SMS Terms and Conditions
Last Updated: June 1, 2023
The MasterBrand Cabinets LLC (“MasterBrand”) is committed to building user trust and confidence by promoting and complying with the use of business practices that help protect the privacy and the security of the customer and their data.
PLEASE NOTE: THESE SMS TERMS CONTAIN AN ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION AFFECTS HOW DISPUTES WITH MASTERBRAND ARE RESOLVED. YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE SMS TERMS CAREFULLY.
Opting into Text Messages
By opting into any MasterBrand text program and by voluntarily providing your cell phone number to MasterBrand, you expressly consent to receive transactional, operational, or informational text messages at that phone number, including but not limited to account activity and service updates, order confirmations, and shipping and delivery notifications. Please note we may not be able to deliver messages to all mobile carriers. Consent to receive texts is not a condition of purchasing any goods or services, and you understand and agree that all text messages may be sent using automated technology.
- When you opt-in to the service, we will send you a message to confirm your signup. Text MASTERBRAND to 50214 to receive alerts from MasterBrand. Msg. Frequency of messages vary. Msg&data rates may apply. Text HELP for help, Text STOP to cancel
Eligibility and Change in Phone Number
By opting into MasterBrand's text messaging program(s) or by otherwise providing your cell phone number to MasterBrand, you warrant that you are 18 years of age or older. You further warrant that you are the current wireless service plan subscriber or authorized user of the phone number you have provided. You agree that you will not initiate messages to the mobile phone of any other person or entity without authorization. If you change, forfeit, or deactivate the phone number you have provided to MasterBrand, you agree to notify MasterBrand immediately. Failure to do so constitutes a material breach of these SMS Terms. Mobile carriers are not liable for delayed or undelivered messages. You grant express permission to send automated text messages to the enrolled mobile phone number(s) through your wireless phone carrier unless and until such permission is revoked in accordance with these SMS Terms.
How to Opt Out and Get Help
- To stop receiving text messages from MasterBrand, text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to the short code from which the text messages are being sent. You will then receive an additional text message confirming your decision to opt out.
- You can cancel this service at any time. Just text "STOP" to 50214. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.
- If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
- To request more information, text HELP to the short code from which the text messages are being sent. You may also receive assistance by emailing at email@example.com or by calling (812) 481-7879.
- If at any time you forget what keywords are supported, just text "HELP" to 50214. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
If you have opted into receiving text messages, you expressly consent and acknowledge that some messages are sent based on your interaction with MasterBrand and may vary in frequency depending on your account activity and your communication with MasterBrand.
Message and data rates may apply for any messages sent to you from or on behalf of MasterBrand, and messages you send to us. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
- Advantage Cellular (DTC Wireless)
- Aio Wireless/Cricket
- Appalachian Wireless
- Atlantic Tele-Network International (ATN)
- Bluegrass Cellular
- Buffalo Wireless
- C Spire Wireless
- Carolina West Wireless (CWW)
- CellCom USA
- Cellular Network Partnership (PIONEER)
- Cellular One of East Central Illinois
- Chariton Valley Cellular
- Chat Mobility USA
- Copper Valley
- Coral Wireless (Mobi PCS)
- Cross Telephone Company (MBO Wireless)
- Duet IP (Maximum Communications New Core Wireless)
- Element Mobile (Flat Wireless)
- Epic Touch (Elkhart Telephone)
- GCI Communications Corp
- Golden State Cellular
- Google Voice
- i Wireless (IOWA Wireless)
- Illinois Valley Cellular (IV Cellular)
- Immix (Keystone Wireless)
- Inland Cellular Telephone Company
- Mosaic (Consolidated or CTC Telecom)
- MTA Communications
- MTPCS (Cellular One Nation)
- Nex-Tech Wireless
- Northwest Missouri Cellular Limited
- Panhandle Telecommunications Systems (PTCI)
- Peoples Wireless
- Pine Belt Wireless
- Pine Cellular
- Revol Wireless USA
- Sagebrush Cellular (Nemont)
- SI Wireless/Mobile Nation
- SRT Wireless
- Texas RSA 3 Ltd (Plateau Wireless)
- Thumb Cellular
- U.S. Cellular
- Union Telephone Company (Union Wireless)
- United Wireless
- Verizon Wireless
- Viaero Wireless
- West Central Wireless (5 Star Wireless)
T-Mobile is not liable for delayed or undelivered messages.
Changes in terms
MasterBrand reserves the right to change these SMS Terms or cancel text messages service at any time. Any changes shall take effect when posted on MasterBrand Cabinet website. Your continued use and acceptance of text messages from MasterBrand after changes are made to these SMS Terms are deemed as acceptance of the modified SMS Terms. Therefore, please check these SMS Terms on a regular basis to ensure that you are aware of any change.
Limitation of Liability
To the maximum extent permitted by applicable law, you hereby agree that MasterBrand shall not be liable for any direct, indirect, consequential, special, incidental, punitive or any other damages, even if MasterBrand has been advised of the possibility of such damage or loss, arising or resulting from or in any way relating to your use of Masterbrand text messages. The wireless carriers are not liable for delayed or undelivered messages. Furthermore, MasterBrand shall not be liable for the acts or omissions of third parties, including but not limited to delays in the transmission of messages.
To the maximum extent permitted by applicable law, you expressly agree to indemnify, defend and hold harmless MasterBrand from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses (including reasonable attorneys' fees), judgments or penalties of any kind or nature whatsoever arising from your use or receipt of MasterBrand text messages.
Mandatory Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY PRE-DISPUTE RESOLUTION, BINDING ARBITRATION AND A CLASS ACTION WAIVER. IRRESPECTIVE OF ANY LAW TO THE CONTRARY, YOU MUST PROVIDE NOTICE TO MASTERBRAND, PURSUANT TO THE PROCEDURES SET FORTH IN THIS SECTION, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE WAIVED AND TIME-BARRED.
Pre-Dispute Resolution Process: Should you and MasterBrand have a Dispute (as defined below), MasterBrand is committed to engaging with you to resolve it. Therefore, for any Dispute that arises between you and MasterBrand, the parties agree that they will first make a good faith effort to resolve it informally. This informal dispute resolution process is a condition precedent to commencing any formal proceeding in arbitration or small claims court. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this process.
For your Disputes with MasterBrand, you must first send your name, address, telephone number, email address, and sufficient information for MasterBrand to identify any transaction at issue; a detailed description of your Dispute; and the nature and basis of your claims and the relief sought, along with the calculation you used (the “Notice”) to the following email address: legal@MasterBrand.com. You and MasterBrand agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone or video settlement conference if requested by MasterBrand. If either party to the Dispute is represented by counsel, that party's counsel may participate, but the party also must personally appear at and participate in the settlement conference. This process should lead to resolution of the Dispute, but if the matter is not resolved within sixty (60) days after MasterBrand's receipt of the complete written description detailed above, you and MasterBrand agree to the further dispute resolution provisions below. This time period will start to run upon receipt of the information referenced above. If the sufficiency of the Notice or compliance with this pre-dispute resolution process is at issue, either party may elect to have this issue decided by a court, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.
Any dispute or claim arising out of or relating in any way to these SMS Terms or MasterBrand’s text messaging program will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these SMS Terms. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on our registered agent. The arbitration will be conducted by the AAA under its rules. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees (but not any attorney's fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, MasterBrand will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury. We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MASTERBRAND ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. This includes affiliate or business partners the opt in is not transferable to another party involved in their process.