SMS Terms and Conditions

Please fully and carefully read these SMS Terms and Conditions. These SMS Terms and Conditions contain an arbitration agreement and a class action waiver.

By entering or permitting others to enter your mobile phone number(s) in any Stablish Solutions Inc. (“Stablish”) service, technology, or platform that includes automated messaging functionality (collectively, “SMS Service”):

• You acknowledge and represent to Stablish that you are the current wireless service plan subscriber and/or an authorized user of the mobile phone number(s) that you link to (sign up to receive) the text alert/automated messages service, or you have been granted permission by the wireless service plan subscriber and/or authorized user of the mobile phone number(s) to enroll the mobile phone number(s) in the service.

• You grant Stablish, its affiliates, and third-party property managers and property owners (collectively, the “Message Senders”) express permission to send manual text messages, automated text messages, automated dialing messages, and prerecorded voice messages (collectively, “Text Messages”) to the enrolled mobile phone number(s) through your wireless phone carrier for marketing and non-marketing purposes unless and until such permission is revoked by you in writing in accordance with these SMS Terms and Conditions.

• By granting such permission to the Message Senders, you are hereby requesting to receive Text Messages in spite of the fact that your mobile phone number(s) may otherwise be on the federal or a state’s Do Not Call List and you agree that, to the maximum extent permitted by law, your request overrides any prior Do Not Call request for or related to the SMS Service program you enroll in.

• By signing this agreement, you authorize the Message Senders to deliver or cause to be delivered a telephonic sales call to you using an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called.

• You are not required to directly or indirectly sign this agreement or to agree to enter into this agreement as a condition of purchasing any property, goods, or services.

You are not required to agree to receipt of Text Messages in order to purchase any product or service from Stablish. Depending on the SMS Service program you enroll in, you may receive marketing messages. Stablish is committed to building user trust and confidence by promoting and complying with the use of business practices that help protect the privacy and the security of the customer and their data.

Program Description

The SMS Service allows mobile subscribers to opt-in to receive notifications/information/alerts through Text Messages straight to the subscriber’s phone: (i) regarding your use of the SMS Service and/or (ii) about Stablish’s products and services.

Cost

There are no premium charges for joining the SMS Service for receiving notification/information messages about Stablish products and services; however, standard message and data rates may apply.

Message Frequency

If you opt-in to receive notification/information from the Message Senders, you may receive recurring messages.

Opt-Out

To opt-out of receiving automated messages from Stablish, send an email to support@stablish.com with your opt-out request.

To opt-out of receiving messages from third-party property managers and property owners, contact the third party with your opt-out request.

Support/Help

For support or information about our SMS Service, send an email to support@stablish.com with your request or question.

Privacy Policy

Stablish’s top priority is the privacy of our users. Accordingly, Stablish has developed a detailed Privacy Policy. You and Stablish agree to the terms and conditions of the Privacy Policy, which may be modified by Stablish from time to time. If you have any questions regarding privacy, please read our privacy policy at www.stablish.io/privacy-policy or send us an email at support@stablish.com.

Your Account

If you use the SMS Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Stablish reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Copyrights and Trademarks

The SMS Service, and all content available through SMS Service, is protected by copyright and other intellectual property rights. No portion of the SMS Service may be copied, republished, transmitted, displayed, or distributed in any way without Stablish’s prior written consent. Any such use of the SMS Service’s content for any purpose not authorized by Stablish in writing is a violation of the copyrights of Stablish. You agree to use the SMS Service only as authorized by Stablish.

All trademarks, service marks, logos, and trade names on the SMS Service, whether registered or unregistered, are proprietary to Stablish. You may not reproduce, download, or otherwise use any such trademarks, service marks, logos, or trade names without the prior written consent of Stablish.

No Warranties

Stablish makes no representations or warranties whatsoever regarding Text Messages or the SMS Service. Stablish hereby disclaims all warranties, including any implied representations or warranties of merchantability or fitness for a particular purpose.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT STABLISH AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES UNDER THESE SMS TERMS AND CONDITIONS OR IN ANY WAY RELATED TO THE SMS SERVICE OR TEXT MESSAGES, EVEN IF STABLISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE WIRELESS PHONE CARRIERS ARE NOT LIABLE FOR DELAYED OR UNDELIVERED MESSAGES. FURTHERMORE, STABLISH SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, ACTS OR OMISSIONS BY WIRELESS PHONE CARRIERS OR ACTS OR OMISSIONS THAT CAUSE DELAYS IN THE TRANSMISSION OF TEXT MESSAGES.

Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STABLISH AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, LIABILITIES, ACTIONS, CAUSES OF ACTION, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), JUDGMENTS, OR PENALTIES OF ANY KIND OR NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SMS SERVICE OR RECEIPT OF TEXT MESSAGES IN CONNECTION WITH THE SMS SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT.

