Terms & Conditions
Helstowski & Helstowski Law Office (“H&H”) offers its customers both recurring text messaging programs and occasional one-time or limited-duration text messaging programs. These Terms and Conditions govern all H&H text message programs.
HOW TO SIGN UP FOR TEXTS
You may sign up for an H&H text message program by texting or other keywords H&H to (714) 699-9696, filling out a form on our website or otherwise providing your consent. You may need to confirm your consent, such as by replying Yes or Y to an initial text message sent to you. When you agree to participate in H&H text messaging programs, you typically agree to receive recurring messages with information, alerts, and special offers from H&H. However, there may be programs where H&H specifies that it will send a certain number or up to a certain number of text messages (for example, if you participate in a promotion or request a coupon code, you may receive a certain number of text messages only related to that promotion or you may only receive one text with the coupon code).
MARKETING TEXTS
Messages may be in SMS or MMS format and may contain marketing content. Text messages may be sent using an automatic telephone dialing system. Consent to receive such messages is not required as a condition to purchase any goods or services from H&H. Message and data rates may apply.
HOW TO STOP TEXTS
You may stop receiving text messages from us at any time by replying STOP or texting STOP to (714) 699-9696. You will receive one final text message confirming that you have opted out. For additional help, email cs@caclf.com.
YOUR WARRANTY
By signing up for this program, you represent and warrant that you are the account holder or authorized user of the mobile telephone number associated with your enrollment and are at least 21 years of age or have a parent or guardian’s permission in order to participate. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services. Pre-paid users may not be able to participate – check with your mobile service provider.
CHANGE OF PHONE NUMBER
If you change your mobile phone number, you agree to promptly notify H&H of the change. In the event that you change or deactivate your mobile number it is your responsibility to notify H&H by email at cs@caclf.com to have your number removed.
TEXT FREQUENCY
Additionally, H&H reserves the right to alter message frequency at any time, i.e., we may change the frequency of texts that you receive under a program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out.
PROGRAM PARTICIPATION
Your participation in an H&H text message program is subject to our website Terms of Use [https://caclf.com/tos/] and Privacy Policy [https://caclf.com/privacy-policy/]. To the extent of any inconsistency, the terms and conditions in these Terms take precedence. California residents may have additional rights under our California Privacy Policy [https://caclf.com/california-privacy-notice/].
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
THE SERVICES PROVIDED BY OUR TEXT MESSAGING PROGRAMS AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED IN ACCORDANCE WITH THE NOTICES, TERMS, AND CONDITIONS SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESE SERVICES AND MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP TO DATE. THESE SERVICES AND MATERIALS MAY BE CHANGED FROM TIME TO TIME.
OUR TEXT MESSAGING PROGRAMS ARE OPERATED BY KLAVIYO ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, H&H AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES, DIVISIONS, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, ATTORNEYS, AND AGENTS (COLLECTIVELY, THE “H&H AFFILIATES”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OR AVAILABILITY OF THE SERVICES OR MATERIALS IN OUR TEXT MESSAGING PROGRAMS FOR ANY PURPOSE AND ALL SUCH SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE H&H AFFILIATES AND ALL THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF OUR TEXT MESSAGING PROGRAMS IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE H&H AFFILIATES OR THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR TEXT MESSAGING PROGRAMS, THE MATERIALS IN OUR TEXT MESSAGING PROGRAMS, THE DELAY OR INABILITY TO USE OUR TEXT MESSAGING PROGRAMS, OR OTHERWISE ARISING IN CONNECTION WITH OUR TEXT MESSAGING PROGRAMS, WHETHER BASED ON CONTRACT, TORT, OR STRICT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT OR TORTIOUS BEHAVIOR.
THE H&H AFFILIATES MAKE NO REPRESENTATION THAT CONTENT PROVIDED IN OUR TEXT MESSAGING PROGRAMS IS APPLICABLE TO OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the H&H Affiliates harmless from and against any and all claims, actions, demands, losses, damages, liabilities, deficiencies, judgments, interest, awards, penalties, fines, costs and expenses of whatever kind, including attorneys’ fees and the cost of enforcing any right to indemnification hereunder, arising from or related to your use of our text messaging programs or your breach or alleged breach of these terms.
SEVERABILITY
If any part of these terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall govern such use.
CHANGES TO TERMS
These terms and conditions are subject to change at any time. If we make material changes, we may notify active users via a text message sent to the number you used to sign-up for our text message program(s).
