Standard Terms and Conditions for SMS Communications
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These Standard Terms and Conditions for SMS Communications (the “Terms”) govern text message communications between SKULLNAH LEGAL SERVICES, PLLC (“Firm,” “we,” or “us”) and the individual or entity that opts in to receive SMS messages (“Client,” “you”). By enrolling in or otherwise consenting to receive SMS messages from the Firm, you agree to these Terms.
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1. Program Description
1.1 Scope. The Firm may send you transactional, informational, security, and/or promotional text messages (collectively, “SMS Messages”) related to: appointment reminders, scheduling, service updates, account notifications, billing notices, security verification (including multi-factor authentication), surveys, and marketing or promotional offers (where legally permitted and consented). The Firm may also respond to your questions and provide case updates.
1.2 Message Frequency. Message frequency will vary based on your interactions and preferences depending on how you use our services and whether you take steps to generate more text messages from us. The Firm may adjust frequency to accommodate operational needs or your requests.
1.3 Message Types. Certain message types (e.g., security verification, service alerts) may be sent without marketing consent where permitted by law if reasonably necessary to provide services you requested or maintain account security.
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2. Consent and Eligibility
2.1 Consent to Receive Messages. "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. By providing your mobile number and opting in (including via online forms, keyword texting, checkbox, or written consent), you authorize the Firm to send SMS Messages to that number using automated technology, including autodialers, prerecorded or artificial voice, and/or other automated means, to the extent permitted by law. Your consent is not a condition of purchase unless expressly stated and permitted by law.
2.2 Age and Authority. You represent that you are at least the age of majority in your jurisdiction and have authority to consent to receive SMS Messages at the mobile number provided.
2.3 Mobile Number Ownership. You represent that you are the current subscriber or customary user of the mobile number provided and will promptly notify the Firm if you change, transfer, or deactivate that number.
3. Opt-Out and Managing Preferences
3.1 Opt-Out. You may opt out of non-essential SMS Messages at any time by replying STOP to any message from the Firm or by contacting us at admin@skullnahlegal.com or 509.253.9520. After you send STOP, you may receive a final confirmation message.
3.2 Help. For help, reply HELP to any message or contact us at admin@skullnahlegal.com or 509.253.9520.
3.3 Separate Consents. Your opt-out from promotional messages does not affect your receipt of transactional or service-related SMS Messages where permitted by law and reasonably necessary to deliver services you requested, account/security notices, or legal notices.
4.Fees and Mobile Carrier Disclosures
4.1 Carrier Charges. Message and data rates may apply. You are responsible for all charges imposed by your mobile carrier related to SMS Messages.
4.2 Carrier Participation. Carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission from your carrier/network operator and is outside the Firm’s control.
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5. Privacy and Data Use
5.1 Privacy. The Firm will process your personal data in accordance with its Privacy Policy, available at https://www.skullnahlegal.com/privacy-policy. By opting in, you acknowledge that you have read and understand the Privacy Policy.
5.2 Data Collected. The Firm may collect information related to your SMS interactions, including message delivery, read status (if available), engagement (e.g., clicks), device/mobile number, and time/date stamps, to operate, secure, and improve the SMS program and to comply with legal obligations.
5.3 Sensitive Content. Do not send sensitive personal information by SMS (e.g., government ID numbers, full payment card numbers, health information) unless specifically requested by the Firm and a secure method is confirmed. If your relationship involves regulated information (e.g., financial, health, or attorney–client communications), the Firm will use SMS only in accordance with applicable law and professional obligations, and may use alternative secure channels for confidential content.
6. Compliance and Program Changes
6.1 Legal Compliance. The Firm will operate the SMS program in accordance with applicable laws, rules, and industry guidelines, which may include the Telephone Consumer Protection Act (TCPA), CAN-SPAM (as applicable), state telemarketing or privacy laws, CTIA guidelines, and other applicable regulations.
6.2 Quiet Hours and Do-Not-Call. Where required by law, the Firm will limit marketing messages to permitted hours and honor applicable do-not-call or do-not-text requests.
