SMS Terms and Conditions

Please read these terms and conditions carefully.  By checking the box to sign up for one or more text messaging[, email and other electronic messaging, or telephone communications] programs, you expressly consent to receive non-marketing and marketing text messages from Ideal Image Development, Inc. (“Ideal Image”), 4830 W. Kennedy Blvd. Ste. 440, Tampa, Florida 33609, USA, and third parties working on behalf of Ideal Image.  Ideal Image’s website is located at prod-www.idealimage.com. You may opt out or unsubscribe at any time.

You expressly agree that Ideal Image may deliver communications to you at the telephone number supplied during the account registration process, even if your telephone numbers are on any Do Not Call (or similar) list, such that the communications will not be considered unauthorized by any local, state, provincial, or federal law or regulation. Communications will be made using text messages advertising Ideal Image’s services, products, promotions, appointments and account information.   You agree and understand that you are not required to opt into this program to purchase goods or services.

You also accept and agree to be bound by these SMS Terms and Conditions, the Ideal Image website Terms of Use, and any other applicable terms and agreements related to your use of Ideal Image’s services. You also agree to the Ideal Image Privacy Statement.

Program Details: Ideal Image Appointment Reminders and Promotional Alerts.

How to Opt-Out 

To stop receiving text messages from Ideal Image text, reply “STOP” or email [email protected] to request removal from the text message program.

How to reach customer service

Reply “HELP” to receive a message with details on reaching our customer service department.

Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide.  You are responsible for notifying Ideal Image immediately if you change your mobile telephone number.  You may notify Ideal Image of a number change by emailing [email protected].

You agree to indemnify Ideal Image in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Ideal Image if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act or other anti-spam or telemarketing laws or regulations.

Frequency of Messages

The number of texts you receive per month will depend on your settings and account activity. The text messages that we provide are being delivered as a convenience to you for information or marketing purposes. We may send you up to 4 messages per appointment and up to 4 promotional alerts/month. Messages are recurring.

Cost

Message and data rates may apply to each text message sent or received in connection with Ideal Image text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.

Privacy 

Ideal Image’s U.S. privacy statement is available at /us-privacy/. Ideal Image’s Canada privacy statement is available at /canada/privacy.

No Guaranteed of Access or Delivery

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions.  Content is not available on all carriers and carrier participation could change. Carriers are not liable for delayed or undelivered messages. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Ideal Image’s control, and Ideal Image is not responsible or liable for issues arising from them.

Modifications and Updates to Terms and Conditions

Ideal Image may revise, modify, or amend these SMS Terms and Conditions at any time.  Any such revision, modification, or amendment shall take effect when it is posted to Ideal Image’s website.  You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes.  If you do not agree to any changes to these SMS Terms and Conditions, you must withdraw your consent. Your continued consent to receive Ideal Image text messages will indicate your acceptance of those changes.

Termination of Text Messaging 

Ideal Image may suspend or terminate your receipt of Ideal Image text messages if Ideal Image believes you are in breach of these SMS Terms and Conditions.  Your receipt of Ideal Image text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  Ideal Image reserves the right to modify or discontinue, temporarily or permanently, all or any part of Ideal Image text messages with or without notice.

Dispute Resolution

Applicable US residents or to patients receiving services in the United States: Mandatory, Bilateral Arbitration. Please read this carefully. It affects your rights. YOU AND IDEAL IMAGE AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Ideal Image hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and Ideal Image agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND IDEAL IMAGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND IDEAL IMAGE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND SHERWIN-WILLIAMS AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Ideal Image on your behalf.

Applicable to patients receiving services in Canada:

Choice of Law 

This Agreement will be governed by, and be construed in accordance with, the laws of [British Columbia] and the federal laws of Canada applicable in [British Columbia]. 

Arbitration 

Any matter regarding the interpretation and application of these SMS Terms and Conditions and all disputes arising out of or in connection with these SMS Terms and Conditions will be resolved by the parties by arbitration and will be referred to and finally resolved by binding arbitration under the [National Arbitration Rules of the ADR Institute of Canada, Inc.] (such body the “Arbitration Body” and such rules, the “Rules”), as the Rules may have been amended, superseded or replaced at the time the arbitration is commenced.

The arbitration will be private and confidential and will be administered by the Arbitration Body.  If the Arbitration Body is not operative, the arbitration will proceed ad hoc and be governed by the Arbitration Act [(British Columbia)] or successor legislation.  The place of arbitration will be the City of [Vancouver, British Columbia] and the language used in the arbitration will be the English language.  Any awards rendered in any such arbitration are final and binding and judgment thereon may be entered in any court having jurisdiction for its enforcement.

Class Action Waiver

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND IDEAL IMAGE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

These Terms and Conditions do not preclude you from bringing issues to the attention of federal, provincial, or local agencies.