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Tradesmen International Mobile Message (Text) Terms & Conditions

Important Notice Regarding Claims and Agreement to Arbitrate

Please note: these Terms contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which limits your right to sue in court or seek a jury trial for disputes relating to your use of the Website. These are found in the Disclaimer of Warranties and Dispute Resolutions Sections below. Please read these terms carefully and make sure that you understand them before continuing with your use of the Website. If you do not agree to such terms, please do not use the Website.

About Tradesmen International Mobile Alerts

Tradesmen International Mobile Alerts for skilled laborers (the “Service”) are text messages that promote Tradesmen International employment opportunities.

How do I sign up for Tradesmen International Mobile Alerts?

Sign up for Tradesmen International Mobile Alerts by texting the texting the keyword JOIN to the short code 22109. Upon submission of your mobile number (“Your Mobile Number”) to the Tradesmen International Mobile Alert program, you will receive an SMS text message requesting you to confirm that you consent to receive text messages to Your Mobile Number. By signing up, you may receive approximately four (4) auto text messages per month with content that may include SMS as well as MMS messages. Tradesmen International Mobile Alerts are not mobile spam. The Service is a recurring message program and is only valid in the U.S.

Billing/Pricing, Opt Out, Supported Carriers, or Help questions?

Is it free?

Although all Tradesmen International Mobile Alerts are complimentary, message and data rates may apply. Depending on your text plan, you may be charged by your carrier. By enrolling in the Service, you certify that you are 18 or older and that (a) you are the account holder or (b) you have the account holder’s permission to do so.

Opt Out

To stop receiving Tradesmen International Color2U Mobile Alerts, simply text STOP to the short code 22109 from Your Mobile Number, or call 1-800-573-0850. After doing so, you will receive a text message confirmation of your opt-out, and thereafter, you will no longer receive Tradesmen International text messages to Your Mobile Number.

What if I want to opt back in?

You can start receiving Tradesmen International Mobile Alerts again by texting the indicated keyword JOIN to the short code 22109. You will receive an SMS text message welcoming you back to the Service.

What are the Participating Carriers?

The Service is available on many carriers including AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, Alltel, 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, C Spire Wireless, Cricket, Cincinnati Bell and Virgin Mobile. The Service is not compatible with all cell phone models. Neither Tradesmen International nor any such carrier is responsible for any non-deliveries or delays upon sending or receiving text message.

Help

For help with Tradesmen International Mobile Alerts, please text keyword HELP to 22109, call 1-800-573-0850 or e-mail customer support at helpdesk@tradesmeninternational.com.

Mobile Services Terms and Conditions Definitions

“You” means the person who signs up to participate in, or uses in any way, Tradesmen International Mobile Alerts. “We,” “our,” “us,” and “provider” refer to Tradesmen International, LLC, as well as any other person or entity providing any service, applications or content to you from us or on our behalf.

“Applications” and/or “Content” refer to any file, device or software that can be downloaded by you to either a computer or a wireless device such as a handset or a personal digital assistant.

“Service” means the Tradesmen International Mobile Alerts and any associated Applications or Content.

Acceptance by You

By using the Service provided by us, you have agreed to be bound by these terms and conditions (this “Agreement”). If you do not agree with this Agreement, you must immediately cease using the Service and opt-out, as described above. We may update or amend this Agreement at any time, and such amendments will be effective upon our posting of the updated Agreement here. We may also elect to send you a text message to Your Mobile Number to advise you of such amendments. You may review this Agreement, and any amendments hereto, at any time by accessing the Website. If you do not agree to the Agreement as amended, you must immediately cease using the Service and opt-out, as described above. Your continued access or use of the Service after such posting constitutes your consent to be bound by the Agreement, as amended.

Service Description and Message Frequency

Tradesmen International Mobile Alerts may include new employment opportunities, additional information requests, or general business information for active employees. Tradesmen International will send approximately four (4) auto text messages per month.

Commands

Stop: At any time, you can text STOP to the short code 22109. You will receive a text message confirmation of your opt-out, and thereafter, you will no longer receive any Tradesmen International text messages to Your Mobile Number, unless you opt-back in.

Help: At any time, you can text HELP to the short code 22109. Texting HELP will return the following message:

TI: For Mobile Alerts help, call 800.573.0850. Approx. 4 msg/mo. To opt-out reply STOP. Msg&Data Rates May Apply.

Contact Information

You represent that you are the account holder or you have the account holder’s permission to enter Your Mobile Number in the Tradesmen International Mobile Alerts Service 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 the provider regarding your use of the Service, including that you agree to advise us immediately if you cease being the subscriber or regular user of Your Mobile Number.

Dispute Resolution

We hope to make you a happy customer, but if there’s an issue that needs to be resolved, this section outlines what is expected of both of us. Most customer concerns can be resolved quickly and to your satisfaction by contacting our customer service department at 800.573.0850 or by contacting us here. In the unlikely event that we are unable to resolve your concern or a complaint that you may have, we each agree to resolve any and all disputes through binding arbitration or small claims court as set forth below.

Mandatory, Bilateral Arbitration & Class Action/Jury Trial Waiver

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. 

Please read this carefully. It affects your rights. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TRADESMEN INTERNATIONAL, LLC AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes 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. You and the provider hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TRADESMEN INTERNATIONAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND TRADESMEN INTERNATIONAL AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Tradesmen International are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Tradesmen International, however, will pay for the arbitration’s administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. Unless you and Tradesmen International agree otherwise in writing, the arbitration will take place in the county of your home address.

Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of such court’s jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

Additional Terms & Conditions for all Tradesmen International SMS Text Programs

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THIS SERVICE OFFERED TO THE PUBLIC BY PROVIDER COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS OR ACTS OF GOD. WE DO NOT PROMISE ERROR-FREE SERVICE. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS MESSAGES AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR NETWORK OPERATOR.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation of Liability

We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees, except that the foregoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by the tradesmen international parties’ negligence, gross negligence, recklessness, fraud or other willful, unconscionable or intentional misconduct. Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys’ fees or other remedies afforded by statute or other law.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

No Offer of Employment

No text message sent as part of the Service shall be considered an offer of employment. An application for employment is required to receive employment at Tradesmen International. Completing an application of employment does NOT guarantee an offer of employment from Tradesmen International.

Applicable Law

Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Ohio.

Last modified: 3/30/2017