TEXT MESSAGING POLICY
Updated July 15, 2019
Our Law Firm, co-counsel firms, referral firms, third-party service providers and our affiliates (collectively, “we”, “our,” or “us”) may make available text messaging services, sent manually and/or through automated dialing systems or otherwise, in which you can receive messages from us and send messages to us on your mobile phone (the “text messaging services”).
Generally, when you receive a text message from us you have either consented to receiving automated and/or manual text messages from us (or an associated third-party who we work with) or we are able to text you under limited circumstances in accordance with the law.
By using our text messaging services, you agree to our Terms and Conditions. If you do not agree to our Terms and Conditions, please do not use the text messaging services. See below on how to “Opt-Out.”
To receive text messages from us, you must opt-in to the text messaging services.
By consenting to our text messaging services, you consent to the use of automated technology at the mobile phone number you have provided for the transmission of these messages.
Protected Healthcare Information IS NOT sent via text.
Our Law Firm makes reasonable efforts to collect only the minimum necessary information to achieve our required purpose.
Some of the information you provide may be considered Protected Healthcare Information (PHI) under the HIPAA requirements. Our Law Firm takes very seriously the protection of your data and we never send PHI information via SMS.
If you believe you have been sent a text message that contains sensitive PHI, please contact us at firstname.lastname@example.org.
To cancel text messaging, simply reply “STOP” to any text message from us. You will receive a final text message to confirm your unsubscribe request and you will receive no further text messages at the phone number provided. To receive messages again, you can also text “UNSTOP”.
If you entered several different phone numbers, please be sure to “STOP” from each number you would like to be blocked.
We reserve the right to terminate the text messaging services, in whole or in part, at any time without notice.
You represent and warrant that you are the account holder for the mobile phone number you provided. If you are not the account holder, you represent and warrant that you have the consent of the account holder to sign up for and use the text messaging services and to enter into this agreement. If you are not the account holder or you do not have the consent of the account holder, reply “STOP” immediately.
Text Message and Data Rates
Standard message and data rates may apply to any messages sent by us or you. Please contact your wireless provider with any questions regarding text messaging or data rates and plans.
Services may not be available on all carriers. We are able to deliver messages to the mobile phone carriers supported by our third-party text messaging service provider.
Text messages are delivered via a third-party service provider and we do not control all factors related to message delivery. To the extent permitted by applicable law, we do not claim or guarantee availability or performance of our text messaging services, including transmission delays, message failure, accuracy or that the services will be error-free. Receipt of messages is dependent on your mobile service provider. The text messaging services may not be compatible with all mobile phone devices. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
You acknowledge and agree that the text messages are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the text messaging service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the text messaging services.
We believe we will be able to resolve most disputes or issues you may have using our services. In the unlikely event we are not able to resolve a dispute or issue, you agree to the following resolution process:
Before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least thirty (30) days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Young & Partners, LLP, 1875 Connecticut Ave. N.W., 10th Floor, Washington, D.C., 20009.
If we are unable to mutually agree upon a resolution after the 30-day period, you agree that any claim you may have against us regarding the text messaging services will be resolved through binding arbitration administered by JAMS and governed by the then current JAMS Streamlined Arbitration Rules and Procedures. It is important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one (1) year after your claim arose; otherwise, your claim is waived. As an exception to this arbitration agreement, we are happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.
We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
You agree that arbitration will be exclusively held in Washington, D.C., and that each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you’re not sure what all of this means, of course please feel free to ask an attorney.
If you need any assistance with text messages, please email email@example.com.