U.S. LawShield® Mobile Messaging & Telephone Terms and Conditions and Mobile Messaging & Telephone Privacy Policy

Effective: November 30, 2023

U.S. Law Shield, LLC, Texas Law Shield, LLC, and each of their subsidiaries, affiliates, and divisions (“U.S. LawShield,” “Company,” “We,” “Us,” or “Our”) offer a Mobile Messaging & Telephone Program (for purposes of these Terms, the “Program”), which you agree to use and participate in subject to these Mobile Messaging & Telephone Terms and Conditions and Mobile Messaging & Telephone Privacy Policy (the “Terms”). The U.S. LawShield Privacy Policy and U.S. LawShield Terms and Conditions provide information and notices concerning Our collection, use, and disclosure of your information, and are incorporated herein by reference.

By opting into or participating in Our Program, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with Us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” and “Binding Arbitration” sections below. These Terms are limited to the Program and are not intended to modify other terms and conditions or privacy policy(ies) that may govern the relationship between you and Us in other contexts.

Modification of Terms: We reserve the right to revise these Terms from time to time without advanced notice or liability. If We do revise these Terms, the revised terms will supersede prior versions. Unless We say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms and any change to these Terms will be effective as soon as they are displayed. While notice of any updates to these Terms may be communicated to you, including but not limited to by mobile message with a link to the updated Terms, it is your responsibility to check these Terms periodically for any changes. Your continued participation in the Program constitutes your acceptance of any revisions. If you do not agree to the revisions, you must opt out of the Program.

Participant Requirements: Depending on the method of contact (see below), participants in the Program must be wireless service subscribers with a wireless device of their own that has mobile text messaging services provided by a participating wireless carrier. The device must be capable of two-way messaging. Not all cellular phone providers carry the necessary service to participate. Participants must check their phone capabilities for specific text messaging instructions.

User Opt-In: Depending on the consent provided, the Program allows users to receive promotional and informational communications from U.S. LawShield, including employees and agents thereof, by mobile message (including but not limited to text or SMS messages and/or via any automated dialing or texting system), and/or telephone call (including but not limited to via any automatic telephone dialing system and/or artificial or prerecorded voice, which includes any message left on any voicemail or answering machine) by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program.

Mobile Messaging:

By participating in the Program, you agree to receive autodialed marketing, promotional, and/or non-promotional communications, including account updates, by mobile message, including via any short code messaging program, at the phone number associated with your opt-in, and you understand that neither opting into nor participating in the Program is required to make any purchase from Us. While you consent to receive communications by mobile message, including those sent using an automated dialing or texting system, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Carriers are not liable for delayed or undelivered messages.

If you are experiencing issues with the messaging program, you can reply to any message with “HELP” for more assistance, or you can get help directly by calling 877-448-6839.

Telephone:

By participating in the Program, you agree to receive autodialed or prerecorded marketing, promotional, and/or non-promotional communications, including account updates, by telephone call at the phone number associated with your opt-in, and you understand that neither opting into nor participating in the Program is required to make any purchase from Us. While you consent to receive communications by telephone, including those sent using an automated dialing and/or artificial or prerecorded voice, the foregoing shall not be interpreted to suggest or imply that any or all of Our calls utilize an automatic telephone dialing system (“ATDS” or “autodialer”) or artificial or prerecorded voice. Message and data rates may apply.

User Opt-Out: We are committed to ensuring compliance with all applicable laws and regulations. If you do not wish to continue participating in the Program or no longer agree to these Terms, you acknowledge and understand that you may opt-out and/or revoke your consent at any time.

Mobile messaging:

If you are experiencing issues with the messaging program, you can reply to any message with “HELP” for more assistance, or you can get help directly by calling 877-448-6839.

You can cancel your participation in mobile messaging, including SMS service, at any time. You agree to reply “STOP” to any mobile message from Us in order to opt out of the Program. By texting “STOP” to any mobile message from Us, including any received via short code, you will be opted out. We will send you a message to acknowledge that you have unsubscribed, and you will thereafter no longer receive messages from Us. If you wish to join again, just sign up as you initially or through another sign-up method, and We will begin sending mobile messages to you again.

Alternatively,you may opt out of the Program by calling 877-448-6839.

Telephone:

If you are experiencing issues with the telephone program, you can get help directly by calling 877-448-6839.

You can cancel your participation at any time. You may opt out of the Program by calling 877-448-6839. A request can also be made by giving the phone number(s) to be added to the Our do-not-call list by writing Us at: U.S. LawShield, 1020 Bay Area Blvd., Suite 220, Houston, TX 77058; or notifying the Company representative who placed the telephone call.  Additionally, you may place your telephone number(s) on the national or state do-not-call registry or list.

