SMS Program Terms and Conditions - U.S.

By participating in ACFE text alerts, you agree to receive recurring automated marketing messages at the mobile number that you provided at opt-in. Consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from the ACFE text list, you must text STOP to 512-254-6500 to opt-out. This is the exclusive method for opting out. After texting STOP to 512-254-6500, you will receive one additional message confirming that your request has been processed. Text HELP to 512-254-6500 for help or contact customer care at Memberservices@ACFE.com.

If you change or deactivate your mobile number, it is your responsibility to notify ACFE at 512-478-9000 to have your number removed. ACFE and any related third parties are not liable for legal violations that are caused by a carrier network failure or malfunction.

ACFE reserves the right to alter message frequency at any time (i.e., we may change the frequency of texts that you receive under this program).

View our Privacy Policy by visiting: https://www.acfe.com/privacy-policy 

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. 

Any dispute or claim relating in any way to your use or receipt of ACFE text alerts will be resolved by binding arbitration, rather than court, in Travis County in the State of Texas.
 
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes 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. You and ACFE hereby agree that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ACFE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING RELATING TO ANY ACTION INVOLVING ACFE TEXT ALERTS.
 
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND ACFE AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
 
Each party is responsible for its costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. The AAA’s Rules regarding costs and payments apply.
 
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
 
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation. 

Changes to Additional Contract Terms 

Limitation of Liability 

We are not responsible and will not be liable for any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees. 

Applicable Law 

Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Texas. 

Severability

If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. 

Changes to Terms

These terms and conditions are subject to change by ACFE at any time without notice.