Telephone Messaging Terms and ConditionsUNDER THESE TERMS & CONDITIONS YOU ARE AGREEING TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
Agreement Details & Notices
1. Your Consent to Receive Automated Communications
You acknowledge that by voluntarily providing your telephone number(s) in conjunction with an account, transaction or to get a quote for insurance, mortgage, or any other product or by opting in to a LA Family of Companies’-sponsored text messaging program (“Program(s)”), you expressly agree to receive artificial voice messages, prerecorded voice messages, and/or autodialed communications from us, including, without limitation, communications regarding marketing, offers, promotions, your account(s), your transaction(s), alerts, news, other information about the LA Family of Companies, personalized content, content for any Program(s) you opt-in to, and/or your relationship with us. You acknowledge that automated communications may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that we may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, and/or phone numbers provided by you or your representative at any time or obtained through other lawful methods, such as skip tracing, caller ID capture, or other means. You agree to receive automated communications from us, even if you cancel your account or terminate your relationship with us, except if you expressly change your consent status or opt out (see below). You understand that you do not have to agree to receive automated promotional communications as a condition of purchasing any goods or services.
2. Providing Telephone Numbers and Other Contact Information
You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, your residential or business telephone number(s), and/or your mobile telephone number(s), is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide, and that you are authorized to provide consent for that telephone number. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided is false or inaccurate, we may suspend or terminate your participation in any relevant Program(s). Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any text message that you have received from us, or opting out by following the instructions described in the “Changes to Consent” section below.
3. Changes to Consent
If you do not consent to receiving automated communications, or at any time you wish to revoke your consent to be contacted at a particular number, you may contact us through one of the contact methods identified on our contact page. To opt out of a specified text message Program, please see the Text Message Opt-Out Instructions below.
It is your sole responsibility to notify us if you no longer want to receive automated communications. You waive any rights to bring claims for unauthorized or undesired communications by failing to opt out immediately or by failing to follow these instructions.
Please allow up to thirty (30) days to process any opt-out request. Please note that if even you opt out of all automated communications, we reserve the right to make non-automated communications to you for transactional, informational, and/or operational purposes. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt-out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.
4. Text Message Opt-Out Instructions
Your consent to receive automated text messages is completely voluntary. You may opt out at any time. To opt out of text messages, follow the instructions in each Program for opting out; text STOP to any text message you receive from us; or contact us through one of the contact methods identified here and, if applicable, specify the Program(s) for which you want to opt out of text messages. You acknowledge and agree to accept text messages confirming your opt-out. You acknowledge and agree that if you text or reply START to re-start communications from which you previously opted out, the Terms & Conditions that apply to the Program(s) from which you opted out will continue to apply to such re-started communications, and your prior consent to receipt of communications under such Program(s) will be reinstated.
We have different text message Programs and may use different shortcodes/longcodes for different messaging purposes. Thus, texting STOP to one shortcode/longcode or opting out of one text message Program will not effectuate a stop request for all shortcodes/longcodes or text message Programs to which you are subscribed. If you would like to stop messages from multiple shortcodes/longcodes or Programs, text STOP to each shortcode/longcode or follow the opt-out instructions of each Program for which you would like to unsubscribe. Please note that even if you opt out of any Program(s), you will continue to receive communications for transactional, informational and/or operational purposes unless and until you make changes to your consent as described in the “Changes to Consent” section above.
5. Fees & Charges
There is no fee to receive automated communications from us. However, you may incur a charge for these communications from your telephone carrier, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that we are not responsible for such charges.
6. Unauthorized Use of your Telephone Device
You must notify us immediately of any breach of security or unauthorized use of your telephone device. Although we will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
7. Monitoring & Recording Communications
You acknowledge that telephone communications to or from us may be monitored and recorded and you agree to such monitoring and recording.
8. Your Indemnification to Us
If you violate these Terms & Conditions, you agree to indemnify, defend and hold us harmless from and against any claims, including, without limitation, privacy, tort or other claims, suits, demands, damages, actions, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from, concern, or are related to to that violation(s), including, without limitation, your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You will cooperate as fully required by us in the defense of any such claims. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all claims. We reserve the right to assume the exclusive defense and control of any claims and you will not settle any claims without, in each instance, the prior written consent of an officer of a company within the LA Family of Companies.
9. Technical Issues
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive communications, including, without limitation, telephone communications and text messages. Text messaging may only be available with select carriers with compatible handsets.
Your obligations under these Terms & Conditions will survive termination of your relationship with the LA Family of Companies.
12. Dispute Resolution
PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING ARBITRATION, AMONG OTHER THINGS.
