SMS Terms

Opting In. When you opt in to Henry Turley Company Alerts, we will send you an SMS message to confirm your signup.

Opting Out. You can cancel Henry Turley Company Alerts at any time. Just text “STOP” to 901-527-2770. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. You understand and agree that the foregoing option is the only reasonable method of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than that set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. If you want to join Henry Turley Company Alerts again, just sign up as you did the first time and we will start sending SMS messages to you again.

Help. For help or information about Henry Turley Company Alerts, just text “HELP” to 901-527-2770. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our Program as well as how to unsubscribe. If at any time you forget what keywords are supported, just text “HELP” to 901-527-2770 or visit www.henryturley.com.

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. We are able to deliver SMS messages to most major U.S. mobile phone carriers. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Message and Data Rates.  Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency will vary based on the type(s) of SMS messages you have opted in to receive. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about Henry Turley Company Alerts, you can send an email to info@henryturley.com.

Prohibited Content.  You acknowledge and agree to not send any prohibited content over the Program.  Prohibited content includes: any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; any 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.

Not a Condition of Receiving Services. Consent to receive SMS messages as part of Henry Turley Company Alerts is not required as a condition of participation in or eligibility for any services that Henry Turley Company may provide.

Auto-dialers. Texts may be sent using an automatic telephone dialing system.

Errors and Disclaimer. Henry Turley Company Alerts are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We will not be liable for any delays in the receipt of any SMS messages or any errors or omissions in the content of SMS messages as part of Henry Turley Company Alerts.

Changes and Termination. By subscribing to or otherwise using Henry Turley Company Alerts, you acknowledge and agree that Henry Turley Company will have the right to change and/or terminate the Program at any time, with or without cause and/or advance notice.

Third Party Links. These Terms apply only to Henry Turley Company Alerts, and not to the websites of any other companies or organizations, including those to which SMS messages sent as part of Henry Turley Company Alerts may link. We are not responsible for the availability of any other website to which the content of an SMS message links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website’s administrator or webmaster. Additional data rates may apply.

Limitation of Liability. Under no circumstances, including but not limited to negligence, will we be liable for any special or consequential damages that result from the use of, or the inability to use, the SMS messages as part of Henry Turley Company Alerts, or any products of services provided pursuant to Henry Turley Company Alerts, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing SMS messages as part of Henry Turley Company Alerts.

Duty to Notify.  If at any time you intend to stop using the mobile telephone number that has been 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 mobile telephone number.  You understand and agree that your agreement to do so is a material part of these Terms.  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 any of our Programs.

Indemnity. You agree to defend, indemnify and hold us harmless, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms, (ii) any of your content and materials, (iii) your use of materials or features available through Henry Turley Company alerts (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. You also agree that you will indemnify, defend, and hold us harmless from any claim or liability resulting from your failure to notify us of a change in the information you have provided, including any claim or liability under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or similar state or federal laws, and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.

Age Restriction.  You may not use or engage with the Program if you are under eighteen (18) years of age or under the adult age in your jurisdiction. By using or engaging with the Program, you acknowledge and agree that you are not under the age of eighteen (18) years or under the adult age in your jurisdiction.  By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable laws to use and/or engage with the Program.

Jurisdictional Issues. We control and operate Henry Turley Company Alerts from our office in Memphis, Tennessee. We do not represent that the content of SMS messages as part of Henry Turley Company Alerts are appropriate or available for use in other locations. Persons who choose to opt in to receive SMS messages from us as part of Henry Turley Company Alerts from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Mandatory Arbitration and Waiver of Class Actions (“Arbitration Agreement”). You and Henry Turley Company knowingly and voluntarily acknowledge and agree to the following:

• TO WAIVE AND RELEASE YOUR OR Henry Turley Company’S RIGHT, IF ANY, TO SUE, PURSUE, JOIN, OR PARTICIPATE AS A PARTY, AND/OR SEEK MONETARY DAMAGES AND/OR OTHER RELIEF IN ANY CLASS ACTION LAWSUIT IN ANY STATE AND/OR FEDERAL COURT AND/OR IN ANY ARBITRATION PROCEEDING against the other party regarding and/or relating, in any way, to the Program.

• All claims, counterclaims, cross claims, and/or causes of action of any kind regarding and/or related to Henry Turley Company or the Program shall be subject to neutral, binding, and final arbitration.  The failure to arbitrate such a claim is a waiver of, and bars, filing and/or pursuing such a claim in any subsequent arbitration or court action.

• Any arbitration hearing that requires the attendance of the parties shall take place in Shelby County, Tennessee (as determined exclusively by Henry Turley Company) for claims or disputes arising in Tennessee.

• The party initiating the arbitration proceeding may select from the following arbitration administrators, which will apply the appropriate rules for commercial disputes in effect at the time the claim is filed with the arbitration organization (“Arbitration Rules”): the American Arbitration Association (“AAA”), JAMS, or any other organization the parties agree to in writing.  If neither AAA nor JAMS is able or willing to serve as the arbitration administrator and the parties are unable to agree on a replacement administrator or arbitrator(s), then a court of competent jurisdiction will appoint an administrator or arbitrator(s).

• In the event of a conflict between the Arbitration Rules and this Arbitration Agreement, this Arbitration Agreement shall govern.  Judgment upon any arbitration award may be entered in any court with proper jurisdiction and may be enforced by any court having proper jurisdiction over that judgment.  If a party elects arbitration and the other party refuses to arbitrate, the party electing arbitration may seek a court order enforcing this Arbitration Agreement. In that event, the court shall determine any issues regarding enforceability of this Arbitration Agreement, including the validity and effect of the class action waiver, but all other issues shall be decided by the arbitrator.  All statutes of limitation that otherwise would apply to an action brought in court will apply in arbitration.

• NO CLAIM SUBMITTED TO ARBITRATION WILL BE HEARD BY A JURY, AND ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS.  CLASS ARBITRATIONS AND CLASS ACTIONS ARE PROHIBITED.  NO ARBITRATOR MAY ORDER, PERMIT, OR CERTIFY A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY-GENERAL LITIGATION, OR CONSOLIDATED ARBITRATION. NO ARBITRATOR MAY ORDER OR PERMIT A JOINDER OF PARTIES, UNLESS ALL PARTIES CONSENT TO SUCH JOINDER IN WRITING.

• The arbitrator shall apply the law of the State of Tennessee if the arbitration hearing occurs in Tennessee and shall apply the law of the State of Tennessee if the arbitration hearing occurs in Tennessee. Each party shall be responsible for paying its own costs and fees, and the parties shall evenly split the arbitrator’s costs and fees.

• The arbitrator(s) will have authority to award compensatory damages only in accordance with these terms, and shall not have the authority to award injunctive relief, punitive, incidental, indirect, consequential, special, or exemplary damages, or other amounts not expressly allowed in these terms.

• This Arbitration Agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

• If the waiver of class action rights is deemed or found to be unenforceable for any reason in an arbitration in which class action allegations have been made, the remainder of this Arbitration Agreement shall be deemed invalid and unenforceable, except the first bulleted provision in this Arbitration Agreement.

 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. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement 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 this Agreement, as modified. If any of these Terms is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these Terms, or by a writing signed by both parties. These Terms shall survive any cancellation or termination of your agreement to participate in any of our Programs.