Text Messaging Policy

M&M INSURANCE ASSOCIATES

TEXT MESSAGING TERMS & CONDITIONS

By completing the Client Opt-In Form To Receive Text Messages (“Opt-In Form”), You expressly authorize M&M Insurance Associates and its employees, representatives, and agents (collectively, “M&M Insurance”) to send You non-marketing and marketing text messages at the mobile phone number You have provided. By completing the Opt-In Form, You also accept and agree to be bound by these Text Messaging Terms & Conditions (the “Terms & Conditions”).

Authorization To Receive M&M Insurance Program Text Messages

You authorize M&M Insurance to send You text messages with information concerning your insurance policy, your account activity with M&M Insurance, and other M&M Insurance products, services, and promotions (all of the foregoing the “M&M Insurance Program”). Your consent covers all forms of text messaging M&M Insurance may use, including but not limited to Short Message Service (SMS) and Multimedia Messaging Service (MMS) messages sent on a person-to-person and application-to-person basis, and text messages sent using an automatic telephone dialing system.

You agree You will not use M&M Insurance Program text messages for any illegal or unlawful purpose. You understand insurance coverage may not be bound or amended via text message. Consent to receive M&M Insurance Program non-marketing or marketing text messages is not required to purchase any products or services from M&M Insurance.

Frequency Of Text Messages

Under the M&M Insurance Program, the number of text messages You receive from M&M Insurance will vary depending upon your account activity and your frequency of communication with M&M Insurance.

No Cost To Receive Text Messages

M&M Insurance does not impose a fee for sending You M&M Insurance Program text messages. However, as provided in your mobile telephone service rate plan, standard message and data rates may apply to each text message sent or received in connection with the M&M Insurance Program. Please contact your wireless service provider for pricing plans and information.

Supported Wireless Service Providers & Service Interruptions

M&M Insurance Program text messages should be available through your mobile telephone or wireless device when You are within the operating range of your wireless service provider’s network. The M&M Insurance Program may not be available on all mobile telephones or wireless devices, or through all wireless service providers. All functionalities of the M&M Insurance Program may not be available on all mobile telephones or wireless devices, or through all wireless service providers. M&M Insurance may, from time to time, in its discretion and without notice to You, limit the wireless service providers that support the M&M Insurance Program. Certain wireless service providers may not support the M&M Insurance Program.

Delivery of information and content to your mobile telephone or wireless device may fail due to a variety of circumstances or conditions. The M&M Insurance Program is subject to transmission limitations or interruptions. You understand and acknowledge that mobile wireless network services are outside of the control of M&M Insurance, and M&M Insurance is 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, outages, 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 messages, including any injury or damage to your or any other person’s mobile telephone or wireless device relating to or resulting from participating in or using the M&M Insurance Program. If the M&M Insurance Program is not available within your intended location, You agree that your sole remedy is to cease using the M&M Insurance Program.

How To Opt-In

To opt-in to M&M Insurance Program text messages, You must complete the Text Messaging Opt-In Form and submit it to M&M Insurance. You will then receive an initial text message from M&M Insurance confirming your successful enrollment.

How To Opt-Out

You may opt-out of receiving text messages from M&M Insurance at any time. To revoke your consent and stop receiving text messages, text “STOP” to the ten-digit number from which the text messages are being sent. You will then receive a final message confirming you have successfully opted out of the M&M Insurance text messaging program. You may also opt out by providing written notice to M&M Insurance Associates, 1700 E. Douglas, Wichita, KS 67214; calling 800-289-5236 or 316-264-9317; or sending an email to info@m-minsurance.com or to your M&M Insurance agent or account manager.

Text Message Support & Help

You can receive help at any time by replying “HELP” to any text message from M&M Insurance. You may also receive help with questions about M&M Insurance text messages by providing written notice to M&M Insurance at M&M Insurance Associates, 1700 E. Douglas, Wichita, KS 67214; calling 800-289-5236 or 316-264-9317; or sending an email to info@m-minsurance.com or to your M&M Insurance agent or account manager.

