MOBILE MESSAGING TERMS & CONDITIONS.

Please read these Mobile Messaging Terms & Conditions (the “Mobile Terms”) carefully. They require the use of arbitration on an individual basis to resolve disputes, rather than courts or jury trials. The arbitration terms can be found here.

PLS Inc. d/b/a Pearl offers consumers the ability to opt-in to receive marketing and promotional mobile alerts and notifications by SMS message (the “Service”). You may opt-in to participate in the Service by signing up via the Pearl website or by selecting the applicable checkbox when prompted. By participating in the Service, you are agreeing to these Mobile Terms and to the Privacy Policy, both of which are an integral part of the Terms of Use that apply generally to the access to and use of the Pearl website and Pearl’s products (collectively, the “Terms”). By using the Pearl website or any Pearl product, you are agreeing to the Website Terms of Use. Pearl reserves the right to modify these Terms at any time. Your continued use of the Service will constitute your acceptance of the new terms.

Marketing and promotional mobile alerts are sent by SMS message via (434) 303-5458.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these Mobile Terms. After you enroll, you will have an opportunity to confirm or decline your participation in the Service via a reply to the initial text message you receive from Pearl. By replying YES to this text message, you are confirming your subscription to the Service, even if your mobile number is registered on any state or federal Do Not Call list.

Only United States mobile numbers are eligible to participate. Before the Service will start, you will need to agree to these Mobile Terms. Pearl reserves the right to stop offering the Service at any time with or without notice. Pearl also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

By opting into the Service, you:

1. Authorize Pearl to use an automatic telephone dialing system to send you recurring automated promotional and personalized marketing text messages, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system.

2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.

3. Represent and warrant that you are at least 18 years of age, 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.

4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, you can contact Pearl at [email protected].To view and retain an electronic copy of these Mobile Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

5. Represent and warrant that you are a resident of a particular state, if, at the time of opt in to the Service, the area code for the phone number used to opt in is an area code associated with that state.

Content You May Receive

Once you affirm your choice to opt-in to the Service on (434) 303-5458 (marketing and promotional alerts), your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:

• Product launches, updates, and new feature announcements

• Program enrollment and onboarding instructions

• Training and educational content reminders

• Feedback surveys and product experience check-ins

• Support follow-ups related to your account or inquiries

• Promotional offers and special programs

• Tips and resources related to home performance

Charges and Carriers

Pearl does not charge for the Service, however message and data rates may apply from your mobile carrier. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. When you opt in to the Service, you acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, tolls, out-of-area roaming etc.) as a result of using the Service. Messaging frequency will vary.

The Service is supported on most major U.S. wireless carriers, including AT&T, T-Mobile, Verizon Wireless, and U.S. Cellular, among others. The Service may not be available on all wireless carriers. Pearl may add or remove any wireless carrier from the Service at any time without notice. Pearl and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Pearl, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to (434) 303-5458 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Pearl. You can also contact us at (888) - 557-5543 or [email protected]. After opting out, you will receive one additional message confirming that your request has been processed.

Do Not Call Policy

Pearl respects consumers’ right to privacy. We maintain a list of the telephone number(s) and name(s) (if provided) for consumers who do not wish to receive telephone contact. Upon request, consumers’ telephone number(s) (both customers and non-customers) will be added to our internal Do Not Call list within 30 business days of receipt of such request. This record will be retained for at least five years, unless a request is made by the consumer to have the number removed. This list will be updated every 30 days. It is our policy to respect the wishes of customers and prospective customers so we will not make telephone solicitation calls to:

1. Any person who has requested that we not make such calls to their residential or wireless telephone lines.

2. Any person who has put their residential or wireless phone number on a national or state Do Not Call Registry, except as otherwise permitted by law.

Any person can by placed on our Do Not Call List by:

1. Sending a written request to 401 E. Water St. Suite 2, Charlottesville, VA 22902.

2. Emailing us at [email protected] .

3. Calling us at (888) - 557-5543

Your request must include the 10-digit telephone number that is not to be called and the person’s name, if desired. If your telephone number changes, you must submit another request. We intend to comply with all federal and state Do Not Call laws. Any questions concerning our Do Not Call Policy may be directed to: [email protected]

Arbitration and Dispute Resolution

NOTE: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.

These Mobile Terms and any dispute related to them shall be treated as though they were executed and performed in and shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia (without regard to conflict of law principles).

FOR ALL CLAIMS YOU MUST COMMENCE ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE MOBILE TERMS OR THE USE OF THE PEARL SYSTEM WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

1. Informal Resolution
   Pearl’s customer service team will work with you to be able to resolve most complaints you may have regarding our provision or your use of the Pearl System and the Service. If you have such a complaint, you can contact our customer service team at [email protected]. In the unlikely event that your complaint remains unresolved, you and Pearl agree to the following resolution process for all disputes and claims that you or Pearl have arising from our provision or your use of the Pearl System or the Service defined in these Mobile Terms.
   
