By “Opting In” to or using Bernie and Phyl’s  “Promotions” (both terms defined below), you accept these Terms & Conditions and agree to resolve disputes with Bernie and Phyl’s through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the “Disputes” section below. These terms and conditions apply to any SMS text messages sent by Bernie and Phyl’s. These messages can be one-time or recurring. Message frequency varies by use

To Opt In:

Text JOIN to 53406

By Opting In to a Text Message Service: 

You authorize Bernie and Phyl’s to use auto dialer or non-auto dialer technology to send text messages to the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on file for the account associated with your Opt-In). You also authorize Bernie and Phyl’s to include marketing content in any such messages. You do not have to opt In or agree to opt In as a condition of purchase. You are signing your Opt-In to the Text Message Service. 

You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt In. 
You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please call 1- 800.-244.-9350. To view and retain an electronic copy of these Terms & Conditions or the rest of your Opt-In, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These Terms & Conditions still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service. 
These Terms and Conditions may be updated by Bernie and Phyl’s at any time without prior notice to you. By continuing to be enrolled in any Bernie and Phyl’s Text Message Service, or by providing your cell phone number for transactional, operational, or informational text messages, you agree to any changes. 
 
After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In. 
 
About the Text Message Services and Opting Out :

Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. Bernie and Phyl’s may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply. For services operated through 54306, you can get help by calling 1-800.-244.-9350. To opt out call 1-800-244-9350.  
You consent to the handling of your information as described in the Bernie and Phyl’s Privacy and Security Policy To contact Bernie and Phyl’s customer service, call 1-800.-244.-9350. You must be 18 years of age or older. 

Disputes:

Any dispute or claim arising out of or relating in any way to a Text Message Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Conditions of Use. 
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD. 
To begin an arbitration proceeding, you must send a demand to the Boston Regional Office of the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on our registered agent. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees (but not any attorney's fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, Bernie and Phyl’s will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location. 
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury. 
We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights. 

Applicable Law:

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS & CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST BERNIE AND PHYL’S ARISING OUT OF OR RELATING IN ANY WAY TO ANY BERNIE AND PHYL’S TEXT MESSAGE SERVICE. 

Mobile Carriers The short code 54306, we use for some Text Message Services is supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers. Bernie and Phyl’s and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages. Delivery is subject to effective transmission from your network operator. As always, message and data rates may apply for any messages sent to you from us and to us from you. 

Participating carriers:

AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). 

T-MOBILE is not liable for delayed or undelivered messages. 

If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Definitions:

 “Text Message Service” includes any arrangement or situation in which Bernie and Phyl’s sends (or indicates that it may send, or receives a request that it send) one or more text messages. 
“Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages. 
“Bernie and Phyl’s” means Convertible Castle LLC. and its affiliates and subsidiaries. 

Text HELP to 53406 for HELP. To opt out text STOP TO 53406.