IMPORTANT -- READ CAREFULLY: This Telephonic Communications Agreement (Agreement) constitutes the terms and conditions applicable to communications from VanDyk Mortgage Corporation regarding product and service offers and promotions, and among other things, REQUIRES YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS.

 

Call Recording and Monitoring. You acknowledge that telephone calls to or from VanDyk, together with its agents and affiliates, may be monitored and recorded and you agree to such monitoring and recording. 

 

Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to VanDyk, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate.  You verify that you are the current subscriber or owner of any telephone number that you provide.  You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by replying STOP to any text message you receive from us, or email to optout@vandykcorp.com. 

 

Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from VanDyk, and third-parties acting on its behalf, regarding your account, any application or transaction, and/or your relationship with VanDyk, and, if you opt-in, product and service offers and promotions.  You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive automated calls and text messages from VanDyk, even if you cancel your account or terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services or account creation.  If you do not consent, you may call us at 1(888)482-6395 to further inquire about our products and services. To opt-out, please see the Opt-Out Instructions below.

 

Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time.  To opt-out of text messages, reply STOP to any text message you receive from us.  You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out.  We may use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which you are subscribed. If you would like to stop messages from multiple shortcodes, reply STOP to each shortcode to which you would like to unsubscribe. Alternatively, you may email optout@vandykcorp.com advising that you want to opt out of text messages and specifying the phone number(s) for which that opt-out should apply To opt-out of automated voice calls (not text messages), you must (i) provide us with written notice revoking your consent to receiving automated calls; (ii) in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls; and (iii) send this written notice to VanDyk Mortgage Corporation, ATTN: Legal, 2449 Camelot CT SE, Grand Rapids, MI 49546   It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request.  Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.

 

Fees and Charges.There is no fee to receive automated marketing telephone calls or text messages from VanDyk. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that VanDyk is not responsible for such charges.

 

Unauthorized Use of Your Telephone Device. You must notify VanDyk immediately of any breach of security or unauthorized use of your telephone device. Although VanDyk will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

 

Your Indemnification to Us. You agree to indemnify VanDyk for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liabilities, costs and expenses (including reasonable attorneys fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

 

Release of Claims. You hereby release VanDyk from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

 

General.You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets.Your obligations under this Section will survive termination of these Terms of Service.

 

ARBITRATION.Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between us (including any communications between us), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You agree that we are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. All such matters will be decided by an arbitrator and not by a court or judge. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other relevant circumstances. If the parties are unable to agree on a location, the AAA or the arbitrator will determine the location. The arbitrators decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. You may opt out of this agreement to arbitrate by emailing us at optout@vandykcorp.com with your first name, last name, phone number, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement. Notwithstanding any of the foregoing, nothing in this Agreement will prevent you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NO LAWSUIT, ARBITRATION, OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH OR ARISING OUT OF THIS AGREEMENT SHALL BE BROUGHT OR FILED BY YOU MORE THAN ONE (1) YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED. IN ADDITION, TO THE EXTENT PERMITTED BY LAW, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY, AND EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL.

CLASS WAIVER.TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. YOU WILL NOT BRING ANY CLASS ACTION LAWSUIT AGAINST VANDYK OR BE A REPRESENTATIVE PLAINTIFF OR PLAINTIFF CLASS MEMBER IN ANY SUCH LAWSUIT.