   In an attempt to find the quickest and most efficient resolution of any Service Claim (as defined in Pearl’s Terms of Use), You and Pearl agree to first discuss the Service Claim informally for at least 30 days following the date of Pearl’s first response to your Service Claim. To do that, the party who brings the Service Claim must first send to the other party a Claim Notice that must include (1) a description of the Service Claim and (2) a proposed resolution. If you want to raise a Service Claim, you must send your Claim Notice by email to us at: [email protected]. If we would like to subsequently discuss your Service Claim with you, we will contact you using the e-mail address or mailing address you provide in your letter to us. If Pearl wants to raise a Service Claim, we will send our Claim Notice to you at the e-mail address that we have on file for you. If we do not have an e-mail address for you on file, Pearl will send our Service Claim to you through a means that complies with the service of process rules of the Commonwealth of Virginia.
   
   If the dispute isn’t resolved within 30 days of receipt of the Service Claim via Informal Resolution or small-claims court (below), you or Pearl may start an arbitration in accordance with these terms and in accordance with the American Arbitration Association’s Consumer Arbitration Rules, available here: https://adr.org/sites/default/files/Consumer%20Rules.pdf.

2. Small Claims Court
   Instead of using Informal Resolution, You and Pearl agree that either party has the right to pursue a Service Claim in small claims court in Charlottesville, VA if it meets the jurisdiction of that Court.

3. Claims Related to IP Infringement or Injunctive Relief
   The United States District Court for the Western District of Virginia will be the sole and exclusive forum for any dispute related to infringement of an intellectual property right or unauthorized access to data through the site (including, but not limited to, claims relating to patent, copyright, trademark, and trade secrets, and claims relating to the access or retrieval of data through the site using an automated process such as scraping). You agree that any breach or threatened breach of these Mobile Terms or any unauthorized or unlawful use of the Service would result in irreparable injury to Pearl for which monetary damages would be inadequate. In such an event, Pearl shall have the right, in addition to other remedies available to it at law and in equity, to immediate injunctive relief without the need to post a bond. Nothing contained in these Mobile Terms shall be construed to limit any legal or equitable remedies available to Pearl.

4. Binding Individual Arbitration
   THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.
   You and Pearl agree that any dispute, claim, or controversy, other than those claims set forth in Sections 1-3 above, are to be settled by binding individual arbitration. This agreement affects interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the U.S. Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law.
   
   This means that You and Pearl agree to a dispute-resolution process where we submit any Dispute (as defined below) to a neutral arbitrator (not a judge or jury) that makes the final decision to resolve the Dispute. The American Arbitration Association (AAA) uses experienced professionals to arbitrate disputes, which helps You and Pearl resolve any disputes fairly, but more quickly and efficiently than going to court. The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim.
   
   The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act, and can be enforced like any other court order or judgment.

   1. Disputes We Agree to Arbitrate
      You and Pearl agree to submit all disputes, regardless of whether the Dispute is based in contract, statute, regulation, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, including those arising out of a Service Claim, and except as provided in Sections 1-3 (Informal Resolution, Small Claims Court, and Claims Related to IP Infringement or Injunctive Relief) above, to individual binding arbitration. A “Dispute” includes any dispute, claim, or controversy between You and Pearl that relates to your use or attempted use of the Pearl System, the Pearl System generally, and the Service contemplated by these Mobile Terms including without limitation the validity, enforceability, or scope of this section.
      You and Pearl agree that whether a dispute is subject to arbitration under these Mobile Terms will be determined by the arbitrator rather than a court.

   2. Arbitration Fees and Location
      The arbitration hearings will be held in Charlottesville, VA. Any disagreements regarding the forum for arbitration will be settled by the arbitrator.
      When the 30-day period described above has elapsed, you may initiate the arbitration through the process described in the AAA’s Consumer Rules. If you initiate the arbitration, you must pay the AAA filing fee required for consumer arbitration.

   3. Class Action Waiver
      To the maximum extent permitted by applicable law, for any dispute not subject to the requirement to arbitrate, You and Pearl agree to only bring disputes in an individual capacity. It is important that you understand that by entering into this agreement, both you and Pearl are each waiving the right to a trial by jury or to participate in a class action against the other party for service claims that are covered by this “Arbitration and Dispute Resolution” section. The arbitrator’s decision will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.

   4. Continuation in Effect
      The dispute resolution process set forth in this section survives any termination of these Mobile Terms or Pearl’s provision of services, including the Pearl System, to You.
      

5. Severability
   If all or any provision of this Section is found invalid, unenforceable, or illegal, then You and Pearl agree that the provision will be severed and the rest of these Mobile Terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, You and Pearl agree that it will not be severable; this entire Section, except Section 4.3 (Class Action Waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in these Mobile Terms. Under no circumstances shall arbitration be conducted on a class basis without Pearl’s express consent.
   
   Please seek the advice and counsel of an attorney if you have any questions about these Mobile Terms or other Terms.

Questions

You can text HELP for help at any time to (434) 303-5458. You can also contact us at [email protected] or (888) - 557-5543.