D'Avante Group, LLC
Text Message Program Terms and Conditions
D'Avante Group, LLC's Text Message Program is governed by the following Text Message Program Terms and Conditions ("text message program," “program,” “terms and conditions” or “terms). These terms define how D'Avante Group, LLC (“we,” “us,” or “our”) may communicate with you (“you” or “your”) via text messages. If you are using this program on behalf of a business or organization, then “you” means both you and your business or organization.
Overview of the Text Message Program
The Text Message Program Terms and Conditions and our collection, use and disclosure of your personal information is also subject to our Privacy Policy and our Terms of Service. When you opt-in (“opting-in,” “enroll,” “sign up,” “enter,” “complete,” “provide,” “submit” or “join”), or otherwise agree to participate in the program, you accept and agree to abide by and be bound to these Text Message Program Terms and Conditions. Moreover, by giving us your mobile phone number ("phone," “number” or “phone number”), you agree to receive text messages from us and others texting on our behalf at the number that you provide.
D'Avante Group, LLC reserves the right to revise, modify, or amend these terms at any time without prior notice to you. Any such revision, modification, or amendment shall take effect when it is posted to the D'Avante Group, LLC website. You agree to review these terms regularly to ensure that you are aware of any changes. Your continued consent to receive such text messages from D'Avante Group, LLC constitutes your agreement to all such changes.
By your acceptance of these terms, you acknowledge and represent that you are the account owner/subscriber and/or an authorized user of the mobile phone number that you enrolled to receive text messages from D'Avante Group, LLC, or that you have been granted permission from the account owner/subscriber and/or the authorized user of the mobile phone number to enroll such mobile phone number to receive text messages. It is your responsibility to give us the correct number and to update us with any changes.
We ask that you notify us immediately if the mobile phone number you enrolled in our program is either surrendered by you, changed by you, or otherwise no longer used by you. You agree to immediately notify us before the change goes into effect by opting-out, in accordance with the instructions in the Text Message Program Opt-Out section below.
You agree to indemnify D'Avante Group, LLC (owners, members, directors, officers, employees, contractors, and agents) and any other third party used in the delivery of our services to you, in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us of any changes and/or your failure to opt-out of the program before the change goes into effect. In the event that you enroll a phone number for which you do not have authority to provide consent, you agree to defend and indemnify D'Avante Group, LLC (owners, members, directors, officers, employees, contractors, and agents) and any other third party used in the delivery of our services to you, against any claims relating to text messages that D'Avante Group, LLC may make to any such phone number based on the consent that you have provided to receive such text messages.
Text Message Program Opt-In:
By opting-in to our text message program, you agree to provide D'Avante Group, LLC with prior express consent to send you text messages at the mobile phone number you provided to us. You also agree that D'Avante Group, LLC may use an electronic record to document your consent. The text message frequency will vary. Data and message rates may apply depending on your mobile phone text or data plan. You may also opt-in by signing up via the Contact page on our website or by completing an insurance application, consent form, contact form, and/or questionnaire. You may be asked to verify your mobile phone number before the program starts. This requires responding to a text alert sent to your mobile phone confirming your enrollment in the text message program. After you opt-in, you may contact us at (402) 312-4783 to update your contact information or for questions about our text message program. You may also reply HELP (and no other words, spaces or characters before or after the word HELP) to any text message that you receive from us. Consent is not a condition of purchase or service, and you can opt-out of the program at any time.
By opting-in to our text message program, you also understand and acknowledge that not all mobile phone carriers/providers provide text messaging and/or are available in your area, and that your mobile phone/device may not be capable of receiving text messages. While we do not impose fees for sending text messages as a service to you, you are responsible for any fees imposed by your mobile phone carrier/provider of any kind whatsoever. You further understand and acknowledge that it is your responsibility to check with your choice of mobile phone carrier/provider for this information. D'Avante Group, LLC shall not have any liability or responsibility for any errors or omissions in the content of this service to you, even if an authorized representative of D'Avante Group, LLC has been advised of or should have known of the possibility of such damages. Our text message program is provided on an AS IS, AS AVAILABLE basis.
D'Avante Group, LLC does not represent or warrant continuous, uninterrupted or secure delivery of text message services. D'Avante Group, LLC, its third-party delivery provider, or the mobile phone carriers are not liable for losses or damages that come from a message not delivered, a message delivered late, or inaccurate or incomplete content in a text message. If you have questions regarding the contents or validity of the message you received from us, you are required to contact us immediately for clarification as we are not liable for your use or reliance on the content of any text message. You can contact us by phone at (402) 312-4783 or by replying HELP (and no other words, spaces or characters before or after the word HELP) to the text message you received from us. You acknowledge and understand that your participation in our text message program is voluntary and at your sole risk. If you are dissatisfied with our text message program, its content or with these terms and conditions, your sole and exclusive remedy is to opt-out of the program.
Text Message Program Opt-Out:
You understand and agree that you are under no obligation to enroll in our text message program. After you opt-in, you can withdraw your consent to receive text messages from us at any time. None of our employees are authorized to receive a verbal revocation of this consent or to execute a verbal request you may make to opt-out. To opt-out, reply STOP (and no other words, spaces or characters before or after the word STOP) from your mobile phone to the message we sent you. You understand and agree that texting STOP will only stop text messages to the phone number you used to text STOP. Replying STOP will result in an opt-out confirmation text message to be sent to your phone and it will include instructions on how to rejoin the program should you decide to do so in the future. Once you receive the opt-out confirmation, you will not receive any additional text messages from us.
Collection, Use and Disclosure of Your Personal Information:
We collect the following personally identifiable information (PII) about you in the context of our text message program: your full name, mobile phone number, mobile phone carrier/provider, text message contents, date and time of your text message, and texting preferences (opt-ins and opt-outs). Text messages may also include limited or minimum necessary protected health information (PHI). We use this information to contact you and to provide the services you request from us. We may share this information with whom we have contracts, agreements, and/or a business relationship with to provide you with the products and solutions we offer, and/or that you have requested or receive from us, included but not limited to third party vendors and service providers ("third-party"), and otherwise to the extent permitted or required by applicable law. We will not sell or disclose your personal information to others not authorized by you to receive such information except as it is disclosed to you by us via our terms and privacy policy.
Your wireless carrier/provider may also collect data about your mobile phone/device usage, and its practices are governed by its own policies. Please contact your mobile phone carrier/provider for more information.
While we take protective measures to secure your personal information, we recommend you use passwords/passcodes to protect the information on your mobile phone/device as text messages may be seen by someone else who can get into your phone, including the account owner/subscriber, and read, disclose and/or inappropriately use messages containing your personal information. You understand and agree that it is your responsibility to protect the information on your mobile phone/device and to make sure that only authorized people are allowed to access your mobile phone/device.
From time to time a text message may provide links to other websites, not owned or controlled by D'Avante Group, LLC, that we think might be useful or of interest to you based on the products and solutions you have requested from us or are currently receiving from us. We cannot, however, be responsible for the privacy practices used by other website owners or the content or accuracy of those other websites. Links to various outside websites do not constitute or imply endorsement by D'Avante Group, LLC of these websites, any products or services described on these sites, or of any other material contained in them. Please read their own privacy policies for more information.
Termination
Your use of our text message program is subject to our Privacy Policy and Terms of Service, which is part of these terms and conditions and is incorporated by its reference. We may suspend or terminate our text message program to you if we believe you are in breach of our terms and conditions.
Contact Information
For questions about the Text Message Program Terms and Conditions or for general inquiries about D'Avante Group, LLC, please call (402) 312-4783 or send an email to: info [at] davantegroup [dot] com.