SMS Communication Terms and Conditions

Last Updated: February 13, 2025

SMS Communication Terms and Conditions

Please read the following terms and conditions (“Terms”) governing communications by text, also known as short message service (“SMS”), before subscribing for SMS alerts from representatives of Churchill Management Group and its affiliates, including Chartwell Family Office, LLC (collectively, “Churchill”, “we”, “us”, or “our”). Churchill and its service providers may use recurring automated texting to send you marketing texts about Churchill products and services and informational texts regarding your account, market updates, appointment confirmations and other reminders and information. Churchill’s communication with you via SMS is subject to these Terms, Churchill’s Privacy Policy and all applicable laws and regulations.

Other Agreements

The wealth management and other services that Churchill provides to its clients are governed by other agreements between Churchill and its clients. Churchill also has other terms of use applicable for your use of the Churchill website available at Terms of Use page. The following Terms apply only to Churchill SMS communications.

Participation – SMS Communications

By providing Churchill with a mobile phone number and consenting to receive texts, you agree to receive texts for informational and marketing purposes from or on behalf of Churchill (even if your number is on the National Do Not Call Registry). Message frequency varies. You also certify that you are over the age of 18, the number(s) you provide are correct and that you are authorized to enroll the designated number(s) to receive texts. You are strictly prohibited from registering a mobile number that is not your own. You will not intentionally text with Churchill in a manner that could be considered abusive or illegal. You acknowledge and agree that Churchill texts may be sent using an