Effective Date: December 6, 2018
These terms and conditions (“Terms”) relate to your use of any Franklin Energy Services, LLC (“Franklin Energy,” “us,” or “we”) SMS message service through your mobile device carrier.
BY FOLLOWING THE OPT-IN INSTRUCTIONS BELOW, YOU EXPRESSLY CONSENT TO RECEIVE MARKETING AND NON-MARKETING SMS MESSAGES FROM FRANKLIN ENERGY AND OTHERS TEXTING ON OUR BEHALF, INCLUDING SMS MESSAGES GENERATED BY AN AUTODIALER, TO THE NUMBER YOU USE TO SEND THE OPT-IN MESSAGE. YOU MAY OPT OUT OF THESE COMMUNICATIONS AT ANY TIME AS FURTHER PROVIDED BELOW. YOUR CONSENT TO RECEIVE MARKETING SMS MESSAGES IS NOT REQUIRED TO PURCHASE GOODS OR SERVICES.
Short Message Service (SMS) is a text messaging feature offered on a mobile device. By participating in our SMS service, you agree to receive SMS messages containing energy efficiency offers and information from Franklin Energy sent on behalf of us and our clients through the mobile device number you provide to us, even if your mobile device number is on any Do Not Call (or similar) list.
Franklin Energy does not impose a fee for participating in our SMS service; however, standard message and data rates may apply from your mobile device carrier. You are responsible for any fees imposed by your mobile device carrier.
The number of SMS messages you receive per month will vary depending on the programs you choose to participate in and the services you sign up to receive. For each program run by Franklin Energy that you opt in to, you may receive up to five (5) SMS messages per month using an autodialer.
How to Opt-In
You can enroll in the SMS service by 1) texting JOIN to 22308 from your mobile device or 2) by providing your mobile device number in your preferences in Franklin Energy’s customer engagement platform. By opting in for the SMS service, you agree to these Terms.
How to Opt-Out
Text STOP to 22308 to stop receiving SMS messages from Franklin Energy. Following your request to unsubscribe, you consent to receiving a final text message from Franklin Energy confirming your decision to opt out of receiving further SMS messages. After this confirmation message, Franklin Energy will not send you SMS messages to you unless you subsequently opt-in to the SMS service.
How to Request Help
For additional information, text HELP to 22308 or contact email@example.com.
Supported Mobile Carriers
AT&T, Verizon Wireless, T-Mobile, Sprint, Cellular One (Dobson), Nextel, Alltel, Virgin Mobile, Boost, US Cellular, Centennial Wireless, CenturyTel, Tracfone, Cricket, ACS Alaska, Cellular South, Cellcom, Ntelos, Viaero Wireless, Einstein Wireless, MetroPCS, Kajeet, Helio, Cincinnati Bell, Unicel (Rural Cellular Corporation), Appalachian Wireless, Immix Wireless, Revol Wireless, Cellular One of East Central Illinois, Bluegrass Cellular, West Central Wireless.
T-Mobile® is not liable for delayed or undelivered messages.
Changes to Terms and Conditions
We may revise, modify, or amend these Terms at any time without notice. Any such revision, modification, or amendment shall take effect when we post the updated Terms to our website. You agree to review these Terms periodically to ensure you are aware of any changes. You accept such changes through your continued consent to receive Franklin Energy SMS messages.
No Interrupted Service
We reserve the right, in our sole discretion, without any obligation, and without any notice or requirement to change, improve or correct SMS messages and to suspend SMS messages for scheduled or unscheduled maintenance, upgrades, improvements or corrections. We do not and cannot guarantee continuous or uninterrupted SMS message services.
Termination of SMS Messaging Service
We may suspend or terminate your participation in our SMS service if we believe you are in breach of these Terms. We reserve the right to modify or discontinue, temporarily or permanently, all or a part of our SMS messages, at any time with or without notice.
Representation; Notice of Change
You represent that you are the account holder or authorized user for the mobile telephone number that you use to opt in to the SMS service. You are responsible for notifying Franklin Energy promptly if you change your mobile telephone number by emailing firstname.lastname@example.org.
To the fullest extent permitted by law, you agree to indemnify and defend Franklin Energy and its successors from and against all claims, expenses, and damages, whether directly incurred or from a third party, caused in whole or in part by your failure to notify us if you change your telephone number or by your opt-in to the SMS service using a mobile device number for which you are not the account holder or authorized user. This indemnity includes all claims, expenses, and damages arising under the Telephone Consumer Protection Act.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SMS SERVICE OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.
Your use of the SMS service and any dispute arising under these Terms shall be governed by and construed under the law of the State of Wisconsin, without regard to conflict of law rules. Exclusive jurisdiction for any proceeding arising out of or related to these Terms shall be in an appropriate state or federal court located in Milwaukee County, Wisconsin, and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to these SMS messages must be commenced within one (1) year after the cause of action arises. If a court of competent jurisdiction finds a provision of these Terms to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.