Terms of Service
IMPORTANT - PLEASE CAREFULLY READ AND UNDERSTAND OUR MESSAGING TERMS & CONDITIONS (“TERMS”) BEFORE AGREEING TO RECEIVE TEXT & EMAIL MESSAGES FROM PROSPECT DEVELOPMENT CO. THESE TERMS CONTAIN ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES
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Prospect Development Co Messaging Service
By enrolling in Prospect Development Co Messaging Service, you agree to receive recurring automated promotional and personalized marketing text & email (e.g. SMS and MMS) messages (e.g. appointment reminders, special offers, etc) from Prospect Development Co, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase Message and data rates may apply.
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Message frequency will vary, Prospect Development Co reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Prospect Development Co also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
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Not all mobile devices or handsets may be supported and our messages may not be deliverable In all areas. Prospect Development Co, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
By agreeing to accept Prospect Development Co messages, you also agree to Prospect Development Co Terms of Use and Prospect Development Co Privacy Policy.
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Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE, or QUIT at any time to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Prospect Development Co and its service providers will have no liability for failing to honor noncompliant cancellation requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Prospect Development Co through any other programs you have joined until you separately unsubscribe from those programs.
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Help
Text the keyword HELP to our shortcode to return customer care contact information. Customer Care
If you are experiencing any problems, please visit https://support.convertable.co and submit the form with details about your problem or your request for support, or email support@convertable.co
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Contact
This message program is a service of Prospect Development Co, located at 14154 Willard Rd, Unit B Chantilly, VA 20151
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Dispute Resolution
(a) General. In the interest of resolving disputes between you and Prospect Development Co in the most expedient and cost effective manner, you and Prospect Development Co agree that any dispute arising out of or in any way related to these Terms or your receipt of text & email messages from Prospect Development Co or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging, or your receipt of text & email messages from Prospect Development Co or its service providers whether based in contract, tort, statute, fraud, misrepresentation. or any ether legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND PROSPECT DEVELOPMENT CO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
(b) Arbitrator. Any arbitration between you and Prospect Development Co will be governed by the Federal Arbitration Act and the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes, as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org by calling the AAA at 1-800-778-7879, or by contacting Prospect Development Co. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
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(c) Notice: Process, If you or Prospect Development Co intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by certified US Mail (“Notice”), Prospect Development Co address for Notice is: Prospect Development Co, 14154 Willard Rd
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Unit B, Chantilly, VA 20151, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute: and (ii) set forth the specific relief sought (“Demand”) You and Prospect Development Co will make good faith efforts to resolve the claim directly, but if you and Prospect Development Co do not reach an agreement to do so within 30 days after the Notice is received, you or Prospect Development Co may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Prospect Development Co must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
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(d) Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claim are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
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(e) No Class Actors or Representative Actions in Arbitration. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF {LEAD OR OTHERWISE} OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
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(f) Amendments. Prospect Development Co reserves the right to amend this arbitration provision at any time. Your continued consent to receive text & email messages from Prospect Development Co is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Prospect Development Co will provide you notice and an opportunity to opt-out by sending Prospect Development Co your opt-out notice pursuant to the Notice requirements in Section (c), above.
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(g) Enforceability. If the class action waiver is deemed unenforceable (i.e. unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.