LAST REVISED September 23, 2025

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Please read these Text Messaging Terms & Conditions (the “Terms”) carefully. They form a binding contract.

PLEASE NOTE: THESE TERMS CONTAIN A MANDATORY, BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

Messaging Terms

You agree to receive text (e.g., SMS and MMS) messages from Amsive, LLC, including its subsidiaries and affiliates (collectively “Amsive” “we” or “us”). 

You understand that our text messages are all sent one at a time, by a human sending a single message to you.  These messages are part of normal two-way communications between you and us.  Amsive does not use an automatic telephone dialing system or any type of automated technology to send messages.

Nevertheless, by agreeing to these Terms, you are agreeing to receive recurring automated promotional and personalized text messages, which may include marketing and may also be purely informational, including text messages that may be sent using an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system, and/or any other type of systems, softwares, hardwares, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages, at the mobile telephone number associated with your opt-in, at any and all hours of the day.  You agree that these messages may be sent to the mobile telephone number you have provided to us, or any other number that you designate.

Consent to receive text messages, including automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply will apply to text messages you receive.

Message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We reserve the right to change the number from which messages are sent.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Amsive, its service providers and the mobile carriers are not liable for delayed or undelivered messages. We are able to deliver messages to most major mobile phone carriers, but are not liable for undelivered messages based on your choice of provider.

Cancellation

To reiterate, we do not send automated text messages.  We send text messages to you for normal business purposes, on an as needed basis.  The text messages are specific to you. 

Nevertheless, we strive to honor your instructions, and if you no longer wish to receive text messages from us, please tell us not to text you anymore, and we will honor your requests.

You can text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT back to any message you receive from us, and we oblige. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT, you may receive one additional message confirming that your request has been processed.

Help

To reiterate again, we do not send automated text messages.  We send text messages to you for normal business purposes, on an as needed basis.  The text messages are specific to you. 

Nevertheless, if you require further assistance, please ask the person you are texting with for help.  You can also text the keyword HELP and we will endeavor to get you help in any way you need.

Customer Care

If you are experiencing any problems, please visit https://www.amsive.com/contact/ and submit the form with details about your problem or your request for support.  You can also call us at (331) 318-7800.

Duty to Notify and Indemnify

If at any time, you intend to stop using the mobile telephone number that you have given to us, including but not limited to, canceling your service plan or selling or transferring the phone number to another party, you agree that you will first notify us of your phone number change and instruct us to no longer communicate with you at that phone number.  You understand and agree that your agreement to do so is a material part of these Terms.

YOU 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. SEC. § 227), ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, AND ANY STATE OR FEDERAL EQUIVALENT LAW OR REGULATION THAT CONTAINS PROHIBITIONS ON THE SENDING OF TEXT MESSAGES, AND ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Privacy

We respect your privacy. 

To view our privacy policy, please visit:  https://www.amsive.com/privacy-policy/

Dispute Resolution

General. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and us agree that any dispute arising out of or in any way related to these messaging terms and conditions or your receipt of text messages from us or our service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these terms, or your receipt of text messages from us or our service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Exceptions. Notwithstanding subsection (1) above, nothing in these terms will be deemed to waive, preclude, or otherwise limit the right of you or us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

Arbitrator. Arbitration will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement, including the threshold questions of scope and arbitrability.

Notice; Process. If you intend to seek arbitration against us, then you must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Our address for Notice is 605 Territorial Drive, Bolingbrook, IL 60440.  The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and us will then make good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

Fees. If you commence arbitration in accordance with these terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and us agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or us made within 14 days of the arbitrator’s ruling on the merits.

No Class Actions. YOU AND AMSIVE BOTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE, MASS OR CLASS PROCEEDING. Further, unless both you and Amsive agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these terms, if we makes any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and us.

Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these terms shall remain in full force and effect.

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 these terms 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 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 any service or program we offer shall be subject to these terms unless explicitly stated otherwise in writing.

We reserve the right to change these terms from time to time without notice, and in its sole discretion. If we decide to change these terms, we will post a new version and update the effective date set forth below.

ANY CHANGES OR MODIFICATIONS TO THESE TERMS WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE TERMS WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE.

Effective Date: September 23, 2025