Terms & Conditions
1. Use of Site and Services
By accessing and using sproutagency.co, you agree to comply with all applicable laws and regulations. Prohibited uses include, but are not limited to, unauthorized use of the site or services, attempting to interfere with the site’s functionality, and engaging in fraudulent activities.
2. Intellectual Property
All content on this site, including text, graphics, logos, and images, is the property of Sprout Legal, Inc. ("Sprout", "us", "we", "our", "agency") or its content suppliers and is protected by copyright and other intellectual property laws. User-generated content submitted to the site grants Sprout Legal a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, and display such content.
3. Disclaimers of Warranties and Limitations on Liability
Sprout Agency provides the site and its services “as is” and “as available” without any warranties of any kind, either express or implied. Sprout Legal will not be liable for any damages arising from the use of the site or services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
4. User Responsibilities
Users are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account. Users agree to notify Sprout Agency immediately of any unauthorized account use.
5. Privacy
Sprout Agency respects your privacy. Please refer to our Privacy Policy for information on how we collect, use, and protect your personal data
6. Modifications
We reserves the right to modify these terms at any time. Continued use of the site following any changes indicates acceptance of the new terms.
7. Governing Law
These terms are governed by and construed in accordance with the laws of the jurisdiction in which Sprout Agency operates, without regard to its conflict of law principles.
8. Contact Information
For any questions about these terms, please contact us at contact@sproutagency.co.
9. Acceptance of Terms
By using sproutagency.co, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
10. Text Messages
Sprout Legal, Inc. ("us", "we", "our", "agency") SMS Messaging is a standard-rate, SMS and MMS program which assists new clients of the agency in the onboarding process and as an optional communication channel. Message and data rates may apply.
By opting into Sprout Legal, Inc. SMS Messaging, end-users agree to receive SMS messages from or on behalf of Sprout Legal, Inc. via their Chief Strategist and/or Project Manager and understand that consent is not a condition of service.
By “Opting In” to or using Sprout Legal, Inc. SMS Messaging, you accept these Terms & Conditions and agree to resolve disputes with Sprout Legal, Inc. through binding arbitration (and with very limited exceptions, not in court). You also waive any right to participate in class actions, all as detailed in the “Disputes” section below.
10.1 Customer Support
Send HELP to 651-333-6850 at any time to receive program contact information. You can also call 651-333-6850. Reply STOP to 651-333-6850 at any time to stop receiving texts. Please note: Carriers are not liable for delayed or undelivered messages.
10.2 Opting In
By Opting In to an SMS Messaging:
- You authorize Sprout Legal, Inc. (“the firm”) to use non-autodialer technology to send text messages to the cell phone number associated with your Opt-In (i.e., the number listed on a Contact Form, Opt-In form or instructions, Intake Document, or, if none, the number from which you send the Opt-In, or, if none, the number on file for the record associated with your account). You also authorize the firm to include marketing content in any such messages.
- You are signing your Opt-In to the SMS Messaging.
- 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 651-333-6850 or email your Chief Strategist or Project Manager
- 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 SMS Messaging.
- After Opting In, in addition to SMS messages from or on behalf of Sprout Legal, Inc. you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
10.3 Eligibility
To receive SMS text messages or enroll in our SMS Messaging, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the text messaging program, and authorized to incur any mobile message or data charges incurred by participating. We reserve the right to require you to prove the foregoing to participate in SMS Messaging.
10.4 About the Text Message Services and Opting Out
Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. The firm 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 Text Message, text HELP to that number for help and STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the Text Message Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification.
You consent to the handling of your information as described in the Sprout Legal, Inc. Privacy Policy. To contact the agency, call 651-333-6850. You must be 18 years of age or older (except Alabama and Nebraska, where you must be 19 years of age or older).
10.5 Message Frequency
Under the SMS Messaging Program, the number of text messages that you receive from your Chief Strategist may vary depending on your account activity and your communication with us. If you do not reach out to Sprout Agency to communicate via text message, the maximum number of messages you will receive is one per week. This ensures that you are not overwhelmed with communications and can manage your engagement with our services at a comfortable pace.
10.6 SMS Messaging Fees
We do not impose a separate fee for sending the agency text messages under the text messaging program. However, standard message and data rates may apply to each text message sent or received in connection with the program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.
10.7 Release: No Warranties; Limitation of Liability
By participating in the firm SMS Program, you agree to release and hold harmless the agency and its representatives, agents, successors, assigns, employees, officers, and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury, and death that may occur in connection with the firm, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE AGENCY SMS/TEXT MESSAGING IS PROVIDED “AS IS,” WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. THE FIRM DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
In no event shall the firm be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the text messaging program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or for regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from the text messaging program, or your use thereof, regardless of the theory of recovery, is $10.00.
10.8 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. 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 American Arbitration Association (AAA) describing your claim and serve us a copy of the demand. 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 not reimburse any fees arbitration or attorney fees.
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.
10.9 Attorney Fees
In the event of any claim, matter, or dispute between you and the firm arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and the firm or anyone acting on your or the firm’s behalf, or the text messaging program, the firm, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration-related fees and expenses.