SMARTHOP SMS TERMS AND CONDITIONS
Last Updated: September 10, 2021
SmartHop, Inc. (hereinafter, “SmartHop,” “we,” “us,” and/or “our”) offers a mobile messaging program (the “Program”) whereby we (or others on our behalf) may send participants marketing and non-marketing text messages as further described in these SMS Terms and Conditions (these “Terms”).
PLEASE READ THESE TERMS CAREFULLY — THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS BETWEEN YOU AND SMARTHOP GOVERNING YOUR USE AND PARTICIPATION IN THE PROGRAM. BY OPTING IN TO RECEIVE SMS MESSAGES FROM US, YOU: (1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS; (2) REPRESENT THAT YOU ARE ELIGIBLE TO ENTER INTO THESE TERMS PURSUANT TO THE ELIGIBILITY REQUIREMENTS SET FORTH IN SECTION 1 BELOW; AND (3) EXPRESSLY CONSENT TO RECEIVE MARKETING AND NON-MARKETING TEXT MESSAGES, FROM US AND OTHERS TEXTING ON OUR BEHALF, INCLUDING TEXT MESSAGES MADE WITH AN AUTO-DIALER, AT THE TELEPHONE NUMBER(S) YOU PROVIDE. THESE TERMS ARE LIMITED TO SMARTHOP’S SMS MESSAGING PROGRAM AND ARE NOT INTENDED TO MODIFY OTHER TERMS AND CONDITIONS OR AGREEMENTS THAT MAY GOVERN THE RELATIONSHIP BETWEEN YOU AND US IN OTHER CONTEXTS.
PLEASE NOTE, THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AS EXPLAINED IN SECTION 15. IN ADDITION, PLEASE BE ADVISED THAT SMARTHOP DOES NOT PROVIDE WARRANTIES FOR THE PROGRAM AND THESE TERMS LIMIT OUR LIABILITY AS SET FORTH IN SECTION 12 AND 13.
IF YOU DO NOT AGREE TO THESE TERMS, OR DO NOT CONSENT TO RECEIVE TEXT MESSAGES UNDER THE PROGRAM, INCLUDING TEXT MESSAGES MADE WITH AN AUTO-DIALER, DO NOT OPT-IN TO THE PROGRAM.
YOU MAY OPT-OUT OF RECEIVING MOBILE MESSAGES AS PART OF THE PROGRAM AT ANY TIME AS DESCRIBED IN SECTION 5. CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED TO PURCHASE SERVICES FROM SMARTHOP.
1. Eligibility. To receive opt-in to the Program or otherwise receive text messages from us as part of the 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 Program, and authorized to incur any mobile message or data charges incurred by participating. SmartHop reserves the right to require you to prove the foregoing to participate in the Program.
2. Program Description. As a participant of the Program, SmartHop, and our applicable service providers on our behalf, will text message you via SMS/MMS text messages to provide you with information concerning certain SmartHop products, services, and promotions (“Marketing Messages”), and/or, if you have obtained access to the SmartHop online platform and related operations and support services to manage and book trucking loads, track performance (the “Service”), information concerning your account activity, onboarding assistance, and/or your access and/or use of the Service (“Service Communications”). SmartHop 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 Program. You agree that you will not use the Program for any illegal or unlawful purposes.
4. How to Opt-In. The Program allows participants to receive SMS text messages by affirmatively opting into the Program, such as through online forms or during your registration of an account to access the Service. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that your consent to receive test messages and/or opt-in to the Program is not required to make any purchase from us. While you consent to receive messages sent using an Auto-dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an Auto-dialer.
5. How to Opt-Out. To stop receiving text messages from SmartHop, text STOP to the number from which you are receiving the applicable Marketing Messages and/or Service Communications. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
6. Cost. SmartHop does not impose a separate fee for sending SmartHop text messages under the Program.However, standard message and data rates may apply to each text message sent or received in connection with SmartHop text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans).
7. Message Frequency. The number of SmartHop mobile messages that you receive will vary depending on whether you have opted-in to receive Marketing Messages and/or Service Communications as part of the Program, and will also vary depending on your account activity and your communication with SmartHop.
8. Access or Delivery to Mobile Network is Not Guaranteed. 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 SmartHop’s control, and SmartHop is not responsible or liable for issues arising from them.
9. Support/Help. For support regarding the Program, text “HELP” to the number you received messages from. You may also receive help by contacting us via email at email@example.com.
10. Supported Carriers. Supported carriers may change from time to time.
11. Duty to Inform and Indemnify. You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying SmartHop immediately if you change your mobile telephone number. You may notify SmartHop of a number change by contacting us via email at firstname.lastname@example.org. YOU AGREE TO INDEMNIFY SMARTHOP IN FULL FOR ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR CAUSED IN WHOLE OR IN PART BY YOUR FAILURE TO NOTIFY SMARTHOP 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 OF 1991, AS AMENDED FROM TIME-TO-TIME AND AS ENFORCED BY COURTS OR ANY FEDERAL OR STATE AUTHORITY.
