These American National Text Message Terms and Conditions constitute an agreement (“Agreement”) between American National Insurance Company and its direct and indirect subsidiaries (each a “Company,” and collectively, “American National”) and participants in the text message program (the “Program”). The words “you” and “your” refer to each person who enrolls in the Program, and each person who acts on behalf of or with the permission of the enrollee. Please read this Agreement carefully.
By opting in to the Program, you expressly consent to receive text messages relating to your policy or claim from American National at the mobile telephone number you provide in accordance with these terms and conditions, even if such number appears on a Do Not Call List. You acknowledge and agree that American National may use an automatic telephone dialing system (“auto-dialer”) to deliver American National text messages to you. You understand that text messages will not be sent in lieu of required written notices. Your participation in the Program is optional and NOT a condition of purchasing any product or service from American National. You may opt-out of these text messages at any time. If you have any questions about the Program, please call customer service at (800) 333-2860.
To receive American National text messages, you must be a resident of the United States, and you must be 18 years of age or older. You certify that you are a resident of the United States, and you are 18 years of age or older.
The number of American National text messages that you receive will vary depending on the nature of your policy or claim. American National has the right to change the content of any text message and the frequency of delivery, without prior notice.
Message and data rates may apply to each text message sent or received in connection with the Program in addition to any applicable roaming charges (please contact your mobile telephone carrier for pricing plans). American National does not impose a separate fee for text messages.
We are able to deliver messages to the following mobile telephone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages. Even if a carrier is supported, short code text message capabilities may not be enabled for your mobile telephone plan.
HOW TO OPT IN
You may enroll in the Program by contacting your claims adjuster or customer service at (800) 333-2860. To opt-in to receiving text messages from American National at your mobile telephone number, reply YES to the confirmation text message. For further assistance, text HELP to any text message from American National or call customer service at (800) 333-2860. American National will respond with additional contact information for support.
HOW TO OPT OUT
To opt-out of receiving text messages from American National at your mobile telephone number, text STOP to any text message from American National. For your protection, you will then receive a text message confirming your opt-out. Thereafter, you will no longer receive any text messages from American National at your mobile telephone number, unless you re-enroll in the Program.
YOUR MOBILE TELEPHONE NUMBER
You represent that (a) you are the account holder for the mobile telephone number that you provide or (b) you have the account holder’s permission to enroll the mobile telephone number in the Program. You are responsible for notifying American National immediately if you change your mobile telephone number. You may notify American National of a change by calling customer service at (800) 333-2860.
UNGUARANTEED ACCESS OR DELIVERY TO MOBILE TELEPHONE NETWORK
American National does not guarantee continuous, uninterrupted or secure mobile telephone network services. American National cannot guarantee that text messages provided through your mobile telephone carrier will be delivered to you. You understand that delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions, and you acknowledge that American National is not responsible for any delayed or undelivered text messages.
SECURITY OF TEXT MESSAGES
American National does not guarantee that text messages will not be misappropriated, intercepted, diverted, lost, accessed, disclosed, or used by others. You acknowledge that American National text messages, and the transmission of such text messages, are not encrypted. You acknowledge that American National text messages may include information about your policy or claim. You understand and agree that the sending and receiving of information through text messages provides opportunity for unauthorized access by a third party. Text messages may be displayed when your mobile device is “locked,” and you are responsible for ensuring such text messages are not viewable by third parties. For these reasons, American National will not include full policy numbers, full claim numbers, or passwords in a text message.
You agree that your participation in the Program is at your sole risk. You further agree that American National is not responsible for loss or damage of any sort that could arise out of the interception or misuse of text messages by third parties. Notwithstanding the foregoing, you authorize American National to monitor and record all text messages sent or received in connection with the Program. American National will retain and dispose of such text messages in accordance with our data retention policy.
TERMINATION OF THE PROGRAM
American National may suspend or terminate your participation in the Program if American National believes you are in breach of this Agreement. Your participation in the Program is also subject to termination in the event that your mobile telephone service terminates or lapses. American National reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Program, with or without notice.
RELEASE, INDEMNITY, AND LIMITATION OF LIABILITY
By participating, you agree to release, indemnify and hold harmless American National and its respective representatives, agents, successors, assigns, employees, officers and directors (together, the "Released Parties"), from any and all liability, loss, harm, damage, injury, cost, or expense whatsoever, including without limitation, negligence, property damage, personal injury, and death, which may occur in connection with the Program, and for any claims based on violation of law, regulation, or rule; infringement; or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, and invasion of privacy.
You agree that American National will not have any liability for, and you hereby waive, release, and agree not to sue American National for (i) any punitive or exemplary damages, (ii) any reliance damages, (iii) any special, indirect, incidental, or consequential damages (including, without limitation, lost profits), (iv) any non-economic damages (including, without limitation, emotional distress, emotional discomfort, or mental anguish), however caused and under any theory (including, without limitation, negligence), in connection with, arising out of, or in any way related to, the Agreement, the Program, or your participation in the Program.
EXCLUSION OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTY FOR CONTENT, INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED IN CONNECTION WITH THE PROGRAM; (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, OR SERVICES OFFERED ON OR THROUGH THE PROGRAM; (C) ANY WARRANTIES THAT THE PROGRAM IS PRIVATE OR SECURE; AND (D) ANY WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NONINFRINGEMENT.
THE PROGRAM IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE RELEASED PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF INFORMATION ABOUT THE PROGRAM OR INFORMATION MADE AVAILABLE THROUGH THE PROGRAM. THE ACCURACY, COMPLETENESS, SEQUENCING, OR TIMELINESS OF INFORMATION IS NOT GUARANTEED BY US AND INFORMATION IS SUBJECT TO CHANGE.
American National reserves the right, at its sole discretion, to modify or remove portions of this Agreement at any time. In such case, American National will revise the date at the top of the Agreement and post the updated Agreement to its public website. If you do not agree with any changes, you can choose to discontinue your participation in the Program. Your continued participation in the Program will indicate your acceptance of any changes.
The Agreement will be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflicts of laws provisions. Any dispute concerning the Agreement or the Program will be subject to venue of a court of competent jurisdiction in Galveston County. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
The Agreement is the complete and exclusive agreement between you and American National relating to the Program, which supersedes any prior agreement, oral or written, and any other communications between you and us related to the Program.