Arbitration and Class Action Waiver

IN THE EVENT YOU AND STABLISH (OR ANY AFFILIATE OF STABLISH) HAVE ANY DISPUTE RELATING TO YOUR USE OF ANY SMS SERVICE, YOUR RECEIPT OF TEXT MESSAGES, OR THESE SMS TERMS AND CONDITIONS (“DISPUTE”), YOU AND STABLISH AGREE TO BINDING INDIVIDUAL ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER THE FEDERAL ARBITRATION ACT (“FAA”), AND NOT TO SUE IN COURT IN FRONT OF A JUDGE OR JURY. INSTEAD, A NEUTRAL ARBITRATOR WILL DECIDE AND THE ARBITRATOR’S DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FAA. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY AREN’T ALLOWED; AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY SUCH LAWSUITS, ARBITRATIONS, ACTIONS, AND PROCEEDINGS IN CONNECTION WITH ANY DISPUTE.

MAIL A NOTICE OF DISPUTE FIRST. IF YOU HAVE A DISPUTE, YOU MUST SEND A NOTICE OF DISPUTE BY U.S. MAIL TO STABLISH AT: STABLISH, ATTN: LEGAL, 20632 Skouras Drive, Winnetka CA 91306.
ARBITRATION PROCEDURE. THE AAA WILL CONDUCT ANY ARBITRATION UNDER ITS COMMERCIAL ARBITRATION RULES (OR IF THE VALUE OF THE DISPUTE IS $75,000 OR LESS, ITS CONSUMER ARBITRATION RULES). IN A DISPUTE INVOLVING $25,000 USD OR LESS, ANY HEARING WILL BE TELEPHONIC UNLESS THE ARBITRATOR FINDS GOOD CAUSE TO HOLD AN IN-PERSON HEARING INSTEAD. ANY IN-PERSON HEARING WILL TAKE PLACE IN LOS ANGELES, CA. THE ARBITRATOR MAY AWARD THE SAME DAMAGES TO YOU INDIVIDUALLY AS A COURT COULD, SUBJECT TO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE SMS TERMS AND CONDITIONS. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY TO YOU INDIVIDUALLY TO SATISFY YOUR INDIVIDUAL CLAIM, SUBJECT TO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE SMS TERMS AND CONDITIONS AND SUBJECT TO SUBSECTION 8 BELOW.
MUST FILE WITHIN ONE YEAR. YOU AND STABLISH MUST FILE IN ARBITRATION ANY DISPUTE (EXCEPT INTELLECTUAL PROPERTY DISPUTES) WITHIN ONE YEAR FROM WHEN IT FIRST COULD BE FILED. OTHERWISE, IT’S PERMANENTLY BARRED.
REJECTING FUTURE ARBITRATION CHANGES. YOU MAY REJECT ANY CHANGE STABLISH MAKES TO THIS ARBITRATION AGREEMENT (OTHER THAN ADDRESS CHANGES) BY SENDING US NOTICE WITHIN 30 DAYS OF THE CHANGE BY U.S. MAIL TO THE ADDRESS LISTED IN SECTION (B) ABOVE. IF YOU DO, THE MOST RECENT VERSION OF THIS ARBITRATION AGREEMENT BEFORE THE CHANGE YOU REJECTED WILL APPLY.
SEVERABILITY. IF THE CLASS ACTION WAIVER IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THOSE PARTS WON’T BE ARBITRATED BUT WILL PROCEED IN COURT, WITH THE REST PROCEEDING IN ARBITRATION. IF ANY OTHER PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED BUT THE REST OF THIS ARBITRATION AGREEMENT STILL APPLIES.
CONFLICT WITH AAA RULES. THIS AGREEMENT GOVERNS IF IT CONFLICTS WITH THE AAA’S COMMERCIAL ARBITRATION RULES OR CONSUMER ARBITRATION RULES.
STABLISH AFFILIATES ARE THIRD-PARTY BENEFICIARIES. STABLISH AND OTHER AFFILIATES OF STABLISH ARE NOT PARTIES TO THIS ARBITRATION AGREEMENT BUT ARE INTENDED THIRD-PARTY BENEFICIARIES OF YOUR AGREEMENT WITH US TO RESOLVE DISPUTES THROUGH ARBITRATION.

Nothing in these SMS Terms and Conditions will be interpreted to waive your right to seek public injunctive relief under California’s consumer protection statutes.

Severability

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

Applicable Law

These SMS Terms and Conditions are to be governed by and construed in accordance with the law of the State of California, without reference to its conflicts of law rules.

Changes

Stablish reserves the right to change these SMS Terms and Conditions or cancel the SMS Service at any time, subject to your ability to reject changes to the Class Action Waiver and Binding Arbitration Section as expressly set forth therein. Your continued use of the SMS Service or acceptance of Text Messages from Stablish after changes are made to these SMS Terms and Conditions will be deemed acceptance of these SMS Terms and Conditions as modified by the posted changes. Therefore, please check these SMS Terms and Conditions on a regular basis.