Your Mobile Telephone Number

You understand You will receive text messages from M&M Insurance at that mobile phone number You provided in your Opt-In Form. You represent and warrant that You are the account holder or authorized user of that mobile telephone number.

You agree to maintain accurate, complete, and up-to-date information with M&M Insurance regarding your use of the M&M Insurance Program, including, without limitation, notifying M&M Insurance in writing immediately if You change your mobile telephone number, or cease being the regular user of your mobile telephone number. You will not initiate text messages to or send text messages from the mobile phone number of any other person or entity. 

You agree to indemnify and hold harmless M&M Insurance in full from all claims, losses, expenses, damages, judgments, costs, and fees, including reasonable attorneys’ fees, that may be imposed on, incurred by, or asserted against M&M Insurance, in any way relating to, caused by, or arising out of providing M&M Insurance a telephone number that You do not own, or your failure to notify M&M Insurance that your telephone number has changed or that You are no longer the regular user of your telephone number, including, but not limited to, all claims, expenses, damages, fees, and costs related to or arising under the Telephone Consumer Protection Act and related Federal Communications Commission implementing rules.

Eligibility To Receive Text Messages

To enroll in the M&M Insurance Program and receive text messages, 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 M&M Insurance Program, and authorized to incur mobile message or data charges, if any, resulting from participation. M&M Insurance may require You to prove the foregoing to participate in the M&M Insurance Program.

M&M Insurance Privacy Policy

M&M Insurance’s privacy policy applies to your use of the M&M Insurance Program, and is hereby incorporated by reference, and may be accessed online at the following link https://m-minsurance.com/customer-resources/privacy.

Changes To These Text Messaging Terms & Conditions

M&M Insurance may revise, modify, or amend these Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to the M&M Insurance website at https://m-minsurance.com/customer-resources/text-messaging-policy. You agree to review these Terms & Conditions periodically to ensure You are aware of any changes. Your continued consent to receive M&M Insurance Program text messages will indicate your acceptance of any changes.

Termination Of Text Messaging Program & Amendment

M&M Insurance may suspend or terminate your receipt of text messages at any time if M&M Insurance believes You are in breach of any of these Terms & Conditions. Your receipt of M&M Insurance Program text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. M&M Insurance reserves the right to modify or discontinue, temporarily or permanently, all or any part of the M&M Insurance Program, for any reason, with or without notice to You.

Release Of Claims, No Warranties, & Limitation Of Liability

By participating in the M&M Insurance Program, You agree to release and hold harmless M&M 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 M&M Insurance Program, 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 M&M 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. M&M INSURANCE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.

In no event shall M&M Insurance be liable to You, or to any third party, for any losses or damages whatsoever arising out of or resulting from the M&M 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 M&M 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 M&M INSURANCE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND M&M INSURANCE OR ANYONE ACTING ON YOUR OR M&M INSURANCE’S BEHALF, OR THE M&M 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 KANSAS PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND M&M 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 OF CLAIMS, 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 and Federal Communications Commission rules, or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST 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 ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE TEXT MESSAGING TERMS & 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 KANSAS, 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 M&M 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.

Attorney Fees

In the event of any claim, matter, or dispute between You and M&M Insurance arising out of or relating in any way to these Terms & Conditions, any text messages between You and M&M Insurance or anyone acting on your or M&M Insurance’s behalf, or the M&M Insurance Program, M&M 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.

Applicable Law

The laws of the State of Kansas, 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 Terms & Conditions, the M&M Insurance Program, or any text messages between You and M&M Insurance or anyone acting on your or M&M 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 & Conditions.

Contact Us

If You have questions regarding these Terms & Conditions, You may reach us at M&M Insurance at M&M Insurance Associates, 1700 E. Douglas, Wichita, KS 67214; by calling 800-289-5236 or 316-264-9317; or sending an email to info@m-minsurance.com or to your M&M Insurance agent or account manager.