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Mobile Messaging Terms and Conditions

www.AgencyCrate.com

Agency Crate LLC ("Agency Crate," "We," "Us," "Our") offers a mobile messaging program (the "Program") governed by these Mobile Messaging Terms and Conditions and Messaging Privacy Policy. By opting into or participating in any of our Programs, you signify your acceptance of these terms and conditions, including your agreement to settle any disputes with us through binding, individual-only arbitration, as outlined in the "Dispute Resolution" section below.

Scope of Agreement

This Agreement specifically relates to the Program and does not alter other Terms and Conditions or Privacy Policies that may regulate our relationship in other contexts. These additional terms are detailed in the "Other Terms and Policies" section below. Regardless of the method you used to opt into the Program, by participating, you acknowledge and agree that this Agreement governs your involvement in the Program.

Contact Information:

Agency Crate LLC

7901 4th St N #20470

St. Petersburg, FL 33702

Email: [email protected]


1. User Opt-In

By participating in Agency Crate LLC's mobile messaging program, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS and MMS), which may include cart reminders, from Agency Crate LLC. These messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided at sign-up or any other number that you designate.

When you provide your phone number, you affirm that it is your own number and not someone else's, and that you have the legal right to use this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to the receipt of messages sent using an auto dialer, this does not imply that all or any of Agency Crate LLC’s mobile messages are sent using an automatic telephone dialing system.

If you wish to join or re-engage with Agency Crate LLC's Program, you can opt in by replying with START or SUBSCRIBE to any mobile message from Agency Crate LLC. Upon opting in, you will receive a confirmation message welcoming you to the Program, which may include details on the types of messages you can expect to receive and how to unsubscribe.

Please be aware that message and data rates may apply, and the frequency of messages varies.


2. User Opt-Out

If you wish to discontinue your participation in Agency Crate LLC's Program or no longer agree to this Agreement, you can opt out by replying with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Agency Crate LLC. After opting out, you may receive one additional message confirming your decision. Please note that opting out will stop all future messages from Agency Crate LLC.

Please understand and agree that the methods mentioned above are the only recognized and reasonable methods of opting out.

Requests to unsubscribe that deviate from these specified keyword commands, such as using different spellings or adding additional words or phrases, may not be recognized by our text message platform.

Agency Crate LLC and its service providers are not liable for failing to honor such altered unsubscribe requests.

Additionally, please be aware that any other methods of opting out, including texting words other than those specified above or verbally requesting an employee to remove you from our list, are not considered valid or reasonable means of opting out.


3. Other Terms and Policies

In addition to these mobile messaging terms, you agree to adhere to Agency Crate LLC's and . These documents together govern your participation in our mobile messaging program and outline our practices and your responsibilities regarding messaging, privacy, and service usage. Please note that these documents are subject to change, and we will notify you of any material changes.


4. Program Description

Within the scope of Agency Crate LLC's mobile messaging program, users who opt in can anticipate receiving various types of messages. These may include:

  • Marketing and promotional updates
  • Information related to transactions, such as payments and customer support details
  • Order and shipping updates, including order confirmations, tracking information, and shipping notifications
  • Reminders related to the checkout process
  • Personalized messages based on user behavior or preferences

Messages may be sent using different formats, such as SMS, MMS, or push notifications.


5. Message Frequency, Cost, and Changes

Message and data rates may apply. By participating in Agency Crate LLC's mobile messaging program, you agree to receive messages periodically as determined by us.

The frequency of these messages will vary, and may include daily, weekly, or monthly messages. We reserve the right to change the frequency of messages at any time, which may involve increasing or decreasing the total number of messages sent.

We also hold the right to modify the short code or phone number from which our messages are sent. Please note that you can opt out of the program at any time to stop receiving messages. Any changes to the frequency or content of messages will be communicated to you in a reasonable manner.


6. Support Instructions

For support related to Agency Crate LLC's Program, you can:

  • Text "HELP" to the number from which you received our messages
  • Email us at [email protected] (please note that email is not a valid method for opting out of the program)

Please be aware that support is available during our business hours (Monday-Friday, 9am-5pm EST). We will respond to your inquiry as soon as possible.


7. MMS Disclosure

If your mobile device does not support MMS messaging, Agency Crate LLC's Program will send SMS terminating messages (TMs) as a fallback option to ensure message delivery. This means you will still receive essential information from us, such as transactional messages, in a text-only format.


8. Our Disclaimer of Warranty

Agency Crate LLC's Program is provided on an "as-is" and "as-available" basis, without warranties of any kind, express or implied. Its availability may not be consistent in all areas or at all times, and may be affected by various factors, including changes in product, software, coverage, or other modifications made by your wireless carrier.

We are not responsible for any delays or failures in the delivery of any mobile messages associated with this Program. The delivery of mobile messages is dependent on effective transmission from your wireless service provider or network operator, which is beyond our control. Carriers are not liable for delayed or undelivered mobile messages.


9. Supported Devices

Agency Crate LLC's Program is available on an "as-is" basis and uses industry-standard protocols and technologies to ensure compatibility with a wide range of devices. However, please note that not all mobile devices or handsets are supported, and our messages may not be deliverable in all areas.

Agency Crate LLC, its service providers, and the mobile carriers supported by the program are not liable for any delayed or undelivered messages.


10. Contact

This Program is a service provided by Agency Crate LLC, which is located at:

  • 7901 4th St N #20470, St Petersburg, FL 33702, United States

For any inquiries or further information regarding our Program, please contact us at:

Or call us at [insert phone number] during our business hours (Monday-Friday, 9am-5pm EST).


11. Prohibited Content

  • When using Agency Crate LLC's Platform, you agree not to send or propagate any prohibited content, including but not limited to:

Unlawful or Harmful Content

  • Content that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable.

