Text Messaging Terms Of Use

By "Opting In" to or using a “Text Message Service” (as defined below) from DUGGAN BERTSCH, LLC, you accept these Terms & Conditions.

This agreement is between you and DUGGAN BERTSCH, LLC or one of its affiliates. All references to "DUGGAN BERTSCH, LLC," "we," "our," or "us" refer to DUGGAN BERTSCH, LLC, 303 W. Madison, Suite 1000, Chicago, Illinois 60606.

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 agreed to these Text Messaging Terms and Conditions, as well as our https://www.dugganbertsch.com/disclaimer-and-terms-of-use and https://www.dugganbertsch.com/privacy-policy, both of which are incorporated herein by reference.

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.

DUGGAN BERTSCH, LLC  TEXT MESSAGE SERVICE PRIVACY POLICY

We respect your privacy. We never send unsolicited SMS text messages. Personal data (i.e., name, address, telephone number, other personal information disclosed by the client) will not be shared with third-parties, unless explicitly authorized in writing by the client or potential client to provide access, accommodate a disability, and/or advance the goals of their case. All SMS communications shall be confidential and may be subject to attorney-client privilege. Records will be maintained or destroyed in accordance with the applicable rules governing attorney ethics and responsibilities. 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; however, standard message and data rates may apply. Depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. Check your carrier’s policy for details.

FREQUENCY OF TEXT MESSAGES

There is no specific frequency to our text messages. It will be used to correspond with you as needed or reply to messages you send us.

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.

BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Agreement to Arbitrate. You agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Text Message Service, or any communications you receive from us (including any claim under the Telephone Consumer Protection Act ("TCPA"), or any similar federal, state, or local statute, regulation, or common law doctrine), shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this arbitration agreement.

Arbitration Procedures. Arbitration shall be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or by another mutually agreed-upon arbitration provider. If the AAA is not available, the parties shall agree on an alternative arbitration provider or a court shall appoint one. The arbitration shall take place in Cook County, Illinois. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.

Class Action Waiver. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or collective proceeding. If this specific paragraph is held unenforceable, then the entirety of this arbitration section shall be deemed void.

Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL FOR ANY CLAIMS COVERED BY THIS ARBITRATION AGREEMENT.

Opt-Out of Arbitration. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to: DUGGAN BERTSCH, LLC, Attn: SMS Terms of Use Arbitration Opt-Out, 303 W. Madison, Suite 1000, Chicago, Illinois 60606, within thirty (30) days of first accepting these Terms. Your notice must include your name, address, phone number, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other provisions of these Terms will continue to apply.

Severability. If any portion of this arbitration agreement is found to be unenforceable, except as provided in the Class Action Waiver paragraph above, the remaining portions shall remain in full force and effect.

CONTACT US

DUGGAN BERTSCH, LLC
303 W. Madison, Suite 1000, Chicago, Illinois 60606

For support, contact support@dugganbertsch.com OR call (312) 263-8600 OR text “HELP” to (312) 263-8600 .