the single keyword command STOP to 82631 for the Miami Herald News Alerts channel. You may receive a one-time opt-out confirmation text message. If you have subscribed to other McClatchy mobile message programs and wish to opt out, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in the mobile terms associated with those programs.
For Service support, text HELP to 82631 for the Miami Herald News Alerts channel, or email customerservice@mcclatchy.com.
We may change any short code or telephone number we use to operate the Service at any time. 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 wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
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.
You agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to these Terms of Service, IdahoStatesman.com, any subscription to Miami Herald or IdahoStatesman.com or any other aspect of our relationship ("Subject Legal Claim").
In an attempt to find the quickest and most efficient resolution of our issues, you and Miami Herald agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by email to us at: customerservice@mcclatchy.com. If we should need to discuss an issue with you, we will contact you using the email or mailing address on your account.
If we do not reach an agreed upon solution after our discussions for at least 30 days, you and Miami Herald agree that any Subject Legal Claim that either of us may have must be resolved through binding individual arbitration before the American Arbitration Association using its Consumer Arbitration Rules. There are two limited exceptions to this Dispute Resolution and Arbitration provision: (i) either party may pursue in small claims court any action that is within that jurisdiction, as long as the case proceeds on an individual basis only; (ii) either party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.
To help resolve any issues between us promptly and directly, you agree to begin any arbitration within one year after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived. You and Miami Herald also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis. All arbitration hearings will be held in Sacramento, California. The parties agree that this Dispute Resolution and Arbitration provision is subject to, and will be governed and enforced under, the Federal Arbitration Act.
You may download a form Notice to initiate arbitration at www.adr.org. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against Miami Herald in addition to accepting whatever responsibility is ordered by the arbitrator, we think it's fair that Miami Herald reimburse your reasonable attorneys' fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in Miami Herald's favor, it will not seek reimbursement of our attorney’s fees, regardless of who initiated the arbitration.
To see how we collect and use your personal information, please see our Privacy Notice.