Text Messaging Policy
Text Messaging Services
Formless, Inc dba Formless and its affiliates (collectively, “we”, our” or “us”) may make available text messaging services in which you can receive messages from us and send messages to us on your mobile phone (the “text messaging services”). Generally, when you receive a text message from us you have either consented to receiving text messages from us (or a third-party who is our customer) or we are able to text you under limited circumstances in accordance with the law.
To receive text messages from us, you must opt-in to the text messaging services by following the instructions for the specific text messaging program (for example, by sending a message to us from your mobile phone or signing up through our site(s) or a third party who is our customer). By signing up for the text messaging services, you consent to the use of an automatic dialing system to deliver text messages to the mobile phone number you have provided for the transmission of these text messages. Your consent to receiving text messages from us is not a condition of purchase.
One-Time Text Message Services
If you opt-in to a one-time text message service, you will receive a one-time message with the information or service you requested.
Recurring Messaging Services
If you opt-in to recurring messaging services, you will receive messages at the rate described when you sign up for the specific text messaging program. Subscribers to recurring text messaging services may receive a subscription continuity opt-in text message from time to time. This text message is to confirm that you wish to continue your subscription to the text messaging services. You must positively reply to the subscription continuity text message to remain subscribed to the text messaging services.
Interactive Text Messaging Services
If you opt-in to interactive text messaging services, the number of messages you receive will vary depending on the type of conversation in which you are engaged.
If your healthcare provider has signed up for our text messaging services, you may automatically receive appointment reminder messages and other health care messages, as defined by the Health Insurance Portability and Accountability Act of 1996, which, under limited circumstance, are exempt from the Telephone Consumer Protection Act and sent at the request of your healthcare provider. Your healthcare provider has represented and warranted to us that they have provided us your correct and current mobile phone number and that they have received your consent to the use of an automatic dialing system to deliver appointment reminder messages and other informational health-related messages to the phone number you provided. The number of appointment reminders and other healthcare messages sent to you will depend on the number of messages that may be sent in accordance with law. In such case when you respond to a text message and start a conversation with us, you agree we may continue to text you. If you have questions about the health care messages sent on behalf of your healthcare provider, you can read more here, contact your healthcare provider directly, or reply “HELP” within the text message for additional information.
Attorney Inquiry Text Messages
To cancel your text messaging subscription for a specific program at any time, simply reply “STOP” to any text message from us for that specific program. You will receive a final text message to confirm your unsubscribe request and you will receive no further text messages from us for that specific program. You may still receive messages from us for any other text messaging program that you have opted into until you reply “STOP” to a message regarding that specific text messaging program. We reserve the right to terminate the text messaging services, in whole or in part, at any time without notice.
You can reply “HELP” to any text message sent from us at any time if you need assistance with the text messaging service. We will respond with a text message that includes instructions on how to use the services and how to unsubscribe. For additional support services, you may email email@example.com.
Text Messaging and Data Rates
Standard message and data rates may apply to any messages sent by us or you. Please contact your wireless provider with any questions regarding text messaging or data rates and plans. The number of text messages you receive will be based upon the text messaging services you sign up for and if you continue the conversation via text message.
You represent and warrant that you are the account holder for the mobile phone number you provided. If you are not the account holder, you represent and warrant that you have the consent of the account holder to sign up for and use the text messaging services and to enter into this agreement. If you are not the account holder or you do not have the consent of the account holder, reply “STOP” immediately.
Services may not be available on all carriers. We are able to deliver messages to the mobile phone carriers supported by our third party text messaging service provider, which currently include the following carriers and are subject to change at any time: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text messages are delivered via a third party service provider and we do not control all factors related to message delivery. To the extent permitted by applicable law, we do not claim or guarantee availability or performance of our text messaging services, including transmission delays, message failure, accuracy or that the services will be error-free. Receipt of messages is dependent on your mobile service provider. The text messaging services may not be compatible with all mobile phone devices. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
You acknowledge and agree that the text messages are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the text messaging service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the text messaging services.
We believe we will be able to resolve most disputes or issues you may have using our services. In the unlikely event we are not able to resolve a dispute or issue, you agree to the following resolution process:
Before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least thirty (30) days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Formless, Inc, 3020 Marcos Drive S312, Aventura, FL 33160, Attn: Legal Department.
If we are unable to mutually agree upon a resolution after the 30-day period, you agree that any claim you may have against us regarding the text messaging services will be resolved through binding arbitration administered by JAMS and governed by the then current JAMS Streamlined Arbitration Rules and Procedures. It is important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one (1) year after your claim arose; otherwise, your claim is waived. As an exception to this arbitration agreement, we are happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.
We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
You agree that arbitration will be exclusively held in Miami-Dade County, Florida and that each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you’re not sure what all of this means, of course please feel free to ask an attorney.
Last Updated: Januar 15, 2019