Mobile Terms and Conditions

Mobile Terms & Conditions

THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.

1. Consent to Contact: By opting-in to receive messages, you authorize BGG to use autodialer or non-autodialer technology, pre-recorded and/or artificial voice communications and messages, and/or ringless voicemails to send messages to the phone number(s) associated with your opt-in (i.e., the number from which you send the opt-in, or, if none, the number(s) on file for the account associated with your opt-in). You also authorize BGG to include marketing content in any such messages.

2. Consent Optional: You do not have to opt in as a condition of purchase.

3. Your Representations: By opting-in to receive messages, you represent and warrant that (i) you are 18 years of age or older, and (ii) 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 to receive messages.

4. Privacy: We take your privacy seriously. Please visit https://www.birchgold.com/privacy-policy/ to review our privacy policy.

5. Revoking Consent: You may opt-out at any time by texting STOP to 989898, or by other reasonable means. Your opt-out request may generate a confirmation text.

6. Supported Carriers: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Please note, however, that the supported mobile carriers may change without notice. BGG and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages.

7. DISPUTE RESOLUTION; ARBITRATION; CLASS WAIVER. This Agreement contains a binding, individual arbitration agreement and class waiver. This means that any claim or Dispute (defined below, in Section 7(B)) between the Parties must be arbitrated on an individual basis pursuant to the terms set forth below; claims of different persons cannot be combined or aggregated, and both you and BGG are waiving Your right to file a lawsuit in Court and to have a jury decide the Dispute. Please read this section carefully.

a. Arbitration. Any controversy or claim arising out of or relating to this Agreement, its enforcement or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, or arising out of or relating in any way to any transaction, communication or interaction between you and BGG (“Dispute”), shall be submitted to final and binding individual arbitration under the following terms and conditions in order to establish and gain the benefits of a speedy, impartial and cost-effective dispute resolution procedure.

b. Procedure for Arbitration.

i. Forum. Except as otherwise prohibited by law, any Dispute will be decided exclusively by final and binding arbitration, before a single neutral arbitrator (the “Arbitrator”) in Des Moines, Iowa. Notwithstanding the immediately preceding sentence, if the applicable arbitration rules require it, or the Arbitrator concludes that it would be a financial or other hardship for you to participate in an arbitration in Des Moines, Iowa, the Arbitrator has the authority to hold the hearing, or any part thereof, in the county where you live or to permit you to attend via videoconference, telephonic, or similar virtual participation.

ii. Arbitration Rules. The arbitration shall be administered by AAA pursuant to its rules, or another national or local arbitration services provider mutually selected by the parties.

iii. Class Waiver. To the fullest extent permitted by law, and notwithstanding anything else in this Agreement, BGG and you agree that any Disputes brought shall be decided by the arbitrator on an individual basis and not on a class, collective or representative basis. The arbitrator shall not have the authority or jurisdiction to hear the arbitration as a class, collective or representative action or to join or consolidate causes of action of different parties into one proceeding.

iv. Authority. The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of these Dispute Resolution Procedures or to the arbitrability of any claim or counterclaim. The arbitrator may award any form of remedy or relief (including injunctive relief and specific performance) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason(s) for the award, which shall be delivered within 30 days of the close of the hearing on the arbitration (unless extended by the mutual agreement of the parties). The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction.

v. Costs. Subject to any applicable arbitration rule to the contrary, the fees of the arbitration, together with other expenses of the arbitration procedure incurred or approved by the arbitrator, shall be divided equally between the parties.

vi. Jury Waiver. THE PARTIES UNDERSTAND THAT, ABSENT THIS AGREEMENT, EACH WOULD HAVE THE RIGHT TO SUE THE OTHER IN COURT, AND THE RIGHT TO A JURY TRIAL, BUT, BY THIS AGREEMENT, GIVE UP THAT RIGHT AND AGREE TO RESOLVE BY ARBITRATION ANY AND ALL DISPUTES.

vii. Opt Out Rights. You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in Section 7 of this Agreement by sending a letter to Birch Gold Group, Attn: Legal Compliance, 309 Court Avenue, Suite 809, Des Moines, IA 50309, within fifteen (15) days of signing this Agreement that states, (a) Your name, (b) Your mailing address, and (c) Your request to be excluded from the final, binding arbitration procedure and class action waiver. All other terms of this Agreement shall continue to apply. Your letter must be postmarked by the applicable fifteen (15) day deadline to be effective, and must be sent in a manner by which delivery can be confirmed (e.g., certified mail, return receipt requested, or courier service). Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable fifteen (15) day deadline.

8. Notice for California Users: Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

9. Governing Laws: Any Dispute, controversy, or claim arising out of or relating to this Agreement, its enforcement or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, or arising out of or relating in any way to any transaction, communication or interaction between you and BGG shall be governed by Iowa law, without regard to conflict of law principles In this regard, the parties acknowledge and agree that this Agreement is made and entered into in Des Moines, Iowa. Notwithstanding the immediately preceding sentence or anything else herein to the contrary, Section 7 including the requirement to arbitrate claims on an individual basis, shall be governed by and interpreted in accordance with the Federal Arbitration Act.

10. Additional Agreements: In the case of individuals who make a purchase from or sale to BGG and agree to the BGG Customer Transaction Agreement, these Mobile Terms & Conditions govern your mobile communications with BGG, except to the extent of any conflict between these Terms and the Customer Transaction Agreement you signed, as in the event of such conflict, the provisions of the Customer Transaction Agreement shall control.

11. Severability: If any provision of this agreement is determined to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.