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SMS Text Messaging Terms & Conditions

Please read these SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing and marketing text messages from Town & Country Insurance "AGENCY", including text messages made with an Auto dialer, at the mobile phone number(s) you provide.

You may opt-out of these communications at any time by replying STOP to any text message from AGENCY or by otherwise contacting the AGENCY as indicated below.  You can receive help at any time by replying HELP to any text message from the AGENCY or by otherwise contacting AGENCY as indicated below.  Consent to receive non-marketing or marketing text messages is not required to purchase any products or services from the AGENCY. Messaging and data rates may apply.  By completing the SMS text Messaging Opt-In Form, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of AGENCY services.

Program Description

AGENCY offers its text messaging program whereby AGENCY, and any applicable  service providers, will text message you to provide you with information concerning your account activity with AGENCY  and other AGENCY  products, services, and promotions (all of the foregoing the "AGENCY Program").  AGENCY and its service providers may, from time to time, use standard or an automatic telephone dialing system ("Auto dialer") to deliver text messages to you under the AGENCY Program.  You agree that you will not use the AGENCY Program for any illegal or unlawful purposes.  No coverage may be bound or amended via text message or the AGENCY Program.

Message Frequency

Under the AGENCY Program, the number of AGENCY text messages that you receive may vary depending upon your account activity and your communication with AGENCY.

Cost

AGENCY does not impose a separate fee for sending AGENCY text messages under the AGENCY Program.  However, standard message and data rates may apply to each text message sent or received in connection with the AGENCY Program, as provided in your mobile telephone service rate plan.  Please contact your mobile telephone carrier for pricing plans and information.

Supported Carriers; Interruption

The AGENCY Program  should be available through your equipment  or mobile device when the equipment  or  device  is  within  the  operating  range  of  your  wireless  service  provider.   The AGENCY Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the AGENCY Program are available on all equipment/mobile devices, or through all wireless carriers. AGENCY may, from time to time, in its discretion and without notice to you, limit the carriers that support the AGENCY Program.  Certain other carriers may not support the AGENCY Program.

Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions.  The AGENCY Program is subject to transmission limitation or interruption.  You understand and acknowledge that mobile network services are outside of AGENCY's control, and AGENCY is not responsible or liable for issues arising therefrom, or the failure thereof,  including,  without limitation,  technical, hardware, software,  electronic,  network, telephone   or  other  communications malfunctions,   errors  or  failures  of  any  kind,  errors  in transmission, traffic congestion, lost or unavailable  network connections,  telephone connections, wireless  phone  connections,  website,  Internet,  or ISP availability,  unauthorized  human intervention, traffic congestion,  incomplete or inaccurate capture of entry information (regardless of cause)  or failed, incomplete,  garbled, jumbled  or delayed transmissions which  may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person's equipment/wireless device relating to or resulting from participating in or using the AGENCY Program.  If the AGENCY Program is not available within your intended location, you agree that your sole remedy is to cease using the AGENCY Program.

How to Opt-In

To opt-in to receive text messages from AGENCY under the AGENCY Program, complete the SMS/Text Messaging Opt-In Form and submit it to AGENCY.  AGENCY will then send you a text message asking you to confirm your enrollment in the AGENCY Program.

How to Opt-Out

To STOP receiving text messages from AGENCY, text STOP to the ten-digit long code from which the text messages are being sent.  You will then receive confirmation of your opt-out of the AGENCY text-messaging program.  You may also opt out by providing written notice to the AGENCY at 409 Second Street, Webster City, Iowa 50595 or by emailing Town & Country Insurance at wcmail@tcins.com, or calling AGENCY at 515-832-3787.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder's permission to enter the mobile telephone number(s) that you provide  and  that  you  will  not  initiate  messages  to  the mobile  phone  of  any  other  person  or entity.   You  agree to maintain  accurate,  complete,  and up-to date  information  with AGENCY regarding  your use of the AGENCY Program, including, without limitation,  notifying AGENCY in writing immediately if you change, or cease being the regular user of, your mobile telephone number.  You agree to indemnify AGENCY in full for all claims, expenses, damages, and costs, including reasonable attorneys' fees, related to or caused in whole or in part by your failure to notify AGENCY if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.

Privacy

Click here to view the agency’s Privacy Policy is available on our website at www.tcins.com. 

Support/Help

To request more information, text HELP to the ten-digit long code from which the text messages are being sent.  You may also receive assistance by providing written notice to AGENCY at 409 Second Street, Webster City, Iowa 50595, by emailing AGENCY at wcmail@tcins.com, or calling AGENCY at 515-832-3787.

