These Terms govern the mobile text message (SMS/MMS) program operated by Asbury Law. By providing your mobile number and opting in, you agree to these Terms.
Asbury Law (“Asbury Law,” “the Firm,” “we,” “us,” or “our”) offers a text-messaging program (the “Program”) that lets us communicate with clients, prospective clients, and others who have asked to hear from us by SMS and MMS. The Program is operated on our behalf through a licensed business communications platform (our messaging vendor). By enrolling, participating in, or otherwise using the Program, you accept and agree to these SMS Terms of Service (these “Terms”), to our Website Terms of Use, and to our Privacy Policy. These Terms are a supplement to, and are incorporated into, any other agreement between you and Asbury Law; they do not replace your engagement agreement, if you have one.
You are enrolled in, and consent to receive text messages under, the Program only when you take an affirmative opt-in action, such as:
When you opt in, you represent that you are the account holder or an authorized user of the mobile number you provide, and that you are at least 18 years of age. You agree to notify us if you stop using that number.
Consent is not a condition of purchase or service. You are not required to agree to receive text messages in order to retain Asbury Law, to receive legal services, or to buy any product, membership, or subscription. If you prefer, we will communicate with you by phone, email, or mail instead.
Depending on how you interact with us, the Program may send you messages such as:
The specific messages you receive depend on the interactions you have with us and the consent you have given.
Message frequency varies and depends on your interactions with Asbury Law. For conversational messages, you will generally receive messages in response to yours. For appointment, account, and matter-related messages, you will receive messages as events on your matter occur. We do not send a fixed number of messages per period.
Asbury Law does not charge you a fee to participate in the Program. However, message and data rates may apply to each message sent or received, depending on your mobile carrier and plan. These charges are billed by and payable to your wireless carrier, and are your sole responsibility. Please contact your wireless carrier for details about your plan and any applicable charges.
You can cancel the Program and stop receiving text messages from us at any time. Simply reply STOP to any message you receive from us (you may also text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT).
After you send STOP, we will send you a single confirmation message acknowledging that you have been unsubscribed, and you will no longer receive text messages from that program. If you remain subscribed to more than one type of message from us, we may confirm which messages you have opted out of. To rejoin, simply opt in again as described in Section 2 (for example, by texting START or UNSTOP, or by submitting a new form).
Opting out of texts does not opt you out of other communications. We may still contact you by phone, email, or mail, including where doing so is necessary to service an active legal matter or account.
For help with the Program at any time, reply HELP to any message, or contact us using the details in Section 14. In response to HELP, you will receive a message with our name and contact information. For help with your mobile plan or charges, contact your wireless carrier.
The Program is generally available on major U.S. wireless carriers, including AT&T, Verizon Wireless, T-Mobile, and their affiliates and resellers. Carrier availability may change, and we cannot guarantee that your carrier supports the Program.
Carriers are not liable for delayed or undelivered messages. Wireless carriers are not responsible for delayed, failed, or undelivered messages. Message delivery is subject to effective transmission by your carrier and other factors outside our control. We do not guarantee that any message will be delivered, or delivered within a particular time.
Your privacy matters to us. Our collection and use of information through the Program is described in our Privacy Policy.
We do not sell, rent, or share your mobile phone number or your text-messaging opt-in (consent) data with any third party for that third party’s own marketing or promotional purposes. We share this information only with the vendors and service providers who help us operate the Program (such as our messaging platform), and only to the extent needed to deliver the Program to you or as required by law. No mobile opt-in data is shared with third parties or affiliates for marketing purposes.
Please remember that SMS and MMS are not secure or encrypted methods of communication. Do not send confidential, sensitive, privileged, or personally sensitive information (for example, Social Security numbers, financial account details, or the confidential facts of a legal matter) by text. See Section 10.
Because Asbury Law is a law firm, the following apply to all text communications with us:
Sending or receiving text messages, and providing your number, does not create an attorney–client relationship between you and Asbury Law. An attorney–client relationship is formed only through a signed written engagement agreement with the Firm. Until then, you are not a client.
Text messages from Asbury Law are for communication and administrative convenience only and do not constitute legal advice. Do not rely on a text message as legal advice or as a substitute for a consultation. Information you send us by text does not, by itself, obligate us to take any action or to represent you.
Text messages are not a confidential or privileged channel. Information you send by text may not be protected by the attorney–client privilege and could be accessed by others. Do not text us confidential or sensitive details about your legal matter; use a secure channel we direct you to instead.
The Program is not monitored 24/7 and is not for emergencies. Do not use text messaging to report an emergency, a time-sensitive deadline, or any matter requiring immediate attention. If you have an emergency, call 911 or the appropriate authorities. We do not guarantee that any text will be read or answered within any particular time.
Do not use the Program to communicate litigation deadlines, statutes of limitation, court dates, or instructions that require timely action. Such matters must be communicated through the channels specified in your engagement agreement.
We may change, suspend, or end the Program, or any feature of it, at any time without notice. We may also update these Terms from time to time. Changes are effective when we post the updated Terms at this page with a new “Last updated” date. Your continued participation in the Program after a change takes effect means you accept the updated Terms. If you do not agree, reply STOP to cancel.
The Program is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Asbury Law disclaims all warranties of any kind regarding the Program, and is not liable for any loss, cost, or damage arising from delayed, failed, misdirected, or undelivered messages, from your carrier’s charges, or from your use of or inability to use the Program. Nothing in these Terms limits any liability that cannot be limited under applicable law, or any duty Asbury Law owes to a client under its engagement agreement or the Rules Regulating The Florida Bar.
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Questions about the Program or these Terms can be directed to:
Asbury Law — Attn: Thomas F. Asbury, Esq.
Mailing address: 245 Riverside Avenue, Suite 100, Jacksonville, Florida 32202
Phone / text: (904) 456-0480
Email: Tom@Asbury-Law.com
Website: asbury-law.com