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Text Message Terms & Conditions

Text Message Terms and Conditions

Veros Credit, LLC (“Us”, “We”, “Our”) offers the option to receive text messages (SMS) and/or multimedia text (MMS) from Us so We can contact you about your account and provide account-related information in conjunction with the services you have requested from Us (“Program”).

 

By providing Us with your mobile number, you consent to receive such SMS and/or MMS messages from Us, We will use it to send you text messages in accordance with these Terms and Conditions, and you agree to these Terms and Conditions (“Terms”) and agree that, pursuant to the Arbitration Provision below, your or We may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the agreement to arbitrate.

 

In providing such consent, you represent and warrant that you understand that: (i) text messages will be sent to the phone number you provide; (ii) text messages may be sent to you using an automatic telephone dialing system; (iii) your consent to receive these text messages is not a condition for you to obtain credit or other services from Us, and (iv) that you have ownership rights or permission to use the number given to Us.

 

Opt-out or STOP. If you wish to stop receiving text messages from Us, reply to any text message We have sent you and in your reply simply type STOP. You understand and agree that the foregoing option is the only reasonable methods of opting out via text. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than STOP is not a reasonable means of opting out. An opt-out confirmation message will be sent back to you. Your stop request will become effective within 48 hours. You may also stop text messages by sending Us your opt-out request in writing identifying your account number and the number(s) you wish to opt-out to: Veros Credit, LLC, P.O. Box 11914, Santa Ana, California 92711, or by email to CustomerService@veroscredit.com. Verbal opt-out requests or revocations are not permitted.

 

If after your opt-out request, you provide that same number listed in the request to Us again in writing or verbally, you agree you are expressly re-authorizing Us and re-consenting to Us contacting you by text message.

Support. To request support, text HELP to any text message We have sent you or email Us at CustomerService@veroscredit.com.

Cost and Frequency. Your cellular provider’s message and data rates may apply to the text message you receive. The number of messages you receive will vary by account.

Duty to Notify. If your phone number changes and you wish to continue receiving text messages, you must notify Us of your new phone number.  If at any time you intend to stop using the mobile telephone number that has been used to receive text message from Us, including canceling your service plan or selling or transferring the phone number to another party, you must complete the opt-out process set forth above prior to ending your use of the mobile telephone number. Your agreement to do so is a material part of these Terms & Conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in the Program.

Our Disclaimer of Warranty. The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.

 

Participant Requirements. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

 

Prohibited Content. You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

 

Miscellaneous. If your device does not support MMS, any MMS messages sent may be delivered as SMS messages. We are not liable for undelivered or delayed messages. We will not share mobile information with third parties or affiliates for marketing or promotional purposes. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of Us to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified.

 

ARBITRATION PROVISION.

PLEASE REVIEW – IMPORTANT – AFFECTS YOUR LEGAL RIGHTS

  1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN YOU AND US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY
  2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
  3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, ANOTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

 

Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, any allegation of waiver of rights under this Arbitration Provision, and the arbitrability of the claim or dispute), between you and Us or Our employees, agents, successors or assigns, which arises out of or relates to obtaining credit or other services from Us, the purchase or condition of your vehicle, a Retail Installment Sale Contract that We are the Holder of, Our Privacy Policy (https://www.veroscredit.com/privacy-policy/), or any resulting transaction or relationship (including any such relationship with third parties) shall, at your or Our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator only on an individual basis and not as a plaintiff in a collective or representative action, or a class representative or member of a class on any class claim. The arbitrator may not preside over a consolidated, representative, class, collective, injunctive, or private attorney general action. You expressly waive any right you may have to arbitrate a consolidated, representative, class, collective, injunctive, or private attorney general action. You or We may choose the American Arbitration Association (www.adr.org) or National Arbitration and Mediation (www.namadr.com) as the arbitration organization to conduct the arbitration. If you and We agree, you or We may choose a different arbitration organization. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.

 

Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in which you reside. We will pay the filing, administration, service, or case management fee and the arbitrator or hearing fee up to a maximum of $5,000, unless the law or the rules of the chosen arbitration organization require us to pay more.  You and We will pay the filing, administration, service, or case management fee and the arbitrator or hearing fee over $5,000 in accordance with the rules and procedures of the chosen arbitration organization. The amount We pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act.

 

You and We retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor We waive the right to arbitrate any related or unrelated claims by filing any action in small claims court, or by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual or

statutory public injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Provision shall survive any termination, payoff or transfer of your Retail Installment Sale Contract held by Us and shall survive any termination or cancellation of your agreement to participate in the Program. If any part of this Arbitration Provision, other than waivers of class rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. You agree that you expressly waive any right you may have for a claim or dispute to be resolved on a class basis in court or in arbitration. If a court or arbitrator finds that this class arbitration waiver is unenforceable for any reason with respect to a claim or dispute in which class allegations have been made, the rest of this Arbitration Provision shall also be unenforceable.