6.3 Changes to Program or Terms. The Firm may modify or discontinue the SMS program, or update these Terms, at any time. Material changes will be communicated via SMS. Continued participation after changes become effective constitutes acceptance.
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7. Security
7.1 Authentication. The Firm may send one-time passcodes or security alerts for authentication. Keep such codes confidential and notify us immediately at admin@skullnahlegal.com if you suspect unauthorized access.
7.2 No Warranty. Wireless networks and carriers are outside the Firm’s control. The Firm does not warrant error-free or uninterrupted delivery of SMS Messages.
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8. Disclaimers; Limitation of Liability
8.1 Disclaimers. SMS Messages are provided “as is” for convenience and communication purposes. The Firm disclaims all warranties, express or implied, to the maximum extent permitted by law.
8.2 Limitation of Liability. To the fullest extent permitted by law, the Firm’s total liability arising out of or related to the SMS program will not exceed $100.00. The foregoing cap does not limit liability for fraud, willful misconduct, or any liability that cannot be limited under applicable law.
8.3 Exclusion of Damages. To the fullest extent permitted by law, the Firm will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, or data, even if advised of the possibility of such damages.
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9. Client Responsibilities
9.1 Accurate Information. You will provide accurate, current mobile contact information and update the Firm promptly if your number changes or is reassigned.
9.2 Unauthorized Use. You are responsible for safeguarding your device and for charges incurred by users who have access to your device or account.
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10. Term; Suspension; Termination
10.1 Term. These Terms apply from your opt-in date and continue until you opt out or the program is terminated.
10.2 Suspension/Termination. The Firm may suspend or terminate your participation at any time for any reason, including suspected misuse, regulatory requirements, or operational issues. Upon termination, you may receive a final confirmation message.
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11. Dispute Resolution; Governing Law
11.1 Informal Resolution. Before filing a formal claim, you agree to try to resolve any dispute related to these Terms or the SMS program by contacting admin@skullnahlegal.com and allowing 30 days for response.
11.2 Arbitration; Class Action Waiver. Except where prohibited by law, any dispute arising out of or relating to these Terms or the SMS program will be resolved by binding arbitration administered by JAMS under its rules. You and the Firm waive any right to a jury trial and to participate in a class or representative action. The arbitrator may award individual relief only. This clause does not apply to claims that cannot be arbitrated as a matter of law or to injunctive relief for intellectual property or data security.
11.3 Opt-Out of Arbitration. You may opt out of arbitration within 30 days of your initial opt-in by sending written notice to admin@skullnahlegal.com or 628 N Monroe #204 Spokane, WA 99201 with your name, mobile number, and a clear statement of your decision to opt out.
11.4 Governing Law; Venue. These Terms are governed by the laws of Washington, without regard to conflicts of law principles. Subject to the arbitration clause, the exclusive venue for any permitted court action is the state or federal courts located in Spokane County, Washington, and the parties consent to personal jurisdiction there.
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12. Notices
12.1 Notices from the Firm. We may provide notices via SMS, email, posting on our website, or mail to your last known contact details.
12.2 Notices to the Firm. You will send notices to 628 N Monroe #204 Spokane, WA 99201 or admin@skullnahlegal.com.
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13. Relationship to Other Agreements
13.1 Conflicts. If you have a separate agreement with the Firm, these Terms supplement that agreement solely with respect to SMS communications. In case of conflict, the separate agreement controls to the extent it expressly addresses SMS communications; otherwise, these Terms control.
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14. Assignment
You may not assign these Terms or your SMS enrollment without the Firm’s prior written consent. The Firm may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or asset sale.
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15. Severability; Waiver
If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will remain in effect. Failure to enforce any provision is not a waiver of that provision.
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16. Entire Agreement
These Terms, together with any consents you provide and the Firm’s Privacy Policy, constitute the entire agreement between you and the Firm regarding SMS communications.
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17. Contact
For questions about these Terms or the SMS program, contact us at admin@skullnahlegal.com or 509.253.9520.