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SMS and Email Terms and Conditions

 

Applicability

 

The following terms and conditions apply to the Alex Hanna Law (collectively, “we”, “us” or “our”) promotional, marketing, case update, birthday, holiday, collection, payment reminder, etc. text message and email program (the “Program”).  Please read these terms and conditions carefully.  By enrolling in the Program, you agree to these terms and conditions. 

 

Program Description and Cost

 

We may contact you to provide you with information about our services, special offers, promotions, your case, appointments, announcements, reminders, etc. We do not charge any fee to participate in the Program.  Message and data rates may apply as provided in your mobile telephone service plan (please contact your mobile carrier for details).

 

Message Frequency

 

We anticipate a typical Program participant will receive approximately [6] messages and/or emails per month; however, the number of text messages and/or emails you receive will vary depending on our promotions during any month and may exceed or fall below the anticipated amount.

 

Supported Mobile Carriers

 

Supported carriers include:

 

Appalachian Wireless

AT&T Mobility

•Includes Cricket Wireless

Big River Broadband

Bluegrass Cellular being acquired by Verizon Wireless

Bravado Wireless

•Former Sprocket Wireless

Bug Tussel Wireless

•Wholesale roaming provider

C Spire Wireless

Carolina West Wireless

Cellcom

Cellular One

Cellular One of North East Arizona

Chariton Valley Wireless

Chat Mobility

Choice Wireless

Colorado Valley Communications

Commnet Wireless (wholesale)

Custer Telephone Cooperative

Dish Wireless

•Includes Boost Mobile and Ting Mobile

DTC Wireless

ETC

•Enhanced Telecommunication Corporation

Evolve Broadband

FTC Wireless

Illinois Valley Cellular

Indigo Wireless

Infrastructure Networks

Inland Cellular

Limitless Mobile

Mobi

Nemont

•Includes Sagebrush Cellular

Nex-Tech Wireless

NNTC Wireless

NorthwestCell

NVC

Patriot Mobile

Pine Belt Wireless

Pine Cellular

Pioneer Cellular

PTCI

Redzone Wireless

Rock Wireless

RTC Communications

Shentel

•T-Mobile Affiliate

Silver Star Communications

Snake River PCS

Southern Linc

STRATA Networks

Tampnet

T-Mobile US

•Includes Metro by T-Mobile

•Includes the former Sprint network

Thumb Cellular

Triangle Mobile

Union Wireless

United Wireless

•Includes Westlink Communications

U.S. Cellular

Verizon Wireless

Viaero Wireless

VTel

West Central Wireless

•Including Right Wireless and Five Star Wireless

WUE

 

Supported carriers are not responsible for the Program and may not be held liable for any problem or claim arising in connection with it.

 

Opt-Out

 

You may opt-out of the Program by texting STOP to [insert number].  You will then receive one message confirming your opt-out.  If you are participating in any other text message programs provided by us, you must opt-out of those programs separately.

 

Customer Support

 

You may obtain assistance with the Program by texting HELP to [insert number] or by emailing us at contactus@alexhanna.com or calling us at 305-883-7272.

 

Your Mobile Number & Indemnification

 

You represent that you are the account holder for the mobile telephone number you provided and that you are a United States resident 18 years of age or older.  If your phone number changes, you must notify us immediately at contactus@alexhanna.com.  You agree to indemnify us for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us immediately of a change in your telephone number.

 

Disclaimer of Warranties

 

The Program and all information conveyed by it are provided to you on an “AS-IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.  To the fullest extent permitted under applicable law, we disclaim all warranties, whether express or implied, including without limitation, any warranties of title, merchantability, non-infringement and fitness for a particular purpose and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.  We are not responsible for cellular network or equipment performance and you release us of any liability for claims based on hardware, software, electronic, network or other communications malfunctions such as incomplete messages, delayed transmissions or any technical difficulty that may limit your ability to send or receive a message.

 

Governing Law

 

The Program and these terms and conditions are governed by the laws of the State of [State], without regard to its conflict of laws principles.

 

Dispute Resolution

 

Any controversy, claim or dispute arising out of or related to these terms and conditions or the Program, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph.  If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party.  The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. 

 

The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for consumer arbitration (if you are a consumer) or commercial arbitration (if you are a business) (the “Arbitration Rules”).  The arbitration shall be conducted in Miami-Dade, Florida before a single neutral arbitrator appointed in accordance with the Arbitration Rules with the option to appeal the arbitrator’s decision to an Optional Appellate Arbitration in accordance with the Arbitration Rules.  The arbitrator shall not have the power to award punitive damages against any party. 

 

To the fullest extent permitted by applicable law, arbitration costs and fees shall be divided equally between the parties.  To the fullest extent permitted by applicable law, attorneys’ fees shall be borne by each party independently and no party shall be liable for the attorneys’ fees of the other party. Notwithstanding the foregoing, if the arbitrator determines that a filed Dispute is frivolous, the arbitrator, applying applicable law, may award the prevailing party its attorneys’ fees and costs. 

 

No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. 

 

BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION OR SIMILAR PROCEDURAL DEVICE; WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW; AND WAIVES ANY RIGHT TO BRING A DISPUTE MORE THAN ONE YEAR FROM WHEN IT KNEW OR SHOULD HAVE KNOWN OF THE CONTROVERSY, CLAIM, OR FACTS FORMING THE BASIS OF THE DISPUTE.  Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction. thereof.