Effective Date: 3/20/2021
Birch Gold Group Alerts
Receive educational materials and promotional messages from Birch Gold Group through your mobile device. Text GOLD to 989898 to opt-in. Message and data rates may apply.
By texting GOLD to 989898 and opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system, and you accept and agree to be bound by the Mobile Terms & Conditions, which can be accessed at https://www.birchgold.com/mobile-terms-conditions/. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By texting GOLD to 989898 and opting into this service, you are agreeing to resolve any dispute through binding arbitration on an individual basis, you are waiving your right to a jury, and you are waiving any right to pursue a class arbitration or class action. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
By signing up, you are confirming you are over the age of 13.
Text STOP to 989898 to stop receiving Birch Gold Group Alerts messages from Birch Gold Group (you will receive a confirmation text).
For additional information, text HELP to 989898 or contact firstname.lastname@example.org.
Supported carriers are:
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. T-Mobile is not liable for delayed or undelivered messages.
To sign up for Birch Gold Group Alerts, you need to accept these Mobile Terms & Conditions. By texting GOLD to 989898, you acknowledge and agree to the Mobile Terms & Conditions (“Agreement”) as follows. PLEASE READ IT CAREFULLY.
- AGREEMENT TO ARBITRATE; JURY WAIVER: You and Birch Gold Group (“BGG”) agree to arbitrate all claims, disputes, and controversies between us including, but not limited to, those arising out of or relating in any way to any transaction, communication, or interaction between us, this Agreement, or the Birch Gold Group Alerts (“Claims”). You also agree that, by entering into this Agreement, you and BGG are each waiving the right to a trial by jury or to participate in a class, representative, or collective action.
- NOTICE OF DISPUTE: In the event of a dispute, before initiating arbitration, the claimant (whether you or BGG) must first send to the other a written statement (“Notice”) summarizing the claim or dispute and the request for relief. If you are the claimant, the Notice shall be sent to Birch Gold Group, Attn: Legal, 3500 W. Olive Ave., Suite 730, Burbank, CA 91505.
- FORUM: If the dispute is not resolved by direct negotiation between us within 30 days after the Notice is received, either you or BGG may initiate binding arbitration as the exclusive means to resolve any Claims, before a single neutral arbitrator, at JAMS in Los Angeles, California. However, if the JAMS Rules or any applicable JAMS Standards require it, or the arbitrator concludes that it would be a financial or other hardship for you to participate in an arbitration in Los Angeles, 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.
- RULES: Arbitration shall be administered pursuant to JAMS Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures, as applicable, excluding any rules or procedures governing or permitting class, collective, or representative actions or proceedings. The rules may be accessed at http://www.jamsadr.com/ or by calling (800) 352-5267.
- AUTHORITY: The arbitrator may award whatever relief would be available in court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
- COSTS: Arbitration and arbitrator’s fees and costs shall be governed, as applicable, by the JAMS Rules referenced above and JAMS Minimum Standards. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, BGG will pay the additional cost.
- CLASS ACTION WAIVER: To the fullest extent permitted by law, you and BGG agree that any Claims brought shall be decided by the arbitrator on an individual basis and not on a class, collective, or representative basis, and you and BGG waive the right to bring any Claim as a class, collective, or representative action or seek relief 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. If any court or arbitrator determines that the waiver set forth in this paragraph is void or unenforceable or that an arbitration can proceed on a class, collective, or representative basis, then all arbitration provisions set forth above shall be deemed null and void and the parties shall be deemed to have not agreed to arbitrate Claims.
- FUTURE AGREEMENTS: If you and BGG enter into other agreement(s) in the future, said agreement(s) shall control all claims, disputes, and controversies between us arising out of or relating in any way to any transaction, communication, or interaction between us as may be further provided in said agreement(s); whereas this Agreement controls and will control all claims, disputes, and controversies between us arising out of or relating in any way to the Birch Gold Group Alerts and this Agreement.
- SEVERABILITY: If any of the above provisions is found to be invalid, the arbitrator or court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions shall remain in full force and effect.