SMS Terms and Conditions
Last updated: 1/11/23
Please read these terms and conditions carefully. By submitting the contact form, you expressly consent to receive non-marketing and marketing text messages from Cusic Photography and third parties working on behalf of Cusic Photography. You expressly agree that Cusic Photography may deliver communications to you at the telephone number and email supplied in the contact form, even if your telephone numbers are on any Do Not Call (or similar) list so it will not be considered unauthorized by any local, state or federal law or regulation. Communications will be made by text messages, emails, phone calls, and voicemails to communicate the requested information about Cusic Photography ’s services, products, promotions, appointments and account information. You agree and understand that you are not required to opt into this program to purchase goods or services. You may opt out or unsubscribe at any time by providing notice to Cusic Photography .
Program Details: Cusic Photography Appointment Reminders and Promotional Alerts.
How to Opt-Out
To stop receiving text messages from Cusic Photography text, reply “STOP” or email firstname.lastname@example.org to request removal from the text message program.
How to reach customer service
Reply “HELP” to receive a message with details on reaching our customer service department.
Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Cusic Photography immediately if you change your mobile telephone number. You may notify Cusic Photography of a number change by emailing email@example.com
You agree to indemnify Cusic Photography in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Cusic Photography if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Frequency of Messages
The number of texts you receive per month will depend on your settings and account activity. The text messages that we provide are being delivered as a convenience to you for information or marketing purposes. The number of text messages you will receive varies by month. We will follow all applicable laws regarding time and frequency of messages. Messages are recurring.
Message and data rates may apply to each text message sent or received in connection with Cusic Photography text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.
No Guarantee of Access or Delivery
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. Content is not available on all carriers and carrier participation could change. Carriers are not liable for delayed or undelivered messages. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Cusic Photography ’s control, and Cusic Photography is not responsible or liable for issues arising from them.
Modifications and Updates to Terms and Conditions
Cusic Photography may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Cusic Photography ’s website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Cusic Photography text messages will indicate your acceptance of those changes.
Termination of Text Messaging
Cusic Photography may suspend or terminate your receipt of Cusic Photography text messages if Cusic Photography believes you are in breach of these SMS Terms and Conditions. Your receipt of Cusic Photography text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Cusic Photography reserves the right to modify or discontinue, temporarily or permanently, all or any part of Cusic Photography text messages, with or without notice.
Mandatory, Bilateral Arbitration. Please read this carefully. It affects your rights. YOU AND Cusic Photography AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes 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. You and Cusic Photography hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and Cusic Photography agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Cusic Photography ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND Cusic Photography ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND SHERWIN-WILLIAMS AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Cusic Photography on your behalf.