MOBILE MESSAGING TERMS AND CONDITIONS
K&G may use mobile messaging, including Short Message Service (SMS) and Multimedia Message Services (MMS), collectively referred to as "messages" or "messaging," to communicate with you for various business purposes.
The following Mobile Messaging Terms and Conditions (the "Terms") govern your use or participation in any of K&G Men's Company LLC, doing business as K&G Fashion Superstore, ("K&G," "we" or "us") Texting Programs (collectively, the "Services"), as described below. Your use of the Services constitutes your agreement to these Terms. We may modify or cancel the Services or any of their features without notice. To the extent permitted by applicable law, we may also modify these Terms at any time and your continued use of the Services following the effective date of any such changes shall constitute your acceptance of such changes.
The following apply to any programs or features offered through the Services.
- You must be at least 18 years of age to participate in any of the Services and to agree to these Terms.
- You agree to receive these Terms electronically, and further, to conduct this agreement, consent, and signature process electronically.
- You agree that the process of obtaining your consent to receive messages from K&G demonstrates your intent to provide any necessary electronic signatures required by state or federal law.
- All Services require a text-enabled device and your consent to receive messages at the number you provide to us.
- By using the Services, you authorize K&G to deliver messages to you through use of an automated telephone dialing system.
- You are not required to consent to receiving mobile messages to purchase goods or services from K&G.
- By requesting contact from K&G, including through a subscription to a Texting Program, you agree that you have provided us the necessary authorization and consent to call or text you even if you are on a state or the federal Do Not Call registry at the time of your request to join.
- The Services are provided as a free service of K&G; however, Message and Data Rates may apply from your wireless (cellular) service provider depending on your cellular subscription agreement. You are responsible for all applicable costs and taxes. Consult your wireless (cellular) service provider regarding their pricing plans.
- You may unsubscribe from a Texting Program at any time by following the directives in the Texting Program description. However, please note that K&G operates multiple Texting Programs, as indicated by the short code or telephone number. Opting out of one Texting Program will not opt you out of other Texting Programs, or any other communications, from K&G. All Texting Programs will continue unless and until you unsubscribe or opt-out. After opting out, you may resubscribe at any time by following the Texting Program subscription directives noted below.
- All messages sent to or from our Services are recorded and retained. By participating in any of our Services, you consent to these messages being recorded and have no claims for illegal wiretapping or the like. Any messages you send become our property.
- We may change any short code or telephone number we use to operate the Services at any time and will notify you of these changes, if necessary. 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.
- You agree to provide us with a valid phone number for use of the Services. If you get a new phone number, you agree to notify us and update your account, as applicable, to reflect any changes. If desired, you will also need to sign up for the Services with your new number to continue participating in the Service(s).
- In general, mobile messaging is not a secure mode of communication, so personal information of a sensitive nature should not be provided via mobile messaging. In accordance with our policy, we will not ask you to send certain personal information, such as passwords or credit card information, via mobile message.
- You may receive messages containing links to web pages or forms. While we would never intentionally send you a malicious link, you should only click links that you are expecting or that you are familiar with.
- We will not tolerate the misuse of any Services. We will terminate your ability to use or participate in any Service if at any point, in our sole discretion, it is determined that you have used our Services to (a) send material that is harassing, defamatory, libelous, abusive, threatening, obscene, or coercive, (b) distribute content that violates the rights of any person or company protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, or (c) introduce malicious programs or other routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information, including executing any form of monitoring that will intercept data not expressly approved for use.
K&G offers, through the Services, Texting Programs to individuals who would like to receive transactional and/or marketing text messages from and related to K&G.
You may opt-in to receive messages from this Texting Program if you so choose. You will find more detailed descriptions of this Texting Program below, including frequency and opt-out options.
Retail Marketing Text Program
To participate in the Retail Marketing Text Program and receive retail merchandise-related marketing text alerts and offers from K&G, text the keyword to 79999 or submit your mobile phone number through the applicable webform. Then, respond, as directed, to the message you receive from 79999 containing details about the K&G Retail Marketing Text Program. Your affirmative response when prompted serves as your legal consent to receive marketing messages from us. After you affirmatively respond to confirm participation in the program, you will receive recurring retail-related marketing messages at the phone number from which you send the confirmation message. Any coupon offers or promotions provided via the Retail Marketing Text Program are subject to additional terms and conditions, noted below. To stop receiving retail-related marketing messages at any time, text STOP to short code 79999, or reply STOP to any message you receive from 79999. Additional opt-out words such as QUIT, CANCEL, UNSUBSCRIBE, and STOP ALL are also supported. Text HELP to short code 79999 or reply HELP to any message you receive from 79999 to receive help information or terms and conditions related to the Retail Marketing Text Program.
Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. K&G is not responsible for these limitations, and you should contact your carrier with questions regarding these issues.
Release of Claims; No Warranties.
By participating in the Services, you agree to release and hold harmless K&G, our Texting Vendor, and participating wireless (cellular) carriers and their respective representatives, agents, successors, assigns, employees, officers and directors (together, the "Released Parties"), from any and all liability, loss, harm, damage, injury, cost and expense whatsoever, including without limitation, property damage, personal injury and death, which may occur in connection with the Services, and from any claims based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation and invasion of privacy. Released Parties are not responsible for any printing, typographical, mechanical, or other errors in associated promotional materials in connection with these Services. Participating wireless (cellular) carriers and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives, and employees are not responsible for these Services, and none of them will have any liability or responsibility for any claim arising in connection with participation in these Services.
The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any offer furnished by third parties in connection with these Services. Without limiting the generality of the foregoing, all Services are provided "as is" without warranty of any kind, either express or implied, and the Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Released Parties are not responsible for the following: technical, hardware, software, electronic, network, telephone or other communications malfunctions; errors or failures of any kind; errors in transmission; traffic congestion, lost or unavailable network connections, telephone connections, or wireless (cellular) phone connections; website, Internet, or ISP availability; unauthorized human intervention; incomplete or inaccurate capture of entry information (regardless of cause); failed (undelivered), incomplete, garbled, jumbled or delayed transmissions; any other matter that may limit or restrict your ability to send or receive a message; any injury or damage to your or any other person's wireless (cellular) device relating to, or resulting from, participation in these Services. News and data delivered are believed to be accurate at the time of delivery.
To the extent permitted by applicable law, you agree that the Released Parties 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 Services. You understand that anyone with access to your mobile phone may be able to view the messages you receive when using the Services, and you agree that we will not be liable to you if this occurs.
Coupon Offer Terms & Conditions
Both the K&G Retail Marketing Text Program and the Rental Marketing Text Program may provide coupons to subscribed customers. Various terms and conditions apply to the respective coupons sent and received. Those coupon terms and conditions are available on our offer disclosures website. Further, the Notice of Financial Incentive applies to all coupon offers provided to customers, whether via SMS or other delivery methods.
K&G Corporate Office
1225 Chattahoochee Avenue
Atlanta, GA 30318
For Support, please call K&G Customer Relations at 800-343-3700.
Terms updated in April 2023