You have subscribed and expressly consented to receive voice, email, push and/or SMS alerts and notifications (“Electronic Communications”) on your mobile telecommunications or other device from EverBright, LLC (“EverBright,” “we,” “us,” or “our”).  The purpose of the Electronic Communications you receive will depend upon the scope of your prior consent and may include providing you with notices and alerts regarding your account or transactional or marketing information by EverBright. You acknowledge, understand and agree to the following terms and conditions (“Terms and Conditions”):

 

Message frequency depends on user. Message and data rates may apply. These would be charged by, and be payable by you to, your mobile service provider. You acknowledge, understand and agree that we shall not be held liable for any delays in the receipt of our Electronic Communications to you, as their delivery is subject to effective transmission from your mobile service and/or cable provider. You acknowledge, understand and agree that EverBright may contact you via Electronic Communications at any time of day.  To unsubscribe from all EverBright SMS communications, text the word STOP to 36580.

 

Electronic Communications may not be delivered to you if your cellular phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer's equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered.

Electronic Communications may not be available through all mobile carriers. Participating carriers are: ACG, ALLTEL AWCC, AT&T Mobility, Boost, Cincinnati Bell, Cricket, Google Voice, Metro PCS, Nextel, Rural Carrier Groups, Sprint, Tier 2/3 Carrier Group, T-Mobile, U.S. Cellular, Verizon Wireless, Virgin Mobile. Data obtained by us from you in connection with our providing you Electronic Communications may include your cellular number, the name of your mobile service provider, and the date, time and content of the Electronic Communications we send you. Carriers are not liable for undelivered messages. We may use this information to contact you and to provide the Electronic Communications you have requested. We will not share your mobile information with a third party or affiliate for their own marketing or promotional purposes.
 
Indemnification
You agree to defend, indemnify and hold harmless EverBright from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use or receipt of Electronic Communications or any breach by you of these Terms and Conditions (“Dispute”).
 
Limitations and Jury Waiver
You and EverBright agree that any lawsuits, claims, or judicial proceedings related to these Terms and Conditions will be conducted solely on an individual basis and not on a class, representative, consolidated or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the Dispute.

 

You acknowledge and agree that these Terms and Conditions, and any Disputes arising therefrom, shall be governed by and/or adjudicated through the laws of the State of Florida without regard to its choice of law provisions. By utilizing Electronic Communications, you further acknowledge and agree that any dispute or claim resulting from your use or receipt of Electronic Communications shall be subject to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida, submit to the exclusive jurisdiction of such courts with regard to any such Dispute, and waive any and all objections to the exclusive jurisdiction of such courts. If a provision of these Terms and Conditions is held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.
You and EverBright agree that if a Dispute concerning these Terms and Conditions proceeds in court: (1) you and EverBright waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor EverBright may be a class representative or class member or otherwise participate in any class, representative, consolidated or private attorney general proceeding.

 

If you have any questions regarding the above Terms and Conditions or the types of Electronic Communications to be received by EverBright you may contact us at 833-830-0475.