Agreement to Receive Text Messages

By providing your mobile number, you agree that White Picket Fence Counseling Center may send you periodic SMS or MMS messages containing but not limited to important information, updates, deals, and specials.

• You will receive up to 9 messages per month.

• You may unsubscribe at any time by texting the word STOP to the 8335221088. You may receive a subsequent message confirming your opt-out request.

• For help, send the word HELP to 8335221088.

• Message and data rates may apply.

• United States Participating Carriers Include AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular®, MetroPCS®, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile and others.

• T-Mobile is not liable for delayed or undelivered messages.

• You agree to notify us of any changes to your mobile number and update your account with us to reflect this change.

• Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.

• By subscribing or otherwise using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.

If you have any questions please contact White Picket Fence Counseling Center at 4076220202.

Will I be charged for the text messages I receive?

Though White Picket Fence Counseling Center will never charge you for the text messages you receive, depending on your phone plan, you may see some charges from your mobile provider. Please reach out to your wireless provider if you have questions about your text or data plan.

 

Text Message Terms & Conditions

By “Opting In” to or using a “Text Message Service” (both terms defined below), you accept these Terms & Conditions and agree to resolve disputes with White Picket Fence Counseling Center (WPFCC) through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the “Disputes” section below.

Definitions

●  “Text Message Service” includes any arrangement or situation in which WPFCC sends (or indicates that it may send, or receives a request that it send) one or more text messages.

●  “Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages

Opting In

By Opting In to a Text Message Service:

●  You authorize WPFCC to use autodialer or non-autodialer 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 WPFCC 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.

●  You are signing your Opt-In to the Text Message Service.

●  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. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please call (407)622-0202. To view and retain an electronic copy of these Terms & Conditions or the rest of your Opt-In, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These Terms & Conditions still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service.

After Opting In, in addition to the main messages the service offers, 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. Unless otherwise noted, Text Message Services send multiple, recurring messages. WPFCC may terminate any Text Message Service 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. For services operated through __________, you can get help by texting HELP to (833)522-1088, and you can opt-out by texting STOP to (833)522-1088. 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 the WPFCC Privacy Policy. To contact WPFCC customer service, call (407)622-0202. You must be 18 years of age or older (except Alabama and Nebraska, where you must be 19 years of age or older).

Disputes

Any dispute or claim arising out of or relating in any way to a Text Message Service 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 Conditions of Use.

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.

1. Procedures for Arbitration. Arbitrations shall be heard and determined by a single arbitrator administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (collectively the “AAA Rules”) as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA will not administer an arbitration in accordance with this arbitration provision, you and WPFCC will agree on (or if necessary, petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do so. Unless you and WPFCC agree otherwise, any arbitration hearing will take place in the county where you reside. The arbitrator is bound by the terms of this Agreement and will issue a reasoned written decision that explains the essential findings and conclusions.

If your proceeding is designated by AAA as part of a “Multiple Consumer Case Filing,” then you agree: (1) to personally appear and participate in an initial telephone conference with AAA and/or the arbitrator at WPFCC’s request and at any hearing (with your counsel if you are represented); and (2) that the adjudication of your Dispute might await the resolution of other individual claims that are also part of this mass filing.

2. Arbitral Fees and Costs. Payment of filing and other fees shall be governed by the AAA Rules. If the arbitrator finds that the proceeding itself, the substance of a claim or counterclaim, and/or the relief sought in connection with the arbitration was frivolous or was brought for an improper purpose (as measured by the standard set forth in Fed. R. Civ. P. 11(b)), either party will have the right to recover its fees and expenses, including but not limited to attorneys’ fees and arbitration fees and costs. In making this determination, the arbitrator may consider, among other things, whether a party previously offered full relief to the other party, including, but not limited to, a full refund of the sum paid for items purchased and whether the arbitration is part of “Multiple Consumer Case Filings” as determined by AAA.

3. Right to Attorneys’ Fees and Costs. You may hire an attorney to represent you. You are responsible for your attorneys’ fees and costs. If the Arbitrator rules in your favor, and you are deemed the prevailing party, you may be allowed to recover your attorneys’ fees from WPFCC. In the alternative, if WPFCC is determined to be the prevailing party by the Arbitrator, you may be liable to pay our attorneys’ fees and costs.

D.   Waiver of Jury Trials. Disputes in arbitrations and small claims court are resolved without a jury trial. Whether in arbitration or court, you and WPFCC waive the right to a jury trial to the maximum extent permitted by law.

E.   Waiver of Class Actions. You acknowledge and agree that, to the maximum extent permitted by law, there shall be no right or authority for any dispute to be litigated or arbitrated on a class, joint, collective, or consolidated basis or in a purported representative capacity on behalf of the general public (such as claims as a private attorney general or for public injunctive relief). Unless both you and WPFCC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claim, and may not otherwise preside over any form of any class, joint, collective, or representative proceeding. The arbitrator may award relief (including any declaratory or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to resolve an individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding.

The class action and collective relief waiver is an essential part of this arbitration provision, and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor WPFCC is entitled to arbitration of such claim or dispute. Notwithstanding the foregoing, if a court determines that the class action and collective relief waiver is not enforceable as to a particular claim or request for relief (such as a claim for public injunctive relief) and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that the particular claim or request for relief (such as a claim for public injunctive relief) may proceed in court but shall be severed and stayed pending arbitration of the remaining claims.

6. Survival. This arbitration provision shall survive the cancellation or expiration of the Agreement.

Applicable Law

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF FLORIDA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS & CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST WPFCC ARISING OUT OF OR RELATING IN ANY WAY TO ANY WPFCC TEXT MESSAGE SERVICE.

Mobile Carriers

Please note that the supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers. WPFCC and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages.

Limitation of liability: To the maximum extent allowed by applicable law, you agree that WPFCC or parties acting on behalf of WPFCC are not liable for any direct, indirect, consequential, special, incidental, punitive or any other damages. You agree even if WPFCC has been told of possible damage or loss arising or resulting from or in any way relating to your use of WPFCC paperless text messages. The wireless carriers are not liable for delayed or undelivered messages. WPFCC and its representatives are not liable for the acts or omissions of third parties, including but not limited to delays in the transmission of messages.

 

Indemnity: To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless WPFCC, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from using or getting text messages.