Whistle SMS Privacy Policy
Last Updated: April 4, 2025
1. ACCEPTANCE OF TERMS
By subscribing to Rough Creek Lodge and Resort's SMS messaging service (the "Service"), you agree to be bound by these Terms of Service. If you do not agree with these Terms, do not use the Service.
No mobile opt-in data will be shared with third parties.
2. DESCRIPTION OF SERVICE
Rough Creek Lodge and Resort provides an SMS messaging service that sends welcome messages and updates relative to their stay to guests.
3. ENROLLMENT AND CONSENT
3.1 Opt-In Requirements
To enroll in the Service, you must:
- Text YES to 254-323-0126
3.2 Age Restrictions
You must be 18 years of age or older, or have parental consent, to enroll in the Service.
3.3 Proof of Consent
Rough Creek Lodge and Resort maintains records of your opt-in consent, including date, time, and method of consent.
4. MESSAGE FREQUENCY
You will receive approximately 2 messages per day. Message frequency may vary based on account activity or promotional campaigns.
5. MESSAGE AND DATA RATES
Message and data rates may apply to each text message sent or received in connection with the Service, according to your mobile phone service provider's rate plan. Rough Creek Lodge and Resort is not responsible for any fees charged by your mobile service provider.
6. SUPPORTED CARRIERS
The Service is available on most major U.S. wireless carriers including, but not limited to: AT&T, Verizon Wireless, T-Mobile, Sprint, and others. The Service may not be compatible with all devices or available in all areas.
7. HELP INSTRUCTIONS
To receive help or information about the Service, text HELP to 254-323-0126 or contact customer service at 254-918-2526 or concierge@roughcreek.com.
8. CANCELLATION/OPT-OUT
8.1 Opt-Out Method
You may cancel your subscription to the Service at any time by:
- Texting STOP to 254-323-0126; or
- Contacting customer service at 254-918-2526 or concierge@roughcreek.com
8.2 Effect of Cancellation
Upon receipt of your opt-out request, Rough Creek Lodge and Resort will:
- Send a final confirmation message confirming your opt-out
- Remove your mobile number from the Service database within 5 business days
- Cease all SMS communications unless you re-opt-in to the Service
9. PROHIBITED CONDUCT
You agree not to use the Service to:
- Transmit any content that is unlawful, harmful, threatening, abusive, or otherwise objectionable
- Impersonate any person or entity
- Interfere with the operation of the Service
- Engage in any activity that constitutes a violation of any applicable law or regulation
10. CHANGES TO TERMS
Rough Creek Lodge and Resort reserves the right to modify these Terms at any time. Rough Creek Lodge and Resort will notify subscribers of material changes to these Terms via SMS or email. Your continued use of the Service after such notification constitutes your acceptance of the modified Terms.
11. PRIVACY POLICY
Rough Creek Lodge and Resort's collection and use of your personal information is governed by our Privacy Policy, available at https://www.roughcreek.com/
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Rough Creek Lodge and Resort SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, OR GOODWILL, RESULTING FROM OR IN CONNECTION WITH THESE TERMS OR THE USE OR THE INABILITY TO USE THE SERVICE.
13. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Rough Creek Lodge and Resort from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the Service.
15. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
16. DISPUTE RESOLUTION
Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
17. SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
18. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Rough Creek Lodge and Resort regarding the Service and supersede all prior agreements and understandings.
19. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Rough Creek Lodge and Resort
5165 County Road 2013
Glen Rose, TX 76043
254-918-2526
By texting YES to 254-323-0126, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.