SMS/Text Messaging Terms & Conditions
Please read these SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing and marketing text messages from Hogan Hatcher & Company (“[AGENCY]”), including text messages made with an Auto-dialer, at the mobile phone number(s) you provide. You may opt out of these communications at any time by replying STOP to any text message from [AGENCY] or by otherwise contacting [AGENCY] as indicated below. You can receive help at any time by replying HELP to any text message from [AGENCY] or by otherwise contacting [AGENCY] as indicated below. Consent to receive non-marketing and marketing text messages is not required to purchase any products or services from [AGENCY]. Messaging and data rates may apply. By completing the SMS/Text Messaging Opt-In Form, you also accept and agree to be bound by these SMS/Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of [AGENCY] services.

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Program Description
[AGENCY] offers its text messaging program whereby [AGENCY], will text message you to provide you with information concerning your account activity with [AGENCY] and other [AGENCY] products, services, and promotions (all of the foregoing the “[AGENCY] Program”). [AGENCY] may from time to time, use a standard or an automatic telephone dialing system (“Auto-dialer”) to deliver text messages to you under the [AGENCY] Program. You agree that you will not use the [AGENCY] Program for any illegal or unlawful purposes. No coverage may be bound or amended via text message or the [AGENCY] Program.

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Message Frequency
Under the [AGENCY] Program, the number of [AGENCY] text messages that you receive may vary depending on your account activity and your communication with [AGENCY].

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Cost
[AGENCY] does not impose a separate fee for sending [AGENCY] text messages under the [AGENCY] Program. However, standard message and data rates may apply to each text message sent or received in connection with the [AGENCY] Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.

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Supported Carriers; Interruption
The [AGENCY] Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The [AGENCY] Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the [AGENCY] Program are available on all equipment/mobile devices, or through all wireless carriers. [AGENCY] may, from time to time, at its discretion and without notice to you, limit the carriers that support the [AGENCY] Program. Certain other carriers may not support the [AGENCY] Program. Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The [AGENCY] Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of [AGENCY]’s control, and [AGENCY] is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) of failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using the [AGENCY] Program. If the [AGENCY] Program is not available within your intended location, you agree that your sole remedy is to cease using [AGENCY] Program.

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How to Opt-In
To opt-in to receive text messages from [AGENCY] under the [AGENCY] Program, complete the SMS/Text Messaging Opt-In Form and submit it to [AGENCY], [AGENCY] will then send you a text message asking you to confirm your enrollment in the [AGENCY] Program.

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How to Opt-Out
To stop receiving text messages from [AGENCY], reply STOP or text STOP to the ten-digit long code from which the text messages are being sent. You will then receive confirmation of your opt-out of the [AGENCY] text messaging program. You may also opt out by providing written notice to [AGENCY] at 2603 Memorial Blvd., Springfield, TN  37172, by emailing “Opt-Out of Text Messaging” to info@hoganhatcher.com, or by calling Hogan Hatcher & Company at (615) 384-2543.

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Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to-date information with [AGENCY] regarding your use of the [AGENCY] Program, including, without limitation, notifying [AGENCY] in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify [AGENCY] in full for all claims, expenses, damages, and costs, including reasonable attorneys’ fees, related to or cause in whole or in part by your failure to notify [AGENCY] if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.

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Privacy
[AGENCY]’s privacy policy may be accessed at the following link: https://www.hoganhatcher.com/privacy-policy.

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Support/Help
To request more information, text HELP to the ten-digit long code from which the text messages are being sent. You may also receive help by providing written notice to [AGENCY] at 2603 Memorial Blvd., Springfield, TN  37172, by emailing info@hoganhatcher.com, or by calling (615) 384-2543.

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Eligibility
To receive [AGENCY] text messages or enroll in the [AGENCY] Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the [AGENCY] Program, and authorized to incur any mobile message or data charges incurred by participating. [AGENCY] reserves the right to require you to prove the foregoing to participate in the [AGENCY] Program.

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Changes to These SMS/Text Messaging Terms & Conditions
[AGENCY] may revise, modify, or amend these [AGENCY] NAME SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to the [AGENCY] website. You agree to review these [AGENCY] SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive [AGENCY] NAME text messages will indicate your acceptance of those changes.

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Amendment: Termination of Text Messaging
[AGENCY] may suspend or terminate your receipt of [AGENCY] text messages if [AGENCY] believes you are in breach of these [AGENCY] SMS/Text Messaging Terms & Conditions. Your receipt of [AGENCY] text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. [AGENCY] reserves the right to modify or discontinue, temporarily or permanently, all or any part of [AGENCY] text messages and the [AGENCY] Program, for any reason, with or without notice to you.

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Release; No Warranties; Limitation of Liability
By participating in the [AGENCY] Program, you agree to release and hold harmless [AGENCY] and its representatives, agents, successors, assigns, employees, officers, and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the [AGENCY], or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any persons or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.

THE [AGENCY] PROGRAM IS PROVIDED AS IS, WHERE IS, AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, WRITTEN, ORAL, OR ARISING UNDER CUSTOM OR TRADE. [AGENCY] DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

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In no event shall [AGENCY] be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the [AGENCY] Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorneys’ fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from the [AGENCY] Program, or your use thereof, regardless of the theory of recovery, is $10.00.

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Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND [AGENCY] ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND [AGENCY] OR ANYONE ACTING ON YOUR OR [AGENCY]’S BEHALF, OR THE [AGENCY] PROGRAM, REGARDLESS OF THE LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES (“AAA RULES”) BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL [FILL IN YOUR PREFERRED LOATION] PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND [AGENCY] INCLUDE, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STAUTTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCES, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFULF MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE; NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.

 

 

This agreement to arbitrate is intended to be broadly interpreted and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.

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THIS PROVISION MUST BE CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. §1 et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING JURISDICTION. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATION SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS. ARBITRATION PROCEEDINGS MAY BE COMMENCED BY EITHER PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN [FILL IN YOUR PREFERRED LOCATION] UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED UNLESS THE ISUSSE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.

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The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and
[AGENCY] alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect on issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.

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Attorney Fees
In the event of any claim, matter, or dispute between you and [AGENCY] arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and [AGENCY] or anyone acting on your or [AGENCY]’s behalf, or the [AGENCY] Program, [AGENCY], if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration-related fees and expenses.

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Applicable Law
The law of the State of Tennessee, including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, construing, or enforcing these SMS/Text Messaging Terms & Conditions, the [AGENCY] Program, or any text messages between you and [AGENCY] or anyone acting on your [AGENCY]’s behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.

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Contact Us
If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by calling (615) 384-2543, by mail at 2603 Memorial Blvd., Springfield, TN  37172, or by email at info@hoganhatcher.com.