Text Message Terms and Conditions
By providing your mobile number and completing sign-up, you agree that you want Tecovas Inc. (“Tecovas” or the "Company") to send you marketing, promotional, administrative and other information that we think may be of interest to you, which may include the Company using automated dialing technology to text you at the wireless number you provided. You agree to receive unlimited, recurring automated marketing and non-marketing communications from the Company via text message (also known as SMS), and understand that message frequency may vary. You further agree that the Company is authorized to use automated or non-automated technology, including without limitation automatic telephone dialing systems. You also agree and confirm that the number you provided is your mobile number, that you are the customary user of that number, and that you have authority to consent to receive text messages at that number. You do not have to sign up for messaging in order to make any purchases, and your consent is not a condition of any purchase.
You represent and warrant that (i) the mobile phone number you provide to the Company belongs to you and to no one else and (ii) you are at least 18 years old or the age of majority in your state. You agree to promptly notify us of any changes to your mobile number, and to promptly update your account with us to reflect any such changes. We work with trusted partners who send these messages on our behalf. The Company may terminate the SMS program or your participation in it at any time with or without notice.
You agree to indemnify and hold the Company harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to your breach of the foregoing.
When you opt-in to the Services, we will send you an SMS message to confirm your signup, in which case you may need to reply as instructed to complete your registration.
You can expect to receive automated marketing messages when you opt-in to the Services including promotions for new product releases and sales.
You do not need to consent to receive text messages to purchase products from the Company.
You can cancel the SMS service at any time. Just reply "STOP" to the number you received the message from or by texting "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you are based in the US, you agree that this does not violate your opt-out rights in respect to the TCPA (Telephone Consumer Protection Act). If you want to join again, just sign up as you did the first time or text "JOIN" to the short code and we will start sending text messages to you again. Once you have consented, you may receive messages until you opt-out.
If at any time you forget what keywords are supported, just text "HELP" to the number you received the message from or text "HELP" to the short code. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. You can also get help directly at email@example.com.
We are currently able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). This list is subject to change without notice at any time. Carriers are not liable for delayed or undelivered messages.
Message and data rates may apply for any messages sent to you from us and to us from you. You may incur messaging rate charges or other fees, rates, charges and/or taxes from your mobile provider, so be sure to check your plan. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
We do not guarantee the successful delivery of text messages by your wireless provider. Carriers are not liable for delayed or undelivered messages. If your carrier is not participating, then you will not receive a reply to your messages. Messages sent by text may not be delivered if the mobile device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the terrain, proximity to buildings, foliage, weather, and the recipient's equipment. 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.
Tecovas makes no representations or warranties whatsoever regarding messages or messaging programs. Tecovas hereby disclaims all warranties, including any implied representations or warranties of merchantability or fitness for a particular purpose with respect to any messages or messaging programs.
Dispute resolution, including: ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER
For all “Claims” as later defined, you must first send a written description of your Claim to the Company to allow us an opportunity to resolve it. You and the Company each agree to negotiate your claim in good faith. If the Claim cannot be resolved within 60 days, then you may seek arbitration. You and the Company agree that all disputes, controversies, and claims arising out of, relating to or in connection with these T&Cs, or to text messages sent on behalf of the Company, or any transaction contemplated thereby (collectively “Claims”), shall be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.
The arbitral tribunal shall have the sole power to rule on any challenge to its own jurisdiction without any need to refer such matters first to a court, and all issues regarding arbitrability shall be decided solely by the arbitral tribunal.
The place of arbitration shall be in Dallas, Texas. The language of the arbitration shall be English.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on our registered agent. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
Except as to the above agreement to arbitrate, which is governed by the Federal Arbitration Act, you and the Company agree that these T&Cs and any Claims shall be governed exclusively by the laws of the State of Texas, without respect to any choice of law analysis.
In the event a Claim is not subject to arbitration, you and the Company agree that all Claims will be litigated exclusively in the federal or state courts of Dallas County, Texas. The parties consent to personal jurisdiction in Dallas County, Texas and hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Dallas County, Texas. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY SUCH LEGAL PROCEEDING. You further agree not to join in any SUCH LEGAL PROCEEDING with another person or serve as a class representative of any class action lawsuit against the Company.