LAST REVISED March 3, 2026

Jump To:

Please read these Text Messaging Terms & Conditions (the “Terms”) carefully. They form a binding contract. THESE TERMS CONTAIN A MANDATORY, BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER.

AMSIVE, LLC TEXT MESSAGING TERMS OF USE

By “Opting In” to or using a “Text Message Service” (as defined below) from Amsive, LLC, including its subsidiaries and affiliates (collectively “Amsive” “we” or “us”), you accept these Terms & Conditions. THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

This agreement is between you and Amsive.  All references to Amsive, “we,” “our,” or “us” refer to Amsive, 605 Territorial Dr., Bolingbrook, IL 60440.

DEFINITIONS

“Opting In,” “Opt In,” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.

“Text Message Service” includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).

CONSENTING TO TEXT MESSAGING

By consenting to receive text messages from us, you agree to these Text Messaging Terms and Conditions, as well as our Privacy Policy, incorporated herein by reference.

You agree to receive text (e.g., SMS and MMS) messages from Amsive.  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 is not a condition of any purchase. Msg & Data rates may apply will apply to text messages you receive. We reserve the right to change the number from which messages are sent.

E-SIGN DISCLOSURE

By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP.

AMSIVE TEXT MESSAGE SERVICE PRIVACY POLICY

We respect your privacy. We only use information you provide through this service to transmit your mobile messages and respond to you. This includes, but isn’t limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Nonetheless, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. This Text Message Service Privacy Policy applies to your use of the Text Message Service and isn’t intended to modify our general Privacy Policy, incorporated by reference above, which may govern the relationship between you and us in other contexts.

COSTS OF TEXT MESSAGES

We do not charge you for the messages you send and receive via this text message service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.  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.

FREQUENCY OF TEXT MESSAGES

This Text Messaging Service is for conversational person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request).  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.

OPTING OUT OF TEXT MESSAGES

If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. As a person-to-person communication service, opt-out requests are specific to each conversation between you and one of our employees and their associated phone number. After unsubscribing, we may send you confirmation of your opt-out via text message.

CONTACT US

For support, 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.

BINDING ARBITRATION, CLASS ACTION WAIVER; DISPUTE RESOLUTION

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.