Cellular Sales Marketing Consent Terms and Conditions

The following CELLULAR SALES MARKETING CONSENT TERMS AND CONDITIONS (these “Terms and Conditions”) apply to persons and entities who have consented to receiving marketing communications from Cellular Sales Management Group, LLC and its affiliated companies (collectively “Cellular Sales”). Last updated: March 29, 2025.

1. Applicability. Cellular Sales, through its website, customer facing interactions, and other means, may, from time to time, provide opportunities for customers, prospective customers, and others to provide express written consent to receive telephone calls and text messages containing promotional offers, marketing messages, and other solicitations (collectively, “Marketing Communications”). By giving such consent, you agree to these Terms and Conditions, as the same may be amended from time to time. These Terms and Conditions are intended to supplement your provision of express written consent to receive Marketing Communications from Cellular Sales at the telephone numbers you provided. To the extent that these Terms and Conditions are not enforceable, they shall be severable from your agreeing provided by ESIGN signature to receive Marketing Communications from Cellular Sales at the telephone numbers you provided.
2. Express Written Consent. By agreeing to these Terms and Conditions, you are providing your express written consent agreement to permit Cellular Sales along with parties calling on their behalf to contact you with Marketing Communications at the number(s) selected using any technologies including automated telephone dialing systems, RCS/SMS/MMS, AI generative voice, and prerecorded and/or artificial voice messages.
3. Not a Condition of Purchase. You acknowledge that your consent was not a condition of any purchase from Cellular Sales.
4. Method of Contact-Telephone Calls. You agree that Cellular Sales may initiate, or cause to be initiated by third parties or by technology systems operated by it or third parties, periodic Marketing Communications in the form of telephone calls to the telephone number(s) associated with your consent (each, a “Call”).
5. Method of Contact-Text Messaging. You agree that Cellular Sales may send, or cause to be sent by third parties or by technology systems operated by it or third parties, periodic Marketing Communications in the form of text messages (RCS/SMS/MMS) to the telephone number(s) associated with your consent (each, a “Text Message”).
6. Contact Technology. You agree that Calls and Text Messages may be placed or sent to you using any type of technology including without limitation automatic telephone dialing or texting systems which may include automated calls or text messages.
   1. Frequency. Messaging frequency varies.
   2. Cost of Text Messaging. Message and data rates may apply to Text Messages sent to you and any text message you may send to Cellular Sales in response. Please contact your wireless provider for information regarding your text and data plan.
7. Revocation of Consent. You may revoke your consent at any time. To revoke your Call consent, you may advise the caller of the revocation when a call is received, contact customer service at 800-342-9727, or visit https://www.cellularsales.com/contact-us/. To revoke your Text Message consent, reply “STOP” to any Text Message from Cellular Sales in which case you will receive a communication confirming that your request has been received. In addition, you may revoke your consent in any other manner applicable law requires us to accept.
8. Marketing Communications When Consent is Not Required. Any revocation of consent will not apply to Marketing Communications which do not, by law, require consent. To be placed on the Cellular Sales Do Not Call List, please visit https://www.cellularsales.com/do-not-call-policy/.
9. Assistance. Reply “HELP” to any Text Message, contact customer service at 800-342-9727, or visit https://www.cellularsales.com/contact-us/.
10. Privacy Policy. Cellular Sales’ Privacy Policy applies to certain information about you which is possessed, or may come to be possessed, by Cellular Sales.
11. Carrier Liability. Wireless carriers are not liable for delayed or undelivered messages.
12. Dispute Resolution Provision.
    1. Applicability of Dispute Resolution Provision. This Dispute Resolution Provision (this “DP Provision”) applies to any and all Claims between you (“You”) and Cellular Sales Management Group, LLC, its parent, and its affiliated companies under common control of its parent (each, a “Cellular Sales Entity,” and collectively, “Cellular Sales”). “Claim” means any dispute of any nature whatsoever between You and Cellular Sales including both Product Claims and Non-Product Claims. “Product Claim” means any dispute which arises from or is otherwise related to the purchase or receipt by You of products and/or services provided by or received from a Cellular Sales Entity. “Non-Product Claim” means any dispute which is not a Product Claim including, without limitation, (i) a Forum Claim, (ii) a Statutory Claim, and (iii) a Tort Claim. “Forum Claim” means any dispute as to arbitrability or the validity, formation, interpretation, scope, or enforceability of this DP Provision, including the arbitration clause, or whether a particular Claim is subject to arbitration pursuant to this DP Provision. “Statutory Claim” means any dispute alleging a federal or state statutory violation which includes a private cause of action including, without limitation, any statute, such as the federal Telephone Consumer Protection Act and similar state statutes, related to telemarketing activities; and any statute related to accommodations such as the Americans with Disability Act and Title II of the Civil Rights Act of 1964. “Tort Claim” means any dispute alleging a tort including, without limitation, negligence, negligent hiring/training, defamation, invasion of privacy, infliction of mental distress, or any intentional tort.