Fraudulent Activities

  • Engaging in any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activities.

Pirated Software and Harmful Code

  • Distributing pirated computer programs, viruses, worms, Trojan horses, or other forms of harmful code.

Illegal Products or Services

  • Offering any product, service, or promotion that is illegal in the jurisdiction where it is received.

Personal Health Information

  • Sharing any content that involves or references personal health information protected by the Health Insurance Portability and Accountability Act (HIPAA) or the Health Information Technology for Economic and Clinical Health Act (HITECH Act).

Other Prohibited Content

  • Disseminating any other content that is forbidden by the applicable laws in the jurisdiction from which the message is sent.

Additional Responsibility

  • You are responsible for ensuring that your content complies with all applicable laws and regulations.


12. Dispute Resolution


In the event of a dispute, claim, or controversy between you and Agency Crate LLC or any third-party service provider acting on our behalf within the scope of the Program, including but not limited to disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, such disputes will be resolved by arbitration in St. Petersburg, FL before a single arbitrator, to the fullest extent permitted by law.


No Class Actions:

You and Agency Crate LLC agree to waive the right to a trial by jury or to participate in a class action. This arbitration agreement is governed by the Federal Arbitration Act (the "FAA").


Arbitration Process:

The dispute will be arbitrated according to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. The arbitrator will apply the substantive laws of the Federal Judicial Circuit where Agency Crate LLC’s principal place of business is located. Parties must select an arbitrator with at least five years’ experience and relevant knowledge within ten (10) calendar days after the arbitration demand is served. If the parties cannot agree on an arbitrator, the AAA will appoint one who meets these requirements.


Emergency Measures:

The AAA’s rules governing Emergency Measures of Protection will apply instead of seeking emergency injunctive relief from a court.


Arbitrator's Decision:

The arbitrator’s decision will be final and binding with no right of appeal, except as provided by Section 10 of the FAA. Each party will bear its share of the arbitration fees, but the arbitrator may order one party to pay all or part of the fees as part of a reasoned decision. The arbitrator is only authorized to award attorneys’ fees if explicitly permitted by statute or contract and cannot award punitive damages.


Privacy of Proceedings:

Unless required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.


Changes to Arbitration Provision:

If Agency Crate LLC makes any future change to this arbitration provision, you can reject the change by sending written notice within 30 days of the change to Agency Crate LLC at 7901 4th St N #20470, St Petersburg, FL 33702, United States. If you do so, the arbitration provision as it was before the changes you rejected will continue to govern any disputes between you and Agency Crate LLC.


Severability and Waiver:

If any part of this Section is found to be invalid, illegal, or unenforceable, it will not affect the rest of the Section. If a dispute proceeds in court rather than arbitration for any reason, the parties waive any right to a jury trial.


Survival of Provision:

This arbitration provision will survive the termination or cancellation of your agreement to participate in any of our Programs.


13. State Law Compliance


Agency Crate LLC is committed to complying with state-specific telemarketing and solicitation laws. The following outlines our approach to compliance in specific states:


Florida:

We strive to comply with the Florida Telemarketing Act and the Florida Do Not Call Act for Florida residents. You are presumed to be a Florida resident for the purposes of this Program if, at the time of opting in, (1) your provided shipping address is in Florida, or (2) the phone number used for opt-in has a Florida area code. If neither of these criteria are met, or if you do not explicitly inform us in writing that you are a Florida resident, the Florida Telemarketing Act and Florida Do Not Call Act will not apply to you. As a Florida resident, you agree that mobile messages sent by us in direct response to your messages or requests (including responses to keywords, opt-in, help or stop requests, and shipping notifications) do not constitute a "telephonic sales call" or "commercial telephone solicitation phone call" under Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.


Washington:

In accordance with Washington law, we aim to comply with commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110, and 19.158) as applicable to Washington residents. For compliance purposes, you are assumed to be a Washington resident if the phone number used to opt into the Program has a Washington area code at the time of opt-in.


Oklahoma:

We endeavor to adhere to the Oklahoma Telephone Solicitation Act of 2022 for Oklahoma residents. You will be considered an Oklahoma resident for this Program if the phone number used for opt-in has an Oklahoma area code at the time of opt-in. If you do not meet this criterion and do not affirmatively inform us in writing of your Oklahoma residency, the Oklahoma Telephone Solicitation Act's requirements will not apply. As an Oklahoma resident, you agree that mobile messages sent by us in direct response to your requests (including responses to keywords, opt-in, help or stop requests, and shipping notifications) do not constitute a "telephonic sales call" or "commercial telephone solicitation phone call" under Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4, and 775C.5), to the extent the law is otherwise relevant and applicable.


14. Miscellaneous


You affirm and represent to Agency Crate LLC that you possess all necessary rights, power, and authority to agree to these terms and fulfill your obligations herein. Additionally, your adherence to this Agreement and performance under these obligations will not result in a breach of any other contract or obligation to which you are subject.


Non-Waiver:

The failure of either party to exercise any right provided in this Agreement should not be seen as a waiver of any further rights hereunder.


Severability:

If any part of this Agreement is deemed unenforceable or invalid, that portion shall be modified or eliminated to the minimum extent necessary so that the remainder of this Agreement remains in full force, effect, and enforceable.


Adaptation to Changes:

Any new features, changes, updates, or improvements to the Program will be subject to these terms, unless explicitly stated otherwise in writing. Agency Crate LLC reserves the right to modify these terms periodically. Any amendments to this Agreement will be communicated to you. Until such communication, the terms of this Agreement as last made available to you prior to the receipt of any notice will continue to govern our relationship. It is your responsibility to regularly review this Agreement and be informed of any changes. By continuing to participate in the Program following any such changes, you agree to this Agreement, as modified.