By “Opting In” to or using a “Text Message Service” (as defined below) from TrueSource, LLC, you accept these Terms & Conditions. PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER, AS DETAILED BELOW, THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION AND YOUR RIGHT TO A JURY TRIAL. YOU MAY OPT OUT OF THE ARBITRATION PROVISION AS DESCRIBED BELOW.

This agreement is between you and TRUESOURCE, LLC or one of its affiliates. All references to “TRUESOURCE,” “we,” “our,” or “us” refer to TRUESOURCE, LLC, 1377 Motor Pkwy, Suite 420, Islandia, NY 11749.

DEFINITIONS

“Opting In,” “Opt In,” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.

“Text Message Service” includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).

CONSENTING TO TEXT MESSAGING

By consenting to receive text messages from us, you agreed to these Text Messaging Terms and Conditions, as well as our PRIVACY POLICY, incorporated herein by reference.

E-SIGN DISCLOSURE

By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP.

TRUESOURCE TEXT MESSAGE SERVICE PRIVACY POLICY

We respect your privacy. We only use information you provide through this service to transmit your mobile messages and respond to you. This includes, but isn’t limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Nonetheless, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. This Text Message Service Privacy Policy applies to your use of the Text Message Service and isn’t intended to modify our general Privacy Policy, incorporated by reference above, which may govern the relationship between you and us in other contexts.

COSTS OF TEXT MESSAGES

We do not charge you for the messages you send and receive via this text message service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.

FREQUENCY OF TEXT MESSAGES

This Text Messaging Service is for conversational person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request).

OPTING OUT OF TEXT MESSAGES

If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. As a person-to-person communication service, opt-out requests are specific to each conversation between you and one of our employees and their associated phone number. After unsubscribing, we may send you confirmation of your opt-out via text message.

CONTACT US

For support, email info@truesource.com

BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND TRUESOURCE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You and TRUESOURCE, LLC, a Texas limited liability company, agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Text Message Service, our Privacy Policy, or the relationship between you and us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or during the term of these Terms) will be resolved by final and binding arbitration on an individual basis, except as expressly set forth below. This agreement to arbitrate is intended to be broadly interpreted.

This arbitration provision evidences a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this provision. In all other respects, these Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitrator will be bound by these Terms.

Except as otherwise provided in the Class Action Waiver below, the arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or any part of it is void or voidable. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.

If you are an individual, any in-person arbitration hearing will take place in the county (or parish) of your residence, unless you and we agree otherwise. You may also elect to have the arbitration conducted by telephone or videoconference, based on written submissions, or at another mutually agreed location.

TRUESOURCE will pay all AAA filing, administration, and arbitrator fees for any arbitration that you commence in accordance with the AAA Consumer Arbitration Rules, except that if the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then the payment of all such fees will be governed by the AAA Rules.

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court’s jurisdiction. Nothing in this provision prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information pending the arbitration of the underlying dispute.

Your Right to Opt Out. You may opt out of this arbitration provision within thirty (30) days after you first Opt In to or use the Text Message Service by sending written notice of your decision to opt out to the contact address identified in the “CONTACT US” section above. Your notice must include your name, the mobile phone number associated with your use of the Text Message Service, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration has no effect on any other provision of these Terms, including the Class Action Waiver, and will not affect your ability to use the Text Message Service.

By agreeing to resolve disputes through arbitration, you and TRUESOURCE each waive the right to a trial by jury.

CLASS ACTION WAIVER

You and TRUESOURCE agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action or proceeding. Unless both you and TRUESOURCE agree otherwise in writing, the arbitrator may not consolidate or join the claims of more than one person, and may not otherwise preside over any form of a class, collective, consolidated, or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Notwithstanding the arbitrator’s authority described above, the enforceability, validity, and effect of this Class Action Waiver will be determined exclusively by a court of competent jurisdiction and not by the arbitrator.

If this Class Action Waiver is found to be invalid or unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) will be severed from the arbitration and brought in a court of competent jurisdiction, and the arbitration provision above will be null and void as to such claim or request for relief. All other claims will remain subject to the arbitration provision, and the remaining provisions of these Terms will continue in full force and effect.

SEVERABILITY

If any term or provision of these Terms is found to be invalid, illegal, or unenforceable in any jurisdiction, that invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable that term or provision in any other jurisdiction, and the remainder of these Terms will remain in full force and effect. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the term or provision will be modified by a court of competent jurisdiction to the minimum extent necessary to make it valid and enforceable while reflecting the original intent of the parties as closely as possible, so that the transactions contemplated by these Terms may be fulfilled to the greatest extent possible. This Severability provision does not apply to the Class Action Waiver, the effect of which is governed exclusively by the “Effect of Invalidity” paragraph above.