    2. Agreement to Arbitrate Claims. Except for Exempt Claims (as defined below), You and Cellular Sales (each, a “Party,” and collectively, the “Parties”) agree to arbitrate, pursuant to the Arbitration Guidelines set forth below (the “Arbitration Guidelines”), any and all Claims either Party may have against the other. The Parties also agree to arbitrate, pursuant to the Arbitration Guidelines, any and all Claims You have against any officer, director, employee, or representative of any Cellular Sales Entity (each, a “Cellular Sales Representative”) for acts and/or omissions allegedly occurring within the course and scope of the Cellular Sales Representative’s employment with Cellular Sales.
    3. Agreement to Negotiate. Prior to instituting any arbitration proceeding, or in the case of an Exempt Claim, prior to instituting any action in small claims court, the Party asserting any Claim (the “Claimant”) shall give written notice to the other Party of the Claim (the “Claim Notice”) which shall include (i) a reasonable description of the facts giving rise to the Claim; (ii) a proposed resolution to the Claim; and (iii) the Claimant’s contact information (e.g., e-mail, telephone, and/or street address) including the preferred method and best time of day to be contacted. Claim Notices from You must be mailed or delivered to Cellular Sales Management Group, LLC, 9040 Executive Park Drive, Knoxville, Tennessee 37923 ATTN: General Counsel. Claim Notices from Cellular Sales must be mailed or delivered to You at the address given to Cellular Sales in conjunction with your most recent transaction with Cellular Sales. Upon receipt of a Claim Notice, the receiving Party may, at its sole discretion, contact the Claimant in an effort to resolve the Claim.
    4. Arbitration Guidelines. If the Claim is not resolved within 30 days following delivery of the Claim Notice and provided the Party wishes to pursue the Claim, the Party must initiate arbitration proceedings with the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Consumer Arbitration Rules”); provided, however, in the case of an Exempt Claim, the Party may alternatively initiate an action in any small claims court possessed of requisite jurisdiction. The applicable AAA Consumer Arbitration rules are available at www.adr.org.
    5. Arbitrator’s Authority to Make Award. Consistent with Rule 44 of the AAA Consumer Arbitration Rules, the arbitrator may grant any remedy, relief, or outcome that the Parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the arbitration, except that the arbitrator shall not permit either Party to bring any Claim as part of a class or collective action.
    6. Applicability of FAA. Each Party acknowledges and agrees that this DP Provision affects interstate commerce and that the Federal Arbitration Act and federal arbitration law applies to the arbitration proceedings provided hereunder.
    7. Venue. The location for the arbitration (the “Arbitration Venue”) shall be determined in accordance with the following:
       1. If a Product Claim (including any related Forum Claim), then in the county or parish in which the product or service was sold or provided.
       2. ii. If a Non-Product Claim (other than a Forum Claim related to a Product Claim), in the county or parish in which You reside.
    8. Governing Law. The Parties acknowledge and agree that for Product Claims, the laws of the state of the Arbitration Venue shall apply without regard or reference to choice or conflict of law rules. For Non-Product Claims, the Parties acknowledge and agree that the laws of the state in which all or a substantial part of the events or omissions giving rise to the Non-Product Claim occurred, as determined by the arbitrator.
    9. Exempt Claims. If any provision of this DP Provision is held to be illegal, invalid, or unenforceable (the “Rejected Provision”), the remainder of this DP Provision shall remain in full force and effect. If the Rejected Provision may be made enforceable by limitation thereof, then the Rejected Provision shall be deemed to be so limited and shall be enforceable to the maximum extent permitted by applicable law.
    10. Severability. If any provision of this DP Provision is held to be illegal, invalid, or unenforceable (the “Rejected Provision”), the remainder of this DP Provision shall remain in full force and effect. If the Rejected Provision may be made enforceable by limitation thereof, then the Rejected Provision shall be deemed to be so limited and shall be enforceable to the maximum extent permitted by applicable law.
    11. WAIVER OF CLASS AND COLLECTIVE STANDING OR ACTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY EXPRESSLY WAIVES THE RIGHT TO FILE, BRING OR JOIN ANY CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY (A “CLASS ACTION”), AND THIS DP PROVISION PROHIBITS THE ARBITRATION OF CONSOLIDATED, CLASS, OR REPRESENTATIVE DISPUTES. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS UNLESS ALL PARTIES AFFIRMATIVELY AGREE IN WRITING.
    12. JURY TRIAL WAVER. WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, EACH PARTY WAIVES ANY RIGHT THE PARTY MAY HAVE TO A JURY TRIAL TO RESOLVE SUCH CLAIM.