Please note that telephone-sales rules typically allow companies to contact their own customers, even if those customers appear on the national or state do-not-call lists. Thus, We may still contact Our customers for non-solicitation purposes, including billing, claims and other service-related matters. This helps to ensure that we give Our customers the best possible customer experience.

Carriers provide daily files for phone numbers that have deactivated from or reassigned within their network or been ported from one carrier to another. We proactively opt out these numbers from Our subscription list.

You understand and agree that the foregoing options are the only reasonable methods of opting out, unless otherwise specified. 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 otherwise verbally requesting one of Our employees to remove you from Our list is not a reasonable means of opting out.

Age Restriction and Eligibility: You may not use or engage with the Program if you are under eighteen (18) years of age. By using or engaging with the Program, you acknowledge and agree that you are not under the age of eighteen (18). By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Program. You certify, warrant, and represent that: the phone number(s) provided to Us are your contact number(s) or you are authorized by the individual whose contact number(s) is provided to sign-up for participation in the Program; and, if applicable, you are the subscriber of the cellular service at the mobile or phone number(s) provided or that you are authorized by the subscriber to sign-up for participation in the Program. By using or engaging with the Program, you further acknowledge and agree to the terms set forth in these Terms, and Company’s Privacy Policy and Terms and Conditions, all of which form binding agreements between you and Us.

Duty to Notify and Indemnify: If at any time you intend to stop using the phone number used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the phone number. You understand and agree that your agreement to do so is a material part of these Terms. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of Our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US, OUR AGENTS, AND ANY THIRD-PARTY SERVICE PROVIDER WE USE TO SEND MOBILE MESSAGES OR MAKE TELEPHONE CALLS HARMLESS FROM ANY CLAIM OR LIABILITY, INCLUDING BUT NOT LIMITED TO ANY EXPENSES (INCLUDING ATTORNEYS’ FEES) AND DAMAGES, RESULTING FROM YOUR FAILURE, IN WHOLE OR IN PART, TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (TCPA), 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER YOU PROVIDED.

Program Description:

Mobile messaging:

Without limiting the scope of the Program and depending on the consent provided, users that opt into the Program can expect to receive promotional and non-promotional mobile messages, including text and SMS messages pertaining to Our commercial activities, news and informative updates, your relationship with Us, and any other communications from Us.

Telephone:

Without limiting the scope of the Program and depending on the consent provided, users that opt into the Program can also expect to receive calls concerning Our commercial and/or non-commercial activities, news and informative updates, and your relationship with Us, including, but not limited to, those concerning product advertisements and promotions of any kind, account information, and any other communications from Us.

Cost and Frequency: Company does not charge you for receiving mobile messages or telephone calls.

Mobile messaging:

Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. The Program involves recurring mobile messages and additional mobile messages may be sent periodically, based on your interaction with Us. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Carriers are not liable for delayed or undelivered messages.

Telephone:

Data rates may apply, depending on your plan with your wireless or other applicable provider. Call frequency varies, and additional calls may be made periodically based on your interaction with Us. If you have any questions about your data plan, it is best to contact your phone provider.

Support Instructions: For support regarding the Program:

Mobile messaging:

Reply “HELP” to any mobile message you receive from the Program, or call Us at 877-448-6839.

Telephone:

For support regarding the Program, call Us at 877-448-6839. Alternatively, you may speak with the Company representative who placed the telephone call, if applicable.

Please note that email is not an acceptable method of opting out of the Program. Opt-outs must be submitted in accordance with the User Opt-Out procedures set forth above.

MMS Disclosure: The Program may send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Push Notifications: With your consent, Company may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

Third Parties: Company may use third parties to: (a) facilitate the provision of the Program, including but not necessarily limited to sending you marketing, promotional, non-promotional, and/or informational communications; and/or (b) provide services or information, including but not limited to those for commercial purposes, that are related to the Program and/or the Products and Services, as referenced in Company’s Privacy Policy and Terms and Conditions. Any terms and conditions or other agreements issued by such a third party that are applicable to your participation in the Program and/or use of the “Site,” as referenced in Our Privacy Policy and Terms and Conditions, are an agreement between you and such third party, not Company. We will not be responsible for any failure of such third parties to fulfill their obligations under such terms and conditions or other agreements.

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 or communications provider. We will not be liable for any delays or failures in the receipt of any mobile messages or telephone calls connected with the Program. Delivery of mobile messages and telephone calls is subject to effective transmission from your wireless service provider/telecommunications provider/network operator and is outside of Our control.

