Text Message Program Terms & Conditions

Effective date: October 22, 2020

The InCharge Debt Solutions “InCharge” recurring text message service (“Text Program”) is owned and operated by Incharge. These Text Message Program Terms and Conditions (“Text Program Terms”) govern your use of the Text Program. Our Terms and Conditions of Use and Privacy Policy also apply to your use of the Text Message Program. The Text Program Terms are in addition to and not in lieu of the Terms and Conditions of Use and the Privacy Policy.

Our Terms & Conditions of Use include an Arbitration Agreement, which will govern any dispute between you and InCharge. Unless you opt out as described in the Terms of Use, this Arbitration Agreement will:

• Eliminate your right to a trial by jury; and
• Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

 These Terms May Change

We may amend these Text Program Terms and modify or cancel the Text Program or any of its features without notice.

Text Program Basics and Fees

InCharge does not charge for the Text Program, but you are responsible for all charges and fees associated with text messaging that may be imposed by your mobile operator. Standard message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Text messages may be sent using an automatic telephone dialing system and using short message service (SMS) or multi-media messaging service (MMS) technology. Message frequency varies per user. Your consent to receive text messages is not required as a condition of purchasing any goods or services from InCharge.

Opt-In & Consent to Text Program

If you would like to participate in the Text Program, then you must opt-in to receive text messages. You may need to confirm your consent, such as by following the instructions contained in an initial text message we send. If you have opted-in to the Text Program, InCharge may provide communications regarding an evaluation of credit or an offer of debt relief services, including for marketing purposes and with messages through your wireless provider to the mobile phone number you provided. You can expect to receive recurring autodialed marketing messages from InCharge.

If you opt-in to the Text Program, we may collect some personal information from you. We may disclose this information, and other information collected or generated for purposes of the Text Program, with our third-party service providers who act for or on our behalf in administering the Texting Program. We will not disclose your personal information collected for purposes of the Text Program with our affiliates for marketing or promotional purposes or with other third parties, unless otherwise required or permitted by law.

Requirements

You must be the mobile phone account holder and at least 18 years of age or have a parent or guardian’s permission in order to participate.

Cancellation

At any time, you may stop receiving our texts by replying “STOP” to a text message from InCharge. You will receive a one-time opt-out confirmation text message. After that, you will not receive any future messages. For help, call 1-888-734-6229.

Help

At any time, you may receive support regarding the Text Program by replying “HELP” to a text message from InCharge. Please note that replying “HELP” will not opt you out of the Text Program. You may stop receiving our texts as described above.

Valid Mobile Phone Number

You must provide us with a valid mobile phone number. If you change your mobile phone number, you agree to opt out of the Text Program prior to changing your mobile phone number.

Indemnification

You agree to indemnify, defend, and hold harmless InCharge, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the InCharge Technology; and (d) any use of your Submission by InCharge or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. Nothing herein shall apply to actions or claims under the provisions of the United States Bankruptcy Code, 11 U.S.C. § 111(g)(2).

Limitation on Liability

IN ADDITION TO ANY LIMITATIONS ON OUR LIABILITY AS SET FORTH IN THE TERMS & CONDITIONS OF USE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, INCHARGE IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILED, DELAYED, OR MISDIRECTED DELIVERY OF ANY INFORMATION SENT THROUGH THE TEXT PROGRAM, ANY ERRORS IN SUCH INFORMATION, AND/OR ANY ACTION YOU MAY OR MAY NOT TAKE IN RELIANCE ON THE INFORMATION OR TEXT PROGRAM.