Terms and Conditions
By requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting
to receive one or more text messages from [SENDER] (“Sender”, “we”, “us”, “our”) through Sender’s
messaging platform (“Platform”), you accept these Terms & Conditions (“Opt-In”).
Notice Regarding Dispute Resolution: This Agreement contains provisions that govern and limit
how claims you and the Sender have against each other are resolve. It also contains an agreement to
arbitrate, which will, with limited exception, require you to submit claims you have against us to
binding and final arbitration and (A) you will only be permitted to pursue claims against the
Sender on an individual basis, not as part of any class or representative action or proceeding and
(B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief)
on an individual basis.
Opting In
You authorize Sender to use auto dialer or non-auto dialer technology to send text messages to
the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or
instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on
file for the account associated with your Opt-In). You also authorize Sender to include marketing
content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of
purchase of any of Sender’s offerings.
You confirm that you are the subscriber to the relevant phone number or that you are the
customary user of that number on a family or business plan and that you are authorized to Opt-In.
You consent to the use of an electronic record to document your Opt-In.
You agree that, in addition to the main messages that Sender may provide, you may receive one
or more welcome messages or administrative messages, such as (in some cases) a request to
confirm your Opt-In.
About the Text Message Services and Opting Out
Message and data rates may apply. 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 messaging instructions.
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Unless otherwise noted, Sender may send multiple, recurring messages and frequency may vary.
Sender may terminate any messaging services or your participation in it at any time with or
without notice, including, for example, before you have received any or all messages that you
otherwise would have received, but these Terms & Conditions still will apply. Your opt-out
request may generate either a confirmation text or a texted request to clarify the Text Message
Service to which it applies (if you have more than one). To complete your opt-out, please provide
the requested clarification.
You consent to the handling of your information as described in our Privacy Policy [LINK]. To
contact Sender customer service, at [support@vortexdumpster.com].
You may text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt-out of messages or for
additional help, text HELP. You also understand and agree that any other method of opting out,
including, but not limited to, texting words other than those set forth above or verbally requesting
one of our employees to remove you from our list, is not a reasonable means of opting out. You
may receive an additional mobile message confirming your decision to opt out. These Terms &
Conditions still will apply if you withdraw the consent mentioned above.
To request a free paper or email copy of the Opt-In, or to update our records with your contact
information, or receive help with any messages, please contact us at [support@vortexdumpster.com]. Minimum
technology requirements may apply for electronic records.
Dispute Resolution
Any dispute or claim arising out of or relating in any way to the Platform will be resolved by
binding arbitration, rather than in court, except that you may assert claims in small claims court if
your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms
& Conditions.
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, TO
SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT.
THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, 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.
To begin an arbitration proceeding, you must send a demand to the American Arbitration
Association describing your claim and serve a copy of the demand to [CONTACT]. The
arbitration will be conducted by the American Arbitration Association under its rules, including
the American Arbitration Association Supplementary Procedures for Consumer-Related Disputes.
The American Arbitration Association rules and the form for filing an arbitration claim are
available at [CONTACT]. Payment of all filing, administration and arbitrator fees will be
governed by the American Arbitration Association rules. We will reimburse those fees (but not
any attorney's fees) for claims totaling less than $10,000 unless the arbitrator determines your
claims are frivolous. Likewise, Sender will not seek attorneys' fees and costs in arbitration unless
the arbitrator determines the claims are frivolous. You may choose to have the arbitration
conducted by telephone, based on written submissions, or in person in the county where you live
or at another mutually agreed upon location.
You and Sender 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.
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If for any reason a claim proceeds in court rather than in arbitration, you and Sender each waive
any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be
decided by a judge, not a jury.
You and Sender also both agree that you or we may bring suit in court to seek to enjoin
infringement or other misuse of intellectual property rights.
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. These dispute resolution provisions shall survive any cancellation or
termination of your agreement to engage with the Platform.
Sender’s third-party service providers are a third-party beneficiary of these Terms & Conditions,
including with respect to the dispute resolution procedures set forth above.
Limitations; Restrictions; Miscellaneous
THIS PLATFORM AND ALL CONTENT PROVIDED IN CONNECTION THEREWITH IS
PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM
COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND
ANY OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
If at any time you intend to stop using the mobile telephone number that has been used to
subscribe to the Platform, including canceling your service plan or selling or transferring the
phone number to another party, you agree that you will opt-out of the Platform by using process
set forth above prior to ending your use of the mobile telephone number. You understand and
agree that your agreement to do so is a material part of these Terms & Conditions. You further
agree that, if you discontinue the use of your mobile telephone number without notifying us of
such change, you agree that you will be responsible for all costs (including attorneys’ fees) and
liabilities incurred by us, 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
engage with the Platform.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS
FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US
OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY
CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION 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 PROVIDE
You may not use of engage with the Platform if you are under thirteen (13) years of age. If you
use or engage with the Platform 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 Platform, 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 Platform, you also acknowledge and agree that you are permitted
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by your jurisdiction’s applicable laws, rules, and regulations to use and/or engage with the
Platform.
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited
content includes: (a) any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or
stalking activity; (b) objectionable content, including profanity, obscenity, lasciviousness,
violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality,
disability, sexual orientation, or age; (c) pirated computer programs, viruses, worms, Trojan
horses, or other harmful code; (d) any product, service, or promotion that is unlawful where such
product, service, or promotion thereof is received; (e) any personal information or any content
that implicates and/or references protected personal information, including information that is
protected by the Health Insurance Portability and Accountability Act or the Health Information
Technology for Economic and Clinical Health Act; and (f) any other content that is prohibited by
Applicable Law in the jurisdiction from which the message is sent.
You represent warrant and represent to Sender that you have all necessary rights, power, and
authority to agree to these Terms & Conditions and perform your obligations hereunder, and
nothing contained in this Agreement or in the performance of such obligations will place you in
breach of any other contract or obligation. The failure of either party to exercise in any respect
any right provided for herein will not be deemed a waiver of any further rights hereunder. If any
provision of these Terms & Conditions is found to be unenforceable or invalid, that provision will
be limited or eliminated to the minimum extent necessary so that these Terms & Conditions will
otherwise remain in full force and effect and enforceable. Any new features, changes, updates or
improvements of the Platform shall be subject to these Terms & Conditions unless explicitly
stated otherwise in writing. We reserve the right to change these Terms & Conditions from time
to time. Any updates to these Terms & Conditions shall be communicated to you. You
acknowledge your responsibility to review these Terms & Conditions from time to time and to be
aware of any such changes. By continuing to participate in the Platform after any such changes,
you accept these Terms & Conditions, as modified.