Eligibility

To receive AGENCY text messages or enroll in the AGENCY Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the AGENCY Program, and authorized to incur any    mobile message or data charges incurred by participating.  AGENCY reserves the right to require you to prove the foregoing to participate in the AGENCY Program.

Changes to this SMS/Text Messaging Terms & Conditions

AGENCY may revise, modify, or amend these Town & Country Insurance SMS/Text Messaging        Terms & Conditions at any time.  Any such revision, modification, or amendment shall take effect when it is posted to AGENCY website.  You agree to review these AGENCY SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes.  Your continued consent to receive Town & Country Insurance text messages will indicate your acceptance of those     changes.

Amendment; Termination of Text Messaging

Town & Country Insurance may suspend or terminate your receipt of Town & Country Insurance text messages if Town & Country Insurance believes you are in breach of these Town & Country Insurance SMS/Text Messaging Terms & Conditions. Your receipt of Town & Country Insurance text  messages  is  also  subject  to termination in the event  that  your  mobile  telephone  service  terminates or lapses.  Town & Country Insurance reserves the right to modify or discontinue, temporarily or permanently, all or any part of Town & Country Insurance text messages and the Town & Country Insurance Program, for any reason, with or without notice to you.

Release: No Warranties; Limitation of Liability

By participating in the AGENCY Program, you agree to release and hold harmless AGENCY and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability,  for loss, harm, damage,  injury, attorneys' fees, cost or expense  whatsoever  including without limitation,  property damage, personal injury and death that may occur in connection  with the AGENCY,  or your use thereof, and for any claims, matters, or disputes based on violation of law or       infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation,  or invasion of privacy.

THE AGENCY PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE.  AGENCY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.

In no event shall AGENCY be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the AGENCY Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney's fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct  or fraud, breach of contract, or breach of warranty.  To the extent this damage waiver is contrary  to  applicable  law, your or any third  party's  maximum recovery for any losses or damages whatsoever arising out of or resulting from the AGENCY Program, or your use thereof, regardless of the theory of recovery, is $10.00.

Arbitration/Class Action Waiver

ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND AGENCY ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY   TEXT   MESSAGES  BETWEEN  YOU   AND   AGENCY OR ANYONE ACTING   ON   YOUR OR  AGENCY'S   BEHALF,  OR THE   AGENCY PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE  RESOLVED  SOLELY  BY  ARBITRATION  CONDUCTED EXPEDITIOUSLY  IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES ("AAA RULES") BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE  NATIONAL OR STATE OF IOWA PANEL OF ARBITRATORS.  ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU  AND AGENCY INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR  ALLEGED STATUTORY OR  REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD,  BREACH OF CONTRACT, BREACH OF  WARRANTY, AS WELL AS ALL  DISPUTES, MATTERS, OR  CLAIMS ARISING OUT OF OR  RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE: NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or 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. THIS PROVISION MUST CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § One et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ANY COURT HAVING JURISDICTION MAY ENTER ARBITRATOR. UNLESS OTHERWISE REQUIRED BY LAW, THE  ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS.

EITHER PARTY TO THIS AGREEMENT MAY COMMENCE ARBITRATION PROCEEDINGS BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN THE STATE OF IOWA, UNLESS THE PARTIES TO THE DISPUTE   AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE   NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.

The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims, matters, and disputes between you and AGENCY alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.

Attorney Fees

In the event of any claim, matter, or dispute between you and AGENCY arising out of or relating in any way to these SMS/Text  Messaging Terms & Conditions,  any text messages between you and agency or anyone acting on your or AGENCY's behalf, or the AGENCY Program, AGENCY, if it prevails, must be awarded  all costs of bringing  or defending  the claim, matter, or dispute, including,  without  limitation,  reasonable  attorneys'  fees  and the  ordinary  costs  and  expenses incurred  in resolving  the claim,  matter, or dispute,  including,  without limitation,  all arbitration related fees and expenses.

Applicable Law

The law of the State of Iowa including its statutes of limitations and without reference  to any conflict  of laws  principles,  shall  be  applied  to  any claim, matter, or dispute between the parties or when governing, constraining, or enforcing these SMS/Text Messaging Terms & Conditions, the AGENCY Program, or any text messages between you and AGENCY or anyone acting on your or  AGENCY's behalf, or any of the rights, duties,  or obligations  of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.

Contact Us

If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by calling (515) 832-3787, by mail at 409 2ND Street, Webster City, IA 50595, or by email at WCmail@TCins.com.

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