SMS Terms of Use

Terms and Conditions for Mag Mutual Insurance Company SMS Text Messaging Programs
(“Terms and Conditions”)

Effective Date: 04.01.2023

IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP/OPTING IN TO ANY MAG MUTUAL INSURANCE COMPANY SMS TEXT MESSAGING PROGRAM.  FOR PURPOSES OF THESE TERMS AND CONDITIONS, “MMIC,” “WE,” or “US” SHALL MEAN MAG MUTUAL INSURANCE COMPANY, AND ANY OF ITS AFFILIATES OR SUBSIDIARIES. BY SIGNING UP/OPTING IN TO ONE OR MORE OF MMIC’S SMS TEXT MESSAGING PROGRAMS, YOU (“YOU” OR “YOUR”) AGREE TO ABIDE BY AND BE BOUND TO THESE TERMS AND CONDITIONS. FURTHERMORE, THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH MMIC ARE RESOLVED.

Program Description

MMIC text messages are intended to provide you with information regarding MMIC insurance products, as provided in MMIC’s Global Preference Center located at www.magmutual.com/globalpreference.

How to Opt-In

To opt-in to receive text messages from a MMIC SMS Text Messaging Program(s), please access the MMIC Global Preference Center at www.magmutual.com/globalpreference, and follow the instructions provided for the specific Program you wish to receive messages.  By opting into a Program(s), you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive MMIC text messages is not required as a condition of purchasing any insurance products.

By opting into an MMIC’s SMS Text Messaging Program(s), you warrant that you are at least 18 years of age, and are providing your express written consent to receive mobile SMS text messages and alerts using an automatic telephone dialing system. 

Message Frequency

The number of MMIC text messages that you receive will vary depending on which MMIC SMS Text Messaging Program(s) you sign up to receive messages for, and the frequency of the messages sent by those MMIC Programs. 

Message and Data Rates

Message and data rates may apply to each text message sent or received in connection with a MMIC SMS Text Messaging Program(s), as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. MMIC does not impose a separate fee for sending MMIC text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever. 

How to Opt-Out

To stop receiving text messages from a specific MMIC SMS Text Messaging Program, text STOP to the five-digit short code for the MMIC SMS Text Messaging Program you no longer wish to receive messages from (i.e., the five-digit number from which the text messages are being sent). You acknowledge that you may receive one (1) final message from MMIC confirming your opt-out of a MMIC SMS Text Messaging Program. Following such confirmation message, no additional text messages associated with that Program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific MMIC SMS Text Messaging Program associated with that five-digit short code from which the text messages are being sent. You will remain opted in to other MMIC SMS Text Messaging Programs, if applicable.

Your Mobile Telephone Number

You represent that you are the account holder, or authorized user for the mobile telephone number(s) that you enroll. You are responsible for notifying MMIC immediately if you change your mobile telephone number. You may notify MMIC of a number change by contacting MMIC Customer Service at 1-800-282-4882. You agree to indemnify MMIC in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify MMIC if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act, or any other applicable federal or state law or regulation.

Access or Delivery to Mobile Network is Not Guaranteed

It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions.  You understand and acknowledge that network services, including but not limited to mobile network services, are outside of MMIC’s control, and MMIC is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).

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.

Privacy

Your privacy is important to us. Please visit https://www.magmutual.com/privacy/ to review our Privacy Policy.

Changes to Terms and Conditions

MMIC may revise, modify, or amend these Terms and Conditions at any time without prior notice.  Any such revision, modification, or amendment shall take effect when it is posted to MMIC’s website www.magmutual.com/terms-of-use/SMS.  You agree to review these Terms and Conditions periodically to ensure that you are aware of any changes.  Your continued consent to receive MMIC text messages will indicate your acceptance of any revisions, modifications, or amendments to these Terms and Conditions.

Disclaimer of Warranties; Release

To the fullest extent permissible pursuant to applicable law, MMIC SMS Text Messaging Programs are provided WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. MMIC DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY MATERIALS PROVIDED IN ANY MMIC TEXT MESSAGING PROGRAM. THE USER AGREES THAT ANY RELIANCE ON SUCH MATERIALS SHALL BE AT HIS OR HER SOLE RISK. If any part or provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms and Conditions. By participating in MMIC SMS Text Messaging Programs, you agree to release and hold harmless MMIC and its subsidiaries, affiliates, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys' fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with your use of any MMIC SMS Text Messaging Program, and, or for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.

Limitation of Liability

IN NO EVENT SHALL MMIC, OR ANY OF ITS SUBSIDIARIES OR AFFILIATED COMPANIES, IN ANY EVENT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, LOSS OF PROFITS, BUSINESS OPPORTUNITY OR INTERUPTION, LOSS OF INFORMATION OR ANY OTHER DAMAGES) RELATED TO ANY MMIC SMS TEXT MESSAGING PROGRAM WHETHER SUCH CLAIM IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF RELIEF, EVEN IF MMIC HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law

These Terms and Conditions are governed by the laws of the state of Georgia, without giving effect to any choice or conflicts of law provisions or rules. Subject to the mandatory arbitration provisions below, the exclusive venue for the resolution of any related dispute is a court of competent jurisdiction in Fulton County, Georgia, United States of America.

Severability

If any term of these Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term or condition shall be excluded to the extent of such invalidity or unenforceability; all other terms and conditions hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term or condition shall be deemed replaced by a term or condition  that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or condition.

Arbitration and Class Action Waiver

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 BINDING ARBITRATION AND A CLASS ACTION WAIVER. IRRESPECTIVE OF ANY LAW TO THE CONTRARY, YOU MUST PROVIDE NOTICE TO MMIC, 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.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and MMIC, or MMIC affiliate or subsidiary, or MMIC's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and MMIC hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction in Fulton County, Georgia, United States of America. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MMIC ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND MMIC AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in Atlanta, Georgia. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

Questions

For any questions about these Terms and Conditions, text HELP to the five-digit short code for  the MMIC SMS Text Messaging Program you need assistance with and, or contact MMIC Customer Service at 1-800-282-4882. 

MMIC SMS Programs

MagMutual Advice Program

Effective Date: 04.01.2023

Program Information

Advice Program text messages provide information from MagMutual about the risks of medical practice and how to reduce them. Text ADVICE to 36706. Message frequency varies.  Message and data rates may apply. 

STOP Information

Text STOP to 36706 to stop receiving Advice  messages from MagMutual (you will receive a confirmation text).

HELP Information

For additional information, text HELP to 36706  or contact 1-800-282-4882.