These Text Message Terms and Conditions (“Terms and Conditions”) are entered into by and between you and American Republic Insurance Services, LLC and The Entrecor Group, LLC (d/b/a “Americare Group”) (collectively "Company," "we," or "us"). These Terms and Conditions apply when you give prior express consent to receive SMS (Short Message Service) and MMS (Multimedia Messaging Service) text messages from the Company. Text messaging may include one-time or recurring texts related to the following programs:
• Reminders, confirmations, service-related, operational, or policy/product related information
• Marketing engagement about additional benefits, programs, products, or services
THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You may opt-in to a text messaging program by responding with “START” or “SUBSCRIBE” to the text message you receive from us. The Company will save your consent to text messages and associate your consent with your name and mobile telephone number. By enrolling to receive text messages, you agree to these Terms and Conditions, which become effective upon your enrollment.
You may opt-out of text messages at any time. To stop receiving text messages, text “STOP,” “STOPALL,” “CANCEL,” END,” “QUIT,” or “UNSUBSCRIBE” to the number from which you are receiving text messages. After you submit a request to unsubscribe, you will receive a final text message confirming the opt-out has been processed. If you wish to reactivate your enrollment to the text message program, you can text “START” or “UNSTOP” to resubscribe. You understand and approve that unsubscribing from one texting program will unsubscribe you from all texting programs that you are enrolled in. You can also notify the Company directly at 866-538-9300.
For questions about text messages text the word “HELP” or “INFO” to the number from which you are receiving text messages.
You acknowledge that messages will be sent to the mobile telephone number you provide. Once you enroll, the frequency of text messages we send to you will vary. Text messages may be sent to your mobile telephone number using an automated technology. You understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an automated technology, the foregoing shall not be interpreted to suggest or imply that any or all of our text messages are sent using an automatic telephone dialing system.
The Company makes all reasonable efforts to honor preferences regarding telephone numbers on Do Not Call Lists, unless you override that Do Not Call List designation by providing your mobile telephone number or by changing your preferences. By granting text messaging permission to us, you are hereby requesting to receive text messages regardless of the fact that your mobile telephone number may otherwise be on the federal, or a state’s, Do Not Call List.
You represent to Company that you are the current wireless service plan subscriber and/or an authorized user of the mobile telephone number at which you consent to receive text messages from the Company, or you have been granted permission by the wireless service plan subscriber and/or authorized user of the mobile telephone number to enroll the mobile telephone number in the text messaging program.
This text message program is offered on an “as-is” basis and may not always be available in all areas and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any text messages connected with this program. Delivery of text messages is subject to effective transmission from your wireless service provider and is outside of our control. Carriers are not liable for delayed or undelivered text messages. 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.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ANY PARTY INVOLVED IN THE TEXT MESSAGE PROGRAM BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER THAT RESULT FROM THE TEXT MESSAGE PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Company does not charge a fee for text messages; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile telephone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
Please update us right away if your mobile telephone number changes. It is your responsibility to give a correct mobile telephone number and to update any changes. If you don’t give us your new mobile telephone number, we are not responsible for any text messages sent to the wrong number.
The Company may revise, modify, or amend these Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to this website. We may change or discontinue any of our text messaging programs without notice or liability to you. The Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, and successors, are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any text message program or from technical failures or delays of any kind. The Company reserves the right to cease delivery of text messages to any person at any time in its sole discretion.
All matters relating to these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the State of Iowa, in each case located in the City of Des Moines, Iowa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, third-party information providers, successors, and assigns from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees), including, but not limited to, those made by a third party, in connection with or arising out of or relating to your use or receipt of text messaging.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
DISPUTE RESOLUTION
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND COMPANY OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by these Terms and Conditions. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of these Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of these Terms and Conditions will continue to apply and be unaffected by this severability provision.
October 3, 2023