Crum & Forster Mobile Message SMS Terms and Conditions

Last Updated: February, 2023

Please read these SMS Terms & Conditions (the “SMS Terms”) carefully. By enrolling or otherwise agreeing to receive text messages from or on behalf of PTZ Insurance Agency, Ltd., on behalf of itself and its affiliated companies, (collectively, “PTZ, “we,” or “us”), you agree to these SMS Terms, as well as PTZ’s Privacy Policy, which are incorporated herein by reference. If you do not agree, you should not sign up or participate in these programs.

THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CONTAINS A MANDATORY, INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND PTZ TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CAREFULLY. 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.

Opting in to Receive Text Messages

By entering your mobile phone number(s) and successfully activating text services or text messaging in the United States, you are agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages (“Opting In”) from us and accept these SMS Terms and agree to resolve disputes with PTZ as described. Message and data rates may apply.

“Opting In” means: (i) you acknowledge and represent to PTZ 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 PTZ express written 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; (iii) you expressly authorize PTZ to use autodialer or non-autodialer technology, on an ongoing and continuous basis (unless and until you “opt out” as provided herein), to send text messages to the cell phone number associated with your Opting In (i.e., the number listed on the opt-in form or instructions, or, if none, the number from which you send the opt-in); (iv) you also authorize PTZ to include marketing, transactional, operational, or informational content in any such messages and acknowledge that you do not have to opt in or agree to opt in as a condition of any purchase; (v) you consent to the use of an electronic record to document your Opting In; and (vi) by granting such permission to PTZ you are hereby expressly requesting to receive such text even if the enrolled mobile number(s) have been on or are currently 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.”

Please note we may not be able to deliver messages to all mobile carriers. Please see below for a list of compatible carriers.

Consent to receive texts is not a condition of purchasing any goods or services, and you understand and agree that all text messages may be sent using ongoing automated technology.

How to Opt Out and Get Help

To stop receiving text messages from PTZ, you agree to reply STOP to the text message. After texting STOP, you may receive additional communications confirming that your request has been received and processed, and you may continue to receive text messages for a short period while PTZ processes your request(s).

To discontinue receiving SMS messages from PTZ, text STOP to 46389. For additional help, text HELP to 46389 or email us at [email protected] and/or [email protected], or call 866-861-9092 and/or 866-204-6764.

You agree that your prior express consent or Opting In to receive text services shall continue indefinitely unless and until you cancel as described herein. You agree that other methods or means attempted to revoke your prior express consent (e.g., phone call to a PTZ-listed number, a letter sent to a PTZ address, an email sent to a PTZ email address, a conversation with or a voicemail message left with a PTZ employee, etc.) are not valid means for revoking your consent and will not be recognized by PTZ, and you hereby release PTZ from any liability related to your efforts to revoke your prior express consent by other methods or means. You further acknowledge that these SMS Terms will still apply if you withdraw the consent mentioned above or opt out of the Text Message Service.

After opting out of receiving text messages, you can re-enroll in any PTZ text messaging program by following the instructions for that program. We would be happy to welcome you back.

Cost

Message and data rates may apply for any messages sent to you from or on behalf of PTZ, and messages sent to PTZ from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Eligibility and Change in Phone Number

By Opting In to PTZ’s text messaging program or by otherwise providing your cell phone number to PTZ, you warrant that you are 18 years of age or older. You further warrant that you are the current subscriber or authorized user of the phone number you have provided. You agree that you will not initiate messages to the mobile phone of any other person or entity without authorization. If you change, forfeit, or deactivate the phone number you have provided to PTZ, you agree to notify PTZ immediately.  [Please Note: Some U.S. wireless telephone carriers provide files for phone numbers that have been deactivated from their network or been ported from one carrier to another. We proactively opt-out such phone numbers from our subscription list and do not require notification from you for such phone numbers]. Failure to do so constitutes a material breach of these SMS Terms. Mobile carriers are not liable for delayed or undelivered messages.

Compatible Carriers

Compatible carriers include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell, and Virgin Mobile. T-Mobile® is not liable for delayed or undelivered messages.

The above list may be updated from time to time.

Changes in Terms

PTZ reserves the right to change these terms or cancel the text services service at any time. Please check these SMS Terms on a regular basis for changes. Subject to the “Changes” section below, your continued use of the use and acceptance of text services after changes to the SMS Terms are posted shall be deemed acceptance of the modified terms.

No Warranties

PTZ 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.

THE TEXT SERVICE IS PROVIDED WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED. 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

To the fullest extent permitted by law, PTZ or its vendors or their respective affiliates, officers, directors, customers, members, employees or authorized agents (collectively, the “providers”), or your mobile phone carrier(s), shall not be held 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, including negligence, 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 limitation to 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, directly or indirectly, to 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 SMS Terms shall be construed in accordance with the laws of the State of Ohio, without reference to its conflict of law provisions. All disputes between you and PTZ shall be governed by the laws of the State of Ohio, without reference to its conflict of law provisions, whether or not such disputes arise under these SMS Terms.

Dispute Resolution

We want to try to sort out any disagreements without a formal legal proceeding or case. . If a despite arises between you and PTZ, you agree to first contact us by emailing [email protected], before filing a claim. If we are unable to resolve the dispute, informally, within fourteen (14) days of that email, You or PTZ may bring a formal proceeding.

You and PTZ 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 final, binding and individual arbitration by a single arbitrator, 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 PTZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Further, unless both you and PTZ 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, and any other provisions in these SMS Terms, including in this Dispute Resolution section, shall be deemed severable from the Agreement in the event they are held unenforceable.

1. 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. The question of arbitrability of a particular claim shall be and hereby is delegated to the arbitrator, who shall be and hereby is delegated to the arbitrator, who shall have sole discretion to determine whether any claim between you and PTZ is subject to arbitration.

    

2. Arbitration Process

   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, unless otherwise agreed by the parties. If the parties are unable to agree upon an arbitrator within fifteen (15) days of delivery of the Demand for Arbitration, then the Court of Common Pleas can appoint the arbitrator in accordance with the AAA Rules.

3. Arbitration Location & Procedure

   Unless you and PTZ otherwise agree, the arbitration will be conducted in Summit County, Ohio. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and PTZ 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.

4. You May Opt-Out of the Agreement to Arbitrate

   You May Opt-Out of the Agreement to Arbitrate: If you do not want to agree to these Mandatory Individual Arbitration Provisions, you can opt-out by sending an email to [email protected] telling us your name, the cell phone number associated with your account, and that you want to opt-out of the mandatory individual arbitration agreement. In order for your opt-out to be effective, you must email us within thirty (30) days of signing up to receive text messages from us or acknowledging that you have been notified of these Terms, whichever comes later.

5. Fees

   AAA rules will control all arbitration fees and incentives. Each side will bear its costs, expenses and fees to the same extent as if the matter were being heard in court. If, however, a Party prevails on a claim, then the arbitrator may award reasonable fees and/or costs to a Party to the same extent as could a judge in court. This includes the shifting of attorneys’ fees if deemed appropriate by the arbitrator, including for a frivolous claim. The arbitrator will resolve any dispute as to who is the prevailing party and as to the reasonableness of any requested award of fees or costs.

6. Changes

   Notwithstanding the provisions of the “changes in terms” section above, if PTZ 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 [email protected] 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 PTZ'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 PTZ 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).