Truthful and Accurate Information: When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

Mobile Messaging & Telephone Privacy Policy: We respect your privacy. This Mobile Messaging & Telephone Privacy Policy and Company’s Privacy Policy describes any personal information that We collect or receive, including when you choose to participate in the Program, how We use or disclose your information, and your rights related to your personal information. This Mobile Messaging & Telephone Privacy Policy applies to all personal information collected, used, or shared by Us when you opt-in to the Program and is strictly limited to the Program. The Mobile Messaging & Telephone Privacy Policy has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts. Please contact Us if you have any questions about the information in this Privacy Policy.

As noted in Company’s Privacy Policy, Company does not sell your personal information to third parties. As such, mobile number information will not be shared or sold to third parties outside of U.S. LawShield for marketing/promotional purposes, unless the data subject has provided its express consent to do so.

Short Code Messaging Program: Participants must be at least eighteen (18) years old. For this reason, users are required to verify that they are eighteen (18) or older. By providing your consent individually for each short code, you will receive mobile messages, including text and/or SMS messages. Please find the type of messages sent from each short code number below.

  • 333221 (General Info Hub): This service acts as a comprehensive bulletin, disseminating news updates, weather forecasts, and general announcements to a wide audience.
  • LWSHLD (Legal Insights): This channel offers insights into recent legal developments, court verdicts, and general legal counsel.
  • 2AHELP (Second Amendment Updates): This channel exclusively covers legal updates regarding the Second Amendment, offering news, insights, and discussions regarding 2A.
  • FFLHLP (Firearms Business News): This channel is dedicated to FFL dealers, providing the latest news on firearms transactions, regulatory changes, dealer-specific product launches, and industry best practices.

Without limiting the scope of the Program and depending on the consent provided, users that opt into short code messaging can expect to receive promotional and non-promotional mobile messages, including text and SMS messages, pertaining to Our commercial activities, news and informative updates, your relationship with Us, and any other communications from Us.

Message and data rates may apply for any messages sent to you from Us and to Us from you. Message frequency varies. The short code messaging program involves recurring mobile messages, and additional mobile messages may be sent periodically, based on your interaction with Us. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. We are not liable for any delays or disruptions in message transmission. Carriers are not liable for delayed or undelivered messages.

MMS Disclosure: The Program may send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

For support, reply “HELP” to any mobile message you receive from Us or call Us at 877-448-6839. You can cancel your participation in the Program, including short code messaging, at any time. You agree to reply “STOP” to any mobile message from Us in order to opt out of the Program. By texting “STOP” to any mobile message from Us, including any received via short code, you will be opted out. We will send you a message to acknowledge that you have unsubscribed, and you will thereafter no longer receive messages from Us. Alternatively, you may opt out of the Program by calling 877-448-6839.

If you wish to join again, sign up as you initially did or through another sign-up method, and We will begin sending mobile messages to you again.

Subset of Privacy Policy: Please review the U.S. LawShield Privacy Policy, which may be found at www.uslawshield.com/privacy-policy, which is a part of these Terms and of which these Terms are a subset. Any use of website pages, subdomains, and mobile applications associated with Company, or the provision or supply of  the Products and Services (defined therein), are also subject to the U.S. LawShield Terms and Conditions, available at www.uslawshield.com/terms-and-conditions. Except as otherwise provided herein, these Terms shall control in the event there is any inconsistency between these Terms and the U.S. LawShield Terms and Conditions.

State-Specific Privacy Notices. For state-specific privacy notices and your rights under applicable states’ laws (including regarding California residents as defined in Section 17014 of Title 18 of the California Code of Regulations), which supplement the other parts of the U.S. LawShield Privacy Policy, please review the Privacy Policy, which may be found at www.uslawshield.com/privacy-policy.

To inquire about or exercise any of your rights related to your personal information, please contact Us by calling Us Toll Free at:  877-448-6839; or emailing Us at:  [email protected].

Governing Law and Jurisdiction: These terms and any dispute, controversy, claim, cause of action, or complaint arising therefrom, or out of or in connection with, directly or indirectly, these Terms, the Program, and/or the delivery and functionality of the mobile messages issued or delivered by Company or otherwise as part of the Program, (individually, a “Dispute,” and collectively, “Disputes”) shall be governed by the laws of the State of Texas, without regard to principles of conflict of laws.

Federal and State Courts in Harris County, Texas: Except where arbitration is required, as described below, or with respect to the enforcement of any arbitration decision or award, ANY ACTION OR PROCEEDING ARISING HEREUNDER MAY ONLY BE INSTITUTED IN A STATE OR FEDERAL COURT LOCATED IN HARRIS COUNTY, TEXAS. ACCORDINGLY, ALL PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS FOR SUCH MATTERS.

