SMS Terms & Conditions

Last updated: TBD

Overview

Barrett McNabb for Texas (“We,” “Us,” “Our”) offers a mobile messaging program (the “Program”), subject to these Terms and Conditions (the “Terms”). By participating in the Program, you agree to these Terms. If you do not wish to continue participating, reply “STOP” to any message from Us.

User Opt-In

  • Message & Data Rates May Apply.

  • Message frequency varies.

  • Users may opt in via online enrollment forms, short codes, long codes, or other methods we provide.

  • By opting in, you agree that these Terms govern your participation.

  • Messages require human intervention to be sent; however, you consent to receive autodialed marketing mobile messages. Consent is not required to make any purchase.

Program Description

Users who opt in can expect to receive:

  • Updates, announcements, and information about Barrett McNabb for Texas.

Cost and Frequency

  • Message and data rates may apply.

  • The Program involves recurring messages, with additional messages possible based on your interactions with Us.

User Opt-Out and Additional Commands

  • To opt out, reply “STOP” to any of Our messages. You may receive a confirmation message.

  • Other valid opt-out commands include: “QUIT,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “STOP ALL.”

  • For support, reply “HELP” or contact us via our website, email, or phone number (insert actual contact details).

MMS Disclosure

If your device does not support MMS, the Program will send messages via SMS.

Warranty Disclaimer

We are not liable for delays or failures in message delivery. Transmission depends on your wireless carrier and is outside our control. T-Mobile is not liable for delayed or undelivered messages.

Privacy Policy

We respect your privacy. Information you provide will only be used to:

  • Transmit your messages;

  • Respond to you if necessary.

We do not share, sell, rent, loan, trade, lease, or otherwise transfer for profit any phone numbers or customer information collected through the Program to third parties.

We may disclose information if required by law, regulation, or governmental request, or to protect our rights or property. By providing information, you agree it is accurate and truthful. Providing false or misleading information may result in termination from the Program and potential legal action.

This Privacy Policy is limited to the Program and does not apply to other contexts where we interact with you.

Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms, our Privacy Policy, or the Program will be resolved by binding arbitration in Seattle, WA, before one arbitrator.

  • Arbitration will be administered by JAMS.

  • For claims > $250,000: JAMS Comprehensive Arbitration Rules and Procedures apply.

  • For claims ≤ $250,000: JAMS Streamlined Arbitration Rules apply.

  • The arbitrator will apply the substantive law of Washington State, except as preempted by the Federal Arbitration Act (FAA).

  • Arbitration may be initiated by providing JAMS and the other party a written Arbitration Demand.

Class Action Waiver: All proceedings must be conducted individually, not as class, consolidated, or representative actions.

Jury Trial Waiver: If a claim proceeds in court, both parties waive the right to a jury trial.

Arbitrator Authority: The arbitrator may award monetary damages and remedies allowed by law but may not modify these Terms. A written decision (the “Award”) will be issued and may be enforced in any court with jurisdiction.

Costs and Fees: Each party will initially cover one-half of arbitration costs. The prevailing party may recover reasonable attorneys’ fees and costs.

Confidentiality: Arbitration proceedings, hearings, evidence, and Awards are confidential, except where disclosure is required by law or necessary for enforcement.

Miscellaneous

  • You represent that you have the authority to agree to these Terms.

  • Failure to exercise any right does not waive that right.

  • If any provision is invalid or unenforceable, the remainder of the Terms remains in effect.

  • New features, updates, or improvements to the Program are subject to these Terms unless stated otherwise.

  • We may modify these Terms at any time. Updates will be communicated to you. Continued participation constitutes acceptance of revised Terms.

Contact Us

For questions or support regarding these Terms or the Program, please contact us at:

Barrett McNabb for Texas

info@barrettmcnabb.com