A. First – Try to Resolve Disputes and Excluded Disputes.
If any controversy, allegation, dispute, or claim arises out of or relates to these Terms and Conditions (collectively, “Dispute”), or to any of the LA Family of Companies’ actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section (E) (below) , then you and we agree to engage in good-faith informal efforts to resolve the Dispute or Excluded Dispute by sending a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section (A). Your notice to us must be sent via email to: email@example.com. The written description included in your notice must be on an individual basis and provide at least the following information: your name; the nature or basis of the claim or dispute; the date of any communications or occurrence at issue (if any and if available), and the relief sought. For a period of sixty (60) days from the date of receipt of notice from the other party, we and you agree to negotiate in good faith about the dispute through an informal telephonic dispute resolution conference between you and us in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or us to resolve the Dispute or Excluded Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section entitled Dispute Resolution are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and us agree that this Section satisfies the “writing” requirement of the Federal Arbitration Act (“FAA”).
B. Binding Arbitration
If you and us cannot resolve a Dispute as set forth in Section (A) above within sixty (60) days of receipt of the notice, then ANY DISPUTE ARISING BETWEEN YOU AND US (whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, any other intentional tort or negligence), common law, constitutional provision, respondent superior, agency or any other legal or equitable theory), whether arising before or after the effective date of these Terms and Conditions, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.
For U.S. residents, the FAA, not state law, shall govern the arbitrability of all Disputes including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. We and you agree, however, that the applicable state, federal or provincial law, as contemplated in Section 13) below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and us regarding these Terms and Conditions or any other type of Dispute described in Section (A) , whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles. An Excluded Dispute will only be subject to binding arbitration pursuant to this Section 12 if the parties mutually agree.
Any Dispute will be resolved solely by binding arbitration in accordance with the then-current: (i) Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in effect since the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1; and if such Consumer Arbitration Rules do not apply then: (ii) the Commercial Arbitration Rules (collectively, “Rules”) of the AAA, except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of us consent to in writing.
C. Arbitration Process
If after sixty (60) days the informal dispute resolution procedure set forth in Section 12(A) above is unsuccessful in resolving the parties’ dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. (The AAA provides applicable forms for Demands for Arbitration available at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.)
The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the Rules. The arbitration may be conducted by telephone or based on written submissions, and if an in-person hearing is required, then it will be conducted in the county where you live or at another mutually agreed upon location. You and we will pay the administrative and arbitrator’s fees and other costs (and please note that you will be responsible for a portion or percentage of such fees) in accordance with the requirements of the Rules; but if the Rules (or other applicable arbitration rules or laws) require the LA Family of Companies to pay a greater portion or all of such fees and costs in order for this Section 12 to be enforceable, then the LA Family of Companies will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and Conditions and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim.
All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the LA Family of Companies will have the right to recover its attorneys’ fees and expenses. This arbitration provision shall survive termination of these Terms and Conditions. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and https://www.adr.org and JAMS: 800.352.5267 and https://www.jamsadr.com.
D. Limited Time to File Claims
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION (A) ABOVE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED. Commencing means, as applicable:
E. Injunctive Relief
The foregoing provisions of this Section 12 will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to our intellectual property rights.
F. No Class Action Matters
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section (B) above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section (G) below. Notwithstanding any other provision of this Section 12 any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions. Notwithstanding any other provision of these Terms and Conditions, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Section 12 entitled shall be void. If any portion of this Section 12 other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section.
G. Jurisdictional Issues
Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state court in Oakland County or in Federal Court in the United States District Court for the Eastern District of Michigan. Accordingly, you and us consent to the exclusive personal jurisdiction and venue of such courts for such matters.
H. Small Claims Matters are Excluded from Arbitration Requirement
Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction.
13. Governing Law
These Terms & Conditions and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of Michigan, without regard to its conflicts of law provisions.
14. SeverabilityIf any provision of these Terms & Conditions is held in an arbitration proceeding or by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Terms & Conditions will not be affected. If such provision would cease to be illegal, invalid or unenforceable if some part of that provision were modified or deleted, the provision in question will apply with the least such modification or deletion as may be necessary to make the provision legal, valid and enforceable. These Terms & Conditions may change at any time. We will post the revision date with the revised Terms & Conditions. The revised Terms & Conditions will apply to you for any communications you receive after the revision date. You agree to review these Terms & Conditions periodically to ensure you are aware of any changes. Your continued consent to receive LA Family of Companies’ communications will indicate your acceptance of those changes. Remember, you may always opt out of or unsubscribe from communications by following the instructions in the “Changes to Consent” or “Text Message Opt-Out Instructions” sections above.
These Terms and Conditions were last updated August 3, 2022.