By entering your mobile phone number(s) and successfully activating text services, (i) you acknowledge and represent to First Franchise Capital Corporation (“First Franchise Capital”) that you are the authorized user of the mobile phone(s) that you link to the text services, or have been granted permission by the authorized user of the mobile phone(s) to enroll such mobile phone(s) in the text services; (ii) you grant First Franchise Capital express permission to send texts to any mobile phone number you have enrolled in the text service through the mobile phone carrier for each enrolled mobile phone number unless and until such permission is revoked in accordance with these terms and conditions; and (iii) by granting such permission to First Franchise Capital you are hereby expressly requesting to receive such text even if the enrolled mobile number(s) are on any federal, state, or other “Do Not Call List,” and you agree that such text shall not be in violation of any restrictions or requirements associated with any such “Do Not Call List.” By opting in to or participating in any of our services, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.
Activate text services: To activate text services, (i) text “START” to 317-854-5181 or (ii) complete an online form submission opting-in to receive text messages. Follow the instructions to enable text services.
Stop text services: Text services can be cancelled at any time by texting “STOP” to 317-854-5181 from your mobile phone. You agree that your prior express consent to receive text services shall continue indefinitely unless and until you comply with the method described in the prior sentence for cancelling your prior express consent. You agree that other methods or means attempted to revoke your prior express consent (e.g. phone call to a First Franchise Capital-listed number, a letter sent to a First Franchise Capital address, an email sent to a First Franchise Capital email address, a conversation with or a voicemail message left with a First Franchise Capital employee, etc.) are not valid means for revoking your consent and will not be recognized by First Franchise Capital, and you hereby release First Franchise Capital from any liability related to your efforts to revoke your prior express consent by other methods or means.
If revoking your consent by texting “STOP” to 317-854-5181, your text should contain only the word “STOP” without any additional words, spaces, or characters either before or after the word “STOP.” First Franchise Capital will reasonably endeavor to comply with other text communications sent to 317-854-5181 in which you indicate a clear and unmistakable intent to revoke your prior permission; however, you (i) understand that these messages go to a short code number that is entirely automated, is not monitored by a human, and the ability of our short code box to interpret your intent is severely restricted and, therefore, (ii) you hereby release First Franchise Capital from any liability for your efforts to revoke your permission via a text message to 317-854-5181 that does not strictly comply with the terms stated in the first sentence of this paragraph.
By activating text services, you hereby grant First Franchise Capital express permission (without qualification) to respond to your cancellation request (whether that request came through the online portal or by texting “STOP” to 317-854-5181) with a confirmatory text message in return that will (i) confirm receipt of your cancellation request as well as (ii) indicate that you will no longer receive text services from First Franchise Capital. First Franchise Capital will reasonably endeavor to send you a text message confirming your cancellation of text services in a timely manner.
Get Help or Support: To get help or answers to your questions, visit www.firstfranchisecapital.com, email us at email@example.com, or call 866-625-3863. From your mobile phone, you can request that we send you an additional text message that will include relevant contact information by texting “HELP” to 317-854-5181 anytime.
Pricing: Message and data rates may apply. First Franchise Capital does not charge a fee for text services. Check your mobile phone carrier plan details to see what rates may apply.
Message frequency: Number of messages varies per user. Unless responding to the public or specific inquires, First Franchise Capital will not send more than 4 text messages each month, and will only send text messages during normal business hours in your time zone.
Carriers Supported List: Content is available on most carriers but carrier participation could change. If you have questions about your carrier please contact them directly. The content may not be compatible with all mobile device models. The list of participating carriers may be changed at our sole discretion without prior notice. First Franchise Capital will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.
If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services at the prices offered. Pre-paid users may not be able to participate – check with your mobile operator.
Changes in terms: First Franchise Capital reserves the right to change these terms or cancel the text services service at any time. Please check these Terms and Conditions on a regular basis for changes. Your continued use of the use and acceptance of text services after changes to the Terms and Conditions are posted will mean that you accept the modified terms.
No warranties: First Franchise Capital makes no representations or warranties whatsoever regarding text services or the text services service. The text services service is provided on an “as is” and “as available” basis, without express or implied warranties of any kind, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. To the fullest extent permitted under applicable law, you expressly acknowledge and agree that you assume sole responsibility and risk for your use of the text services service, and the results and performance thereof.
Limitation of Liability: In no event and under no cause of action, including negligence, shall First Franchise Capital or its vendors or their respective affiliates, officers, directors, customers, members, employees or authorized agents (collectively, the “providers”), or your mobile phone carrier(s), be liable for any damages, claims or losses incurred (including direct, compensatory, incidental, indirect, special, consequential or exemplary damages), however caused and under any theory of liability, arising from or in connection with text service services, and/or these terms, even if a provider is advised of the possibility of such damages, claims or losses.
Without limiting the generality of the foregoing, the providers shall not be liable to you or any third party for: (i) your use of or inability to use the text service for any reason; (ii) any inaccuracy, incompleteness or misinformation contained in any information provided through the text service; (iii) unauthorized access to, or alteration or loss of, your transmissions, data or other information that is collected, stored or sent in connection with the text service; (iv) errors, system down time, network or system outages, file corruption or service interruptions; or (v) any other use by you of the text service. In addition, the providers shall not be liable if the text service cannot (or any part thereof) cannot be provided or for any failure to perform any obligations contained in these terms due to, directly or indirectly, the failure of any equipment, transmission or delivery problems, or any industrial dispute, war, natural disaster, act of terrorism, explosion, act of god or any other event beyond our control.
Governing law: These terms shall be construed in accordance with the laws of the State of Indiana, without reference to its conflict of law provisions.
Consent not a condition of purchase. Automated marketing messages will be sent to the number provided. Message and data rates may apply.
You and First Franchise Capital agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the text service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and 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. You acknowledge and agree that you and First Franchise Capital are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and First Franchise Capital otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules & Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section (the AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. If needed, the AAA provides a form Demand for Arbitration and additional forms at adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state where the arbitration will be conducted and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location & Procedure
Unless you and First Franchise Capital otherwise agree, the arbitration will be conducted in the state where you reside or a mutually agreed-to location. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and First Franchise Capital submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if First Franchise Capital changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us a notice to firstname.lastname@example.org with “Legal” in the subject line within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of First Franchise Capital’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and First Franchise Capital in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
By entering into this agreement, you expressly acknowledge that you have read and understand all of the terms of this agreement and have taken time to consider the consequences of this important decision.