Please read these SMS/Text Messaging Terms and Conditions carefully. By consenting to SMS/Text Messaging, you expressly consent to receive text messages from The Cincinnati Insurance Company, its affiliates and subsidiaries (“Cincinnati Insurance”), including text messages made with an Auto dialer, at the mobile phone number(s) you provide.
You may opt-out of these communications at any time by replying STOP to any text message from Cincinnati Insurance or by otherwise contacting Cincinnati Insurance as indicated below. By consenting to SMS/Text Messaging or using the Cincinnati Insurance Program, you accept and agree to be bound by these SMS/Text Messaging Terms and Conditions and any other applicable terms and agreements related to your use of the Cincinnati Insurance services.
Cincinnati Insurance offers its text messaging program whereby Cincinnati Insurance, and any applicable service providers, will text message you to provide you with information concerning your account activity with Cincinnati Insurance and Cincinnati Insurance products, services, (all of the foregoing the “Cincinnati Insurance Program”). Cincinnati Insurance and its service providers may, from time to time, use standard or an automatic telephone dialing system (“Auto dialer”) to deliver text messages to you under the Cincinnati Insurance Program. You agree that you will not use the Cincinnati Insurance Program for any illegal or unlawful purposes. No coverage may be bound or amended via text messaging or the Cincinnati Insurance Program.
Under the Cincinnati Insurance Program, the number of Cincinnati Insurance text messages that you receive may vary depending upon your account activity and your communication with Cincinnati Insurance.
Cincinnati Insurance does not impose a separate fee for sending Cincinnati Insurance text messages under the Cincinnati Insurance Program. However, standard message and data rates may apply to each text message sent or received in connection with the Cincinnati Insurance Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.
Supported Carriers; Interruption
The Cincinnati Insurance Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The Cincinnati Insurance Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the Cincinnati Insurance Program are available on all equipment/mobile devices, or through all wireless carriers. Cincinnati Insurance may, from time to time, in its discretion and without notice to you, limit the carriers that support the Cincinnati Insurance Program. Certain other carriers may not support the Cincinnati Insurance Program.
Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The Cincinnati Insurance Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of Cincinnati Insurance’s control, and Cincinnati Insurance in not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using the Cincinnati Insurance Program. If the Cincinnati Insurance Program is not available within your intended location, you agree that your sole remedy is to cease using the Cincinnati Insurance Program.
How to Opt-In
You opted-in to receive text messages from Cincinnati Insurance under the Cincinnati Insurance Program, orally in a telephone call with a Cincinnati Insurance representative.
How to Opt-Out
To stop receiving text messages from Cincinnati Insurance, text STOP to the ten-digit long code from which the text messages are being sent.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to-date information with Cincinnati Insurance regarding your use of the Cincinnati Insurance Program, including, without limitation, notifying Cincinnati Insurance in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify Cincinnati Insurance in full for all claims, expenses, damages, and costs, including reasonable attorneys’ fees, related to or caused in whole or in part by your failure to notify Cincinnati Insurance if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
To receive Cincinnati Insurance text messages or enroll in the Cincinnati Insurance Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the Cincinnati Insurance Program, and authorized to incur any mobile message or data charges incurred by participating. Cincinnati Insurance reserves the right to require you to prove the foregoing to participate in the Cincinnati Insurance Program.
Changes to These SMS/Text Messaging Terms and Conditions
Cincinnati Insurance may revise, modify, or amend these Cincinnati Insurance SMS/Text Messaging Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Cincinnati Insurance website. You agree to review these Cincinnati Insurance SMS/Text Messaging Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Cincinnati Insurance text messages will indicate your acceptance of those changes.
Amendment: Termination of Text Messaging
Cincinnati Insurance may suspend or terminate your receipt of Cincinnati Insurance text messages if Cincinnati Insurance believes you are in breach of these Cincinnati Insurance SMS/Text Messaging Terms and Conditions. Your receipt of Cincinnati Insurance text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Cincinnati Insurance reserves the right to modify or discontinue, temporarily or permanently, all or any part of Cincinnati Insurance text messages and Cincinnati Insurance text messages and Cincinnati Insurance Program, for any reason, with or without notice to you.
Release: No Warranties; Limitation of Liability
By participating in the Cincinnati Insurance Program, you agree to release and hold harmless Cincinnati Insurance and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the Cincinnati Insurance, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE CINCINNATI INSURANCE PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. CINCINNATI INSURANCE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
In no event shall Cincinnati Insurance be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the Cincinnati Insurance Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from the Cincinnati Insurance Program, or your use thereof, regardless of the theory of recovery, is $10.00.
Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND CINCINNATI INSURANCE ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS AND CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND CINCINNATI INSURANCE OR ANYONE ACTING ON YOUR OR CINCINNATI INSURANCE’S BEHALF, OR THE CINCINNATI INSURANCE PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES (“AAA” RULES) BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR PENNSYLVANIA PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND CINCINNATI INSURANCE INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE; NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PRIVISION MUST BE CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING JURISDICTION. UNLESS OTHERWISE REQUIRED BY LAW, THE ARTITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS AND CONDITIONS.
ARBITRATION PROCEEDINGS MAY BE COMMENCED BY EITHER PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN FAIRFIELD, OHIO OR ITS SURROUNDING COUNTIES, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE(3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and Cincinnati Insurance alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.
In the event of any claim, matter, or dispute between you and Cincinnati Insurance arising out of or relating in any way to these SMS/Text Messaging Terms and Conditions, any text messages between you and Cincinnati Insurance or anyone acting on your or Cincinnati Insurance’s behalf, or the Cincinnati Insurance Program, Cincinnati Insurance, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration related fees and expenses.
The law of the State of Ohio, including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, construing, or enforcing these SMS/Text Messaging Terms and Conditions, the Cincinnati Insurance Program, or any text messages between you and Cincinnati Insurance or anyone acting on your or Cincinnati Insurance’s behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms and Conditions.
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