SMS Terms & Conditions

Introduction
These SMS Terms & Conditions govern the SMS (Short Message Service) communications provided by The Parvin Group, L.L.C. its affiliates, related entities, and partners (“the Company”). They establish the terms under which customers receive SMS messages from the Company, including marketing messages, alerts, and notifications.

Acceptance of Terms

  1. Agreement to Terms: By opting into the Company’s SMS services, customers agree to these Terms & Conditions, which are in addition to the Company’s general Terms of Service and Privacy Policy.
  2. Changes to Terms: The Company reserves the right to modify these Terms & Conditions at any time. Continued use of the SMS service after changes constitutes acceptance of the new terms.
  3. Participant Requirements: You must have a wireless device of your own capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service.  Not all cellular phone providers carry the necessary service to participate.  Check your phone capabilities for specific text message instructions.
  4. Age Restriction:  you may not use or engage with the Company via SMS communications if you are under thirteen (13) years of age.  If you use or engage with the Company and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Company, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Company, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Company.
  5. Prohibited Content: You acknowledge and agree to not send any prohibited content to the Company.  Prohibited content includes:
    • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
    • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
    • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
    • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
    • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”); and
    • Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

Consent and Opt-In

  1. Voluntary Participation: Participation in the SMS service is voluntary and requires explicit consent from the customer.
  2. Obtaining Consent: Consent will be obtained through clear affirmative action, such as entering a phone number on the Company’s website, granting verbal consent, or responding to a promotional SMS with a specific opt-in keyword.

Third-Party Data

  1. Information from Third Parties: The Company may receive customer information from third-party sources that customers have previously subscribed to and consented to sharing their data. This information will be used for marketing purposes in line with this policy.

Content and Frequency

  1. Message Types: Customers may receive transactional messages, promotional content, alerts, and other types of SMS communications.
  2. Frequency: The frequency of messages will be disclosed at the time of opting in and will not exceed the stated limits without further consent.

Opt-Out and Withdrawal of Consent

  1. Easy Opt-Out: Customers can opt-out of SMS communications at any time by replying with a designated keyword (e.g., “STOP”).
  2. Acknowledgment of Opt-Out: Upon opting out, customers will receive a single message confirming the cessation of SMS messages from the Company.

Fees and Charges

  1. Standard Messaging Charges: Standard data and messaging rates may apply to both sending and receiving SMS messages according to the customer’s mobile carrier plan.
  2. No Additional Fees: The Company does not charge additional fees for sending SMS messages, but customers are responsible for any charges imposed by their mobile carrier.

Data Privacy and Security

  1. Commitment to Privacy: The Company is committed to protecting the privacy and security of customers’ personal information as outlined in our Privacy Policy.
  2. Use of Data: Information collected through the SMS service will be used in accordance with the Company’s Privacy Policy and these Terms & Conditions.

Legal Compliance and Indemnification

  1. Compliance with Laws: The SMS services will be provided in compliance with all applicable laws and regulations, including the TCPA and other consumer protection laws.
  2. Notification and Indemnification: If at any time you intend to stop using the mobile telephone number that has been subscribed Company’s SMS communications, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Easy Opt-Out procedure above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material party of these terms and conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying the Company of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Company, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of the Company’s SMS communications or programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAIURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

  1. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and The Company, or its affiliates, or any third-party service provider acting on the Company’s behalf to transmit the mobile messages within the Scope of this Agreement or the Company’s programs, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Dallas County, Texas before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect.  Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which The Company’s principal place of business is located, without regard to its conflict of laws rules.  Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement.  In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court.  The decision of the arbitrator shall be final and binding , and no party shall have rights of appeal except for those provided in Section 10 of the FAA.  Each party shall bear its share of the fees for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the power to order attorneys’ fees only to the extent expressly authorized by statute or contract.  The Arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.  The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.  If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.  This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of the Company’s programs.

Disclaimers and Limitations of Liability

  1. Service Disclaimer: The programs contained herein are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier.  The Company shall not be liable for any delays or failures in receipt of any mobile messages connected with SMS communications or any program.  Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.  The Company does not promise that SMS services will be uninterrupted or error-free and is not liable for any delays, message failures, or other technical issues.
  1. Limitation of Liability: To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from the use of or inability to use the SMS service.

 

 

Customer Support

  1. Contact Information: For questions or concerns regarding these SMS Terms & Conditions or the SMS services, customers should contact marketing@theparvingroup.com.

Governing Law

  1. Jurisdiction: These Terms & Conditions shall be governed by and construed in accordance with the laws of the jurisdiction Texas or the Federal Judicial District in which the Company resides, without giving effect to any principles of conflicts of law.