VanWest Partners – SMS Terms & Conditions
**IMPORTANT** PLEASE READ THESE SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY TEXT MESSAGING PROGRAM WITH VANWEST PARTNERS. BY SIGNING UP FOR ONE OR MORE OF VANWEST PARTNERS’ TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE SMS TERMS AND CONDITIONS. FURTHERMORE, THESE SMS TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH VANWEST PARTNERS ARE RESOLVED.
By signing up for one or more text messaging programs from VanWest Partners (“VanWest” or “we” or “us”), you expressly consent to receive marketing or non-marketing text messages, as applicable, from us and others texting on our behalf, at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive text messages is not a condition of any investment or any purchase with us.
Our text messages are intended to provide you with marketing and promotional information regarding VanWest Partners and our available investment opportunities and services. We may also provide you with transaction-related information.
The number of text messages that you receive from us will vary depending on which of our text messaging programs you select, and the frequency of the messages sent by those programs.
Message and data rates may apply to each text message sent or received in connection with our 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. We do not impose a separate fee for sending any of our text messages; however, you are responsible for any fees imposed by your mobile carrier.
How to Opt-In
Our text messaging programs allow users to receive SMS/MMS mobile messages by affirmatively opting into a program, such as through online or application-based enrollment forms. Please follow the instructions provided by the specific program from which you wish to receive messages. Regardless of the opt-in method you utilized to join a given text message program, you agree that these SMS Terms and Conditions apply to your participation.
How to Opt-Out
To stop receiving text messages from one of our text messaging programs, text STOP to (833) 233-1489 for the text messaging program from which you no longer wish to receive messages. You acknowledge that you may then receive one (1) final message from us confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying us immediately if you change your mobile telephone number. You may notify us of a number change by contacting our Investor Relations department at (833) 233-1489.
You agree to indemnify VanWest Partners and its affiliates in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us 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.
Access or Delivery to Mobile Network is Not Guaranteed
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement with your mobile carrier.
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including, but not limited to, mobile network services, are outside of our control, and we are not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).
Supported carriers may change from time to time. Please contact your Carrier for current information regarding SMS messages on their network. Carriers are not liable for delayed or undelivered messages.
To request more information, text HELP to (833) 233-1489. You may also receive help by emailing us at info@VanWestPartners.com.
To receive our text messages, you must be a resident of the United States and 18 years of age or older.
Changes to Terms and Conditions
We may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment will take effect when it is posted to our website (www.VanWestPartners.com). You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive our text messages will indicate your acceptance of those changes.
Termination of Text Messaging
We may suspend or terminate your receipt of our text messages if we believe you are in breach of these SMS Terms and Conditions. Your receipt of our text messages is also subject to termination if your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of our text messages, with or without notice.
Arbitration and Class Action Waiver
Please read this section carefully. It affects your rights.
Any dispute or claim relating in any way to your receipt or use of our text messages will be resolved by binding arbitration, rather than court.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and VanWest Partners or VanWest Partners’ employees, agents, successors, or assigns, will exclusively be settled through binding and confidential arbitration, except that we or you may take claims to an appropriate small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
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 VanWest Partners hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq., (the “FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and VanWest Partners agree otherwise in writing, arbitration will be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these SMS Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award will be final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND VANWEST PARTNERS ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND VANWEST PARTNERS ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND VANWEST PARTNERS 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.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement must be held in the United States county where you live or work, Colorado, or any other location we mutually agree to, subject to Colorado law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
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 us on your behalf.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at info@VanWestPartners.com and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Arbitration and Class Action Waiver provision for these SMS Terms and Conditions, and (5) clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these SMS Terms and Conditions.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including, without limitation, any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages, or attorney’s fees.
Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Colorado.
If any term of these SMS Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term will be automatically excluded to the extent of such illegality, invalidity, or unenforceability; and all other terms hereof will remain in full force and effect; and, to the extent permitted and possible, the illegal, invalid, or unenforceable term will be deemed replaced by a term that is legal, valid, and enforceable and that comes closest to expressing the intention of such illegal, invalid, or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted will be entitled to compensation for such adverse impact; provided the reason for the illegality, invalidity, or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.