Dispute Resolution: Most concerns can be resolved quickly and satisfactorily by calling Our Community Care Center at: 877-448-6839. However, if any Dispute cannot be resolved by calling Our Community Care Center, then notice must be provided as specified herein. This dispute resolution procedure does not apply to the substance of any offer or promotion or to product purchases. All parties agree to send a written notice to the other promptly or no later than when the notifying party reasonably should have known or should have become aware of the Dispute (i.e., when the “Dispute Arises”) and at latest within the Limited Time to File Claims, as specified below. This written notice will provide a reasonable description of the Dispute, along with a proposed resolution of it. Notice from Us to you will be sent to you based on the most recent contact information that you provided to Us (including via mobile messaging or email), but if no such information exists or if such information is not current (including if you have unsubscribed to texts or messages), then We have no obligation to send you such notice under this section (the “Dispute Resolution” section). Your notice must be sent to: U.S. LawShield, 1020 Bay Area Blvd., Suite 220, Houston, Texas 77058 (ATTN: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, Company and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or Company to resolve the Dispute on terms with respect to which you and Company are not comfortable.

Binding Arbitration: ANY DISPUTE, AS DESCRIBED ABOVE, THAT CANNOT FIRST BE RESOLVED THROUGH INFORMAL METHODS, AS DESCRIBED ABOVE, WILL BE SUBMITTED TO BINDING ARBITRATION IN HARRIS COUNTY, TEXAS, IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), then in effect except as modified herein. The arbitration will be administered by the AAA. Claims or disputes that fall within the scope of the small claims court’s limited jurisdiction may, however, be submitted to such court. BY AGREEING TO ARBITRATE, EACH PARTY IS WAIVING ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. THE ARBITRATOR WILL APPLY AND BE BOUND BY THESE TERMS AND CONDITIONS AND WILL DETERMINE ANY DISPUTE ACCORDING TO APPLICABLE LAW AND FACTS BASED UPON THE RECORD AND NO OTHER BASIS. ANY DECISION RENDERED IN SUCH ARBITRATION PROCEEDINGS WILL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT MAY BE ENTERED THEREON IN ANY COURT OF COMPETENT JURISDICTION.

All Parties will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if the applicable arbitration rules or laws require Us to pay a greater portion or all of such fees and costs in order for this arbitration provision to be enforceable, then We will have the right to elect to pay the fees and costs and proceed to arbitration.  AAA procedures, rules, and fee information may be obtained by contacting the AAA or visiting its website: AAA: 800.778.7879; www.adr.org.

No Class Action Matters: ALL PARTIES AGREE THAT EACH MAY BRING CLAIMS REGARDING DISPUTES HEREUNDER AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes hereunder will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any Dispute, controversy, or claim of any other party. There will be no right or authority for any Dispute, controversy, or claim to be arbitrated on a class-action basis or on any basis involving any Disputes, controversies, or claims brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction regarding arbitration on a class-action basis is unconscionable or unenforceable, then THE DISPUTE, CONTROVERSY, OR CLAIM MUST BE BROUGHT EXCLUSIVELY IN A STATE OR FEDERAL COURT LOCATED IN HARRIS COUNTY, TEXAS, AS SET FORTH ABOVE. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, ANY AND ALL ISSUES RELATING TO THE SCOPE, INTERPRETATION, AND ENFORCEABILITY OF THE CLASS ACTION WAIVER PROVISIONS CONTAINED HEREIN (DESCRIBED IN THIS “NO CLASS ACTION MATTERS” SECTION) ARE TO BE DECIDED ONLY BY A FEDERAL OR STATE COURT LOCATED IN HARRIS COUNTY, TEXAS, AND NOT BY THE ARBITRATOR. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS.

Limitation of Liability: To the fullest extent permissible pursuant to applicable law, 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 attorneys’ fees.

Limited Time to File Claims: If either Party wants to assert a Dispute against the other, then either Party must commence it within the applicable statute of limitations from when the Dispute Arises, or it will be forever barred. Commencing means, as applicable, (a) by delivery of written notice as set forth above in the “Dispute Resolution” section, (b) filing for arbitration with the AAA as set forth in “Binding Arbitration” section, or (c) filing an action in state or federal court.

Severability: 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, and the legality, validity, and enforceability of the remainder of the Terms will not be affected. If such provision(s) would cease to be illegal, invalid, or unenforceable if some part(s) of that provision(s) were modified or deleted, the provision(s) in question will apply with the least such modification or deletion as may be necessary to make the provision(s) legal, valid, and enforceable, so that these Terms will otherwise remain in full force and effect and enforceable.

Miscellaneous: 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 this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. Any new features, changes, updates, or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing.

Contact Us: For any questions, please contact Us at 877-448-6839.