12. Disclaimer of Warranty. THE 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. SMARTHOP DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, ACCURACY, SATISFACTORY PURPOSE AND NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion and/or limitation of implied warranties or conditions, so the above limitations or exclusions may not apply to you. In such event, SmartHop’s warranties and conditions with respect to the Program will be as limited as permissible under applicable law in such jurisdiction.
13. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL: (I) SMARTHOP BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE PROGRAM (OR ANY PART THEREOF), EVEN IF SMARTHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) SMARTHOP’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE PROGRAM (OR ANY PART THEREOF), EXCEED FIFTY DOLLARS ($50.00). SMARTHOP DISCLAIMS ALL LIABILITY OF ANY KIND OF SMARTHOP’S SUPPLIERS.
14. Governing Law. These Terms are governed by the laws of the State of Florida, United States of America without giving effect to any conflict of laws principles.
15. Arbitration. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND SMARTHOP ARISING OUT OF OR RELATING IN ANY TO THESE TERMS, ANY TEXT MESSAGES BETWEEN YOU AND SMARTHOP OR ANYONE ACTING ON YOUR OR SMARTHOP’S BEHALF, OR THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE AGREEMENT TO ARBITRATE, THE CLASS ACTION WAIVER BELOW, AND/OR THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY THROUGH FINAL, BINDING AND CONFIDENTIAL ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER IN ACCORDANCE WITH THE ARBITRATION RULES THEN IN EFFECT; PROVIDED THAT IF YOUR USE OF THE PROGRAM HAS BEEN PRINCIPALLY FOR PERSONAL OR HOUSEHOLD USE, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES WILL ALSO APPLY.
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.).
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). SmartHop’s address for Notice is: SmartHop, Inc., 78 SW 7th St. Fifth Floor Miami, FL 33130. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or SmartHop may commence an arbitration proceeding.
The arbitration shall take place in Miami, Florida unless otherwise mutually agreed to by the parties. The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration and shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. The arbitration proceedings and any information and materials furnished during the arbitration shall be treated as confidential. Unless otherwise required by applicable law, the arbitrator shall not have the power to award damages except to the extent specifically permitted by this Agreement. There shall be no pre-arbitration discovery except as provided for in the applicable rules. The arbitrator will honor claims of privilege recognized by law. The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with experience in consumer and technology transactions and who is also a member of the AAA National Roster of Arbitrators. If the parties can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications. Any judgment on the award rendered by the arbitrator shall be binding, final, and confidential, and may be entered in any court of competent jurisdiction, and each of the parties irrevocably submits to the jurisdiction of such court for confirmation or recognition or enforcement of any award rendered by the arbitral tribunal in accordance with, inter alia, the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The AAA’s rules are available at www.adr.org, or by calling 1-800-778-7879.
If either party challenges the right of the other party to obtain arbitration of a dispute between them, or otherwise seeks to file a court action notwithstanding the agreement of the parties to arbitrate disputes, any such legal suit, action or proceeding arising out of or relating to this Agreement shall be commenced solely in the U.S. federal court for the Southern District of Florida, United States of America, and each party hereto irrevocably submits to the exclusive jurisdiction and exclusive venue of any such court in any such suit, action or proceeding.
YOU MAY OPT-OUT OF THE AGREEMENT TO ARBITRATE BY PROVIDING SMARTHOP WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS. YOUR NOTICE MUST BE SENT TO: SMARTHOP, INC., ATTENTION: ARBITRATION OPT-OUT AT 78 SW 7TH ST FIFT FLOOR MIAMI, FL 33130, AND INCLUDE: (I) YOUR FULL NAME (FIRST AND LAST); (II) THE PHONE NUMBER USED TO OPT-IN TO THE PROGRAM; AND (III) A CLEAR STATEMENT THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE.
NO CLASS ACTIONS: YOU MAY ONLY RESOLVE DISPUTES WITH SMARTHOP ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN’T ALLOWED UNDER THESE TERMS.
Time Limitation to Bring Claims: Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use or participation in the Program must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
16. Changes to Terms and Conditions. SmartHop reserves the right to update or modify these Terms at any time. The revised Terms will be posted on the web page www.smarthop.co/sms-terms. All updates and modifications to these Terms will be effective from the day they are posted online (except as stated below). If we make any material changes to these Terms, we will notify you of these changes by posting a notice of the changes on our website located at www.smarthop.co (the “Site”) and we may send you a text message and/or email to your number or email address, as applicable, that we have on file for you. It is your responsibility to regularly visit and review these Terms. If you do not agree to any updates or modifications to these Terms, you must opt-out of the text message program as set forth in Section 5. Your continued consent to receive SmartHop text messages after we have posted the updated the Terms, or, in the event of material changes, if you have not opted-out to receive SmartHop text message within ten (10) days following the date we posted the notice of such changes on the Site and/or notified you via text or email, as applicable, signifies to us that you acknowledge and agree to be bound by the Terms.
17. Termination of Text Messaging. SmartHop may suspend or terminate your receipt of SmartHop text messages if SmartHop believes you are in breach of these Terms. Your receipt of SmartHop text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. SmartHop reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Program, and/or any SmartHop text messages, with or without notice.
18. Contact Us. Please feel free to contact us at email@example.com if you have any questions about these Terms