Raphaelson & Levine Onboarding and SMS Messaging Program is a standard-rate, recurring SMS and MMS program which assists new clients of the firm in the onboarding process and general marketing/promotional communications. Message and data rates may apply.
By opting into Raphaelson & Levine Onboarding or SMS Messaging Program, end-users agree to receive pre-written SMS messages from or on behalf of Raphaelson & Levine via shortcode and understand that consent is not a condition of service.
By “Opting In” to or using a Raphaelson & Levine Onboarding or SMS Messaging Program, you accept these Terms & Conditions and agree to resolve disputes with Raphaelson & Levine 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.
Send HELP to 75529 (RLLAW) at any time to receive program contact information. You can also call 212-268-3222. Reply STOP to 75529 (RLLAW) at any time to stop receiving texts. Please note: Carriers are not liable for delayed or undelivered messages.
By Opting In to an SMS Messaging:
- You authorize Raphaelson & Levine ("the firm") 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 Free Consultation Form, 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 record associated with your Opt-In). You also authorize the firm to include marketing content in any such messages.
- You are signing your Opt-In to the SMS Messaging.
- 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 212-268-3222.
- 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 Onboarding or SMS Messaging Program.
After Opting In, in addition to pre-written SMS from or on behalf of Raphaelson & Levine Onboarding or marketing messages, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
To receive SMS text messages or enroll in our Onboarding or SMS Messaging 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 text messaging program, and authorized to incur any mobile message or data charges incurred by participating. The firm reserves the right to require you to prove the foregoing to participate in the SMS Messaging Program.
About the Text Message Services and Opting Out
Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. The firm 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 Text Message Services operated through the firm short code, text HELP to that number for help and STOP to that number to opt out. 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.
Under the SMS Messaging Program, the number of the text messages that you receive from the firm may vary depending upon your account activity and your communication with the firm.
SMS Messaging Fees
The firm does not impose a separate fee for sending the firm text messages under the text messaging program. However, standard message and data rates may apply to each text message sent or received in connection with the program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.
Release: No Warranties; Limitation of Liability
By participating in the firm SMS Program, you agree to release and hold harmless the firm 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 the firm, 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 person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE FIRM SMS/TEXT PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. THE FIRM DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
In no event shall the firm be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the text messaging 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, attorney's fees or any damages arising out of or resulting from a statutory or for 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 text messaging program, or your use thereof, regardless of the theory of recovery, is $10.00.
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. 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.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve us a copy of the demand. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will not reimburse any fees arbitration or attorney fees.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
In the event of any claim, matter, or dispute between you and the firm arising out of or relating in anyway to these SMS/Text Messaging Terms & Conditions, any text messages between you and the firm or anyone acting on your or the firm's behalf, or the text messaging program, the firm, 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
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF NEW YORK), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS & CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST THE FIRM ARISING OUT OF OR RELATING IN ANY WAY TO ANY FIRM TEXT MESSAGE SERVICE.
The short code we use for some Text Message Services is supported on all U.S. carriers. Please note, however, 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. The firm and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages.
Changes to this SMS/Text Messaging Terms & Conditions
The firm may revise, modify, or amend these Town & Country Insurance SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to the firm's website. You agree to review the firm SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive text messages from the firm will indicate your acceptance of those changes.
- “Text Message Service” includes any arrangement or situation in which the firm 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.
If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by calling (212) 268-3222, by mail at:
Raphaelson & Levine Law Firm
14 Penn Plaza, Suite 1718,
New York, NY 10122