SMS Terms and Conditions
Please carefully read these Terms and Conditions before participating in any text messaging programs offered by American Standard Gold, Powered By GMRGold. (“ASG,” “GMRGOld,” “we,” “us”). By subscribing to one or more of these programs, you agree to comply with and be bound by these Terms and Conditions. Additionally, these Terms include an Arbitration Clause and Class Action Waiver, which have implications on how disputes with GMRGold are resolved.
Your enrollment in our text messaging programs indicates your explicit consent to receive both marketing and non-marketing texts from GMRGold and our representatives, sent to the phone number(s) you provide. You can opt-out at any time, and consent is not required for any purchases.
Program Details
GMRGold texts aim to deliver marketing and promotional details about our products and services, as well as transaction-related information.
Message Frequency
The frequency of texts from GMRGold will vary by month.
Costs
Standard message and data rates may apply for each text message sent or received as per your mobile service plan (consult your carrier for pricing details). GMRGold does not charge additional fees for sending texts, but you are responsible for any charges from your carrier.
Opt-In Procedures
To subscribe to GMRGold text messages, follow the instructions provided by the relevant program, such as responding affirmatively to an initial message (e.g., replying “Y” or “Yes”).
Opt-Out Procedures
To unsubscribe from a particular GMRGold text messaging service, please send the word “STOP” to the corresponding five-digit short code from which you have been receiving messages. By doing this, you may receive a single final message from GMRGold confirming your withdrawal from the specified text messaging service. After this confirmation, you will no longer receive messages related to that specific program, unless you choose to resubscribe. Please be aware that this action will only remove you from the specific service associated with the five-digit code used. Your subscription to other GMRGold text messaging services will remain active.
Your Mobile Number
By enrolling, you confirm you are the owner of the number(s) provided. Notify GMRGold immediately of any number changes by contacting Customer Care at 1-888-888-8888. You agree to indemnify GMRGold for any claims or damages due to failure to notify us of number changes, including under the Telephone Consumer Protection Act.
Network Services
Text message delivery is contingent upon your carrier’s support and your device’s capability. GMRGold is not liable for network-related issues such as delayed or undelivered messages.
Supported Carriers
Carriers include AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, and others, subject to change. Carriers are not responsible for delayed or undelivered messages.
Support/Help
For inquiries, text “HELP” to the program’s short code or contact Customer Care at 1-888-228-1460.
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Eligibility
You must be a US resident and at least 18 years old to receive GMRGold text messages. Proof of age may be required.
Amendments to Terms and Conditions
GMRGold reserves the right to revise, modify, or amend these Terms and Conditions at any time. Such changes will become effective upon posting on GMRGold’s website (https://americanstandardgold.com/terms-and-conditions/). We recommend periodically reviewing these Terms to stay informed of any changes. Continued subscription to our text messages implies acceptance of these changes.
Termination of Services
GMRGold may suspend or terminate the delivery of text messages if you breach these Terms and Conditions. Service availability is also subject to the status of your mobile telephone service. We may modify or discontinue our text messaging service, in whole or in part, with or without notice.
Dispute Resolution
By agreeing to these Terms, you waive any rights to participate in a class action lawsuit or class-wide arbitration against GMRGold related to our text messaging service.
Contact Information
For further assistance or to update your mobile number, please contact GMRGold Customer Care at 1-888-888-8888.
Acknowledgement
Your participation in GMRGold’s text messaging programs signifies your understanding and agreement to these Terms and Conditions, including the Arbitration Clause and Class Action Waiver.
Privacy and Arbitration
Privacy Statement
We prioritize your privacy. For a comprehensive understanding of our privacy practices, please review our Privacy Statement at GMRGold Privacy Notice.
Arbitration and Class Action Waiver Agreement
Important Notice Affecting Your Legal Rights
Dispute Resolution via Binding Arbitration: Please read this section carefully as it significantly affects your legal rights, including your right to file a lawsuit in court. Any dispute or claim related to your use or receipt of GMRGold text messages will be resolved exclusively through binding arbitration, rather than in court, except for matters you or GMRGold can bring in small claims court if they qualify for such court’s jurisdiction.
Scope and Application: This arbitration agreement is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes arising out of or relating to any aspect of the relationship between you and GMRGold, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Specifically, it encompasses claims arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., and any other federal or state statutory or common law claims.
Governing Law: The Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”), governs this agreement to arbitrate. Unless you and GMRGold agree otherwise, the arbitration shall be conducted in accordance with the JAMS International Arbitration Rules. The arbitrator has the authority to grant damages and relief as permitted by the JAMS Rules and applicable law.
Final and Binding Arbitration: The arbitrator’s decision will be final and binding, subject to limited review under the FAA. An award may be entered in any court with proper jurisdiction.
Waiver of Jury Trial and Class Actions: By agreeing to this arbitration provision, both you and GMRGold waive the rights to a jury trial and to participate in class actions, class-wide arbitrations, private attorney-general actions, or any other representative proceedings.
Individual Arbitration: This agreement precludes class arbitrations or any other consolidation of individual arbitrations. Disputes will be arbitrated only on an individual basis.
Arbitration Costs: All arbitration fees and costs will be governed by the JAMS Rules.
Venue: Arbitration will occur in The Woodlands, Texas unless conducted by telephone or written submission, or otherwise ordered by a court.
Agency Relief: This arbitration agreement does not prevent you from bringing your concerns to the attention of government agencies, which, if permitted by law, may seek relief on your behalf.
Opt-Out Provision: To opt out of this arbitration agreement, email info@americanstandardgold.com within 30 days of accepting these Terms and Conditions. Include your name, address, phone number, the URL of this provision, and a clear statement of your intent to opt out of the arbitration provision.
Applicable Law and Severability Clause
Governing Law
This agreement and your use of the service provided herein shall be governed and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.
Severability of Provisions
In the event that any provision of these GMRGold. Terms and Conditions is found to be unlawful, invalid, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. This severability clause shall apply only to the extent that the removed provision does not materially alter the agreement’s economic substance. If the elimination of such provision does materially alter the economic substance of the agreement, and the reason for its invalidity or unenforceability is not due to the intentional misconduct or gross negligence of the party adversely affected, then the party adversely affected shall be entitled to seek appropriate compensation for the adverse impact caused by such severability. This compensation is limited to the extent necessary to restore the adversely affected party to the economic position it reasonably anticipated prior to such term’s invalidity or unenforceability.