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

“Text Message Service” includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).

1. CONSENTING TO TEXT MESSAGING
You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive text messages (such as SMS, MMS, or successor protocols or technologies) from us related to your account(s), transactions, offers regarding products or services, and/or your relationship with us. You acknowledge that text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that we may obtain, and you expressly agree to be contacted at any phone numbers provided by you at any time or obtained through other lawful means. You agree to receive text messages from us even if you terminate your relationship with us, unless you opt-out. You understand that you do not have to agree to receive text messages as a condition of purchasing our services. To opt-out, please see the section on Opting Out of Text Messages below.

By consenting to receive text messages from us, you agree to these Terms & Conditions, as well as our Privacy Policy, incorporated herein by reference.

2. E-SIGN DISCLOSURE
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP.

3. PROVIDING TELEPHONE NUMBER
You verify that any contact information provided to us, including, but not limited to, your residential or business telephone number and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your account is false or inaccurate, we may terminate the Text Message Service at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to all text messages to which you are subscribed and by contacting us at info@dasignsource.com.

4. TEXT MESSAGE SERVICE PRIVACY POLICY
We respect your privacy. We only use information you provide through this service to transmit your mobile messages and respond to you. This includes, but isn’t limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Nonetheless, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. This Text Message Service Privacy Policy applies to your use of the Text Message Service and isn’t intended to modify our general Privacy Policy, incorporated by reference above, which may govern the relationship between you and us in other contexts.

5. COST OF TEXT MESSAGES
We do not charge you for the messages you send and receive via this text message service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. We recommend that you check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that we are not responsible for such charges.

6. FREQUENCY OF TEXT MESSAGES
This Text Messaging Service is for conversational person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request).

7. OPTING OUT OF TEXT MESSAGES
Your consent to receive text messages is completely voluntary. You may opt out at any time. If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. As a person-to-person communication service, opt-out requests are specific to each conversation between you and one of our employees and their associated phone number. It is your sole responsibility to notify us if you no longer want to receive text messages. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately or by failing to follow these instructions. After unsubscribing, we may send you confirmation of your opt-out via text message.

8. UNAUTHORIZED USE OF YOUR TELEPHONE DEVICE
You must notify us immediately of any breach of security or unauthorized use of your telephone device. Although we will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

9. DISPUTE RESOLUTION
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You agree that this Section satisfies the “writing” requirement of the Federal Arbitration Act.

First — Try to Resolve Disputes. If any controversy, allegation, or claim arises out of or relates to the Text Message Service or this Agreement, whether heretofore or hereafter arising (collectively, “Dispute”), written notice of the Dispute, along with a reasonable description of and proposed resolution to the Dispute must be sent to the other Party. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Paragraph. Your notice to us must be sent via email to info@dasignsource.com. For a period of sixty (60) days from the date of receipt of notice from the other Party, the Parties will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either Party to resolve the Dispute on terms with respect to which either Party, in each Party’s sole discretion, is not comfortable.

Second — Binding Arbitration. If the Parties cannot resolve a Dispute as set forth in the preceding Paragraph within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN THE PARTIES (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT—INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. For U.S. residents, the Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all Disputes between the Parties regarding these Terms & Conditions and the Text Message Service, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. D’Asign Source and you agree, however, that the applicable state, federal, or provincial law, as contemplated in the Paragraph to follow, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and D’Asign Source regarding this Agreement, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice-of-law principles. Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of D’Asign Source consent to in writing. If an in-person arbitration hearing is required and you are a U.S. resident, then it will be conducted Miami, Florida. The Parties will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require D’Asign Source to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then D’Asign Source will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms & Conditions, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual Party seeking relief and only to the extent to provide relief warranted by that Party’s individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of this Agreement or the Text Message Service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and JAMS: 800.352.5267.

Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF EITHER PARTY WANTS TO ASSERT A DISPUTE AGAINST THE OTHER, THEN THAT PARTY MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH ABOVE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above; (b) filing for arbitration as set forth above; or filing an action in state, federal, or provincial court.

Injunctive Relief. The foregoing Paragraphs of this Section will not apply to any legal action taken by D’Asign Source to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Text Message Service or the terms of this Agreement.

No Class Action Matters. YOU AND D’ASIGN SOURCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate set forth herein will not apply and the Dispute must be brought exclusively in court. Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation, and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” Paragraph), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute arising hereunder may only be instituted in state or Federal court in Miami, Florida. Accordingly, you and D’Asign Source consent to the exclusive personal jurisdiction and venue of such courts for such matters.

Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either Party may bring qualifying claim of Disputes in small claims court of competent jurisdiction.

Governing Law. These Terms & Conditions will be governed by and construed in accordance with, and any Dispute will be resolved in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions.

SEVERABILITY; INTERPRETATION
If any provision of this Agreement is, for any reason, deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of the terms of the Agreement (which will remain in full force and effect).

To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in this Agreement, the word will be deemed to mean “including, without limitation,”. The summaries of provisions and section headings are provided for convenience only and shall not limit the full terms of the Agreement.

CONTACT US
For support, info@dasignsource.com or Contact – D’Asign Source.