BASF Agricultural SMS/Text Messaging Terms and Conditions
BASF Corporation – Agricultural Solutions
Last Updated: June 10, 2020
Please read these Terms and Conditions carefully. When you provide us with your mobile phone number and your express consent (which may be by “checking the box” on a web page or completing an electronic or paper form), you agree that BASF Corporation (“BASF”, “us”, or “we”) may send you recurring or one-time commercial text messages (including SMS and MMS) and/or phone calls to that phone number for marketing or non-marketing purposes (the “Services”). Text messages can only be sent to mobile phones. Once you sign up for the Services, you may receive a confirmation text message which may require you to reply as instructed to complete registration. Text and calls may be sent through an Automated Telephone Dialing System (ATDS), and calls may use an artificial or prerecorded voice. Providing your consent to receive the Services is not a condition for purchase of any goods or services from BASF, and you may opt-out of these communications at any time.
You also agree and accept to be bound by these Terms and Conditions and our Privacy Policy [https://www.basf.com/us/en/legal/data-protection.html]. Your use of the Services constitutes your acceptance of the terms and conditions of our Privacy Policy. If you do not agree to our use of your information as described in our Privacy Policy, you must immediately opt-out of the Services by replying STOP to any text message you have received under the Services. You must individually opt-out of each campaign for which you opted-in.
Description of Services
Subject to your compliance with these Terms and Conditions, BASF will provide the Services to you after you have voluntarily opted in to one or more BASF campaigns. The Services are intended to provide you with promotional and informational alerts about BASF agricultural and/or pest control products, services, and promotions. You may receive one or more welcome messages or administrative messages, such as a request to confirm your opt in.
Occasionally, BASF may send text messages with multimedia content (videos, animations, pictures, audio, or interactive content). By opting-in to the Services, you expressly consent to receiving multimedia content.
Availability of Services
You understand and acknowledge that the Services are provided on an “as-is” basis and are not guaranteed. Delivery of text messages to your mobile device may fail for a variety of reasons that are outside of BASF’s control, such as issues with mobile network services. BASF is not responsible nor liable for any failure of the Services.
Eligibility
We do not knowingly seek to provide the Services to children under the age of 18. If you are under 18, please do not sign up for the Services.
If you are the parent or legal guardian of a child under the age of 18 who has opted-in to the Services without your consent, you can stop the Services by replying STOP to any text message provided under the Services, or contacting us through this website: https://agriculture.basf.us/crop-protection/contact-us.html.
The Services are available only to residents of the United States. You acknowledge and agree that you may not attempt to access the Services in any way from outside the United States.
Mobile Account Holder
You represent that you are the account holder of the mobile phone number you provide when you sign up for the Services. If you are not the account holder, you represent that you have obtained the permission of the account holder to obtain the Services and enter into these Terms and Conditions.
You agree to notify us of any change to your mobile number by replying HELP for each campaign for which you have opted-in or contacting us through this website: https://agriculture.basf.us/crop-protection/contact-us.html. Additionally, the carriers provide files for phone numbers that have been deactivated from their network or been ported from one carrier to another. When this occurs, BASF will proactively opt-out deactivated numbers from our subscription list. You agree to indemnify BASF for all claims, damages, and expenses resulting from or related to your failure to notify us of a change in your mobile number, including any claims arising under the Telephone Consumer Protection Act.
Message Frequency
The frequency and number of text messages you receive related to a specific BASF campaign will be disclosed at the time of enrollment. The overall frequency and number of Services will vary depending on the number of campaigns for which you opt-in.
Cost
The Services are provided free of charge. However, you carrier’s message and data rates may apply and you are responsible for any such fees related to your use of the Services.
How To Opt-In
After you provide us with your mobile phone number and express consent, you will receive an opt-in text message confirming that you wish to enroll in the Services. You must reply YES to complete the opt-in process.
How To Opt-Out
To stop receiving text messages from any BASF campaign, simply reply STOP to any text message you received under that campaign. You expressly agree to receive one additional text message confirming your opt-out request. You must individually opt-out of each campaign for which you opted-in.
Supported Carriers
While our list of supported carriers may change from time to time, we are currently able to deliver text messages to the following carriers: AT&T Mobility, Verizon Wireless, Sprint Corporation, T-Mobile, Metro PCS, US Cellular, Virgin Mobile, Google Voice, Claro Puerto Rico, Boost, Associated Carrier Group, Interop (Tier 2/2) Carrier Group, ClearSky Rural Carrier Group, and Peerless Network.
Support/Help
To receive support or receive help concerning the Services, reply HELP to any text message you have received under the Services or contact us through this website: https://agriculture.basf.us/crop-protection/contact-us.html.
Terminating of Text Messaging
BASF may suspend or terminate your use of the Services if we believe you are in breach of these Terms and Conditions. We may also suspend your use of the Services in the event that your mobile phone service terminates or lapses. BASF reserves the right to discontinue or modify the Services at any time for any reason, with or without notice.
Disclaimer of Warranties
ALL ASPECTS OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND BASF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES SHALL NOT CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Limitation of Liability
YOU UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) WILL BASF, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER LOSS INCURRED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH THE USE OF THE SERVICES, REGARDLESS OF WHETHER BASF HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. We will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdirected delivery of a text message; (b) inaccurate or incomplete content in a text message; or (c) use or reliance on the content of any text message for any purpose
Applicable Law
These Terms and Conditions and our relationship to you shall be governed by the laws of the state of New Jersey, without regard to conflict of law principles.
Severability
If any provision in these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and, in any event, the remaining provisions of these Terms and Conditions shall remain in effect.
Changes to Terms and Conditions
These Terms and Conditions are effective as of the “Last Updated” date stated at the top of this document. We may change these Terms and Conditions from time to time with or without notice to you. It is your responsibility to refer back to these Terms and Conditions from time to time to ascertain whether they have been updated. By utilizing the Services after we make any such changes, you are deemed to have accepted such changes.
In addition, please be aware that, to the extent permitted by applicable law, and without prejudice to the foregoing, our use of your personal information is governed by the Privacy Policy in current effect. Please refer back to the Privacy Policy on a regular basis.
How to Contact Us
You may contact us through this website: https://agriculture.basf.us/crop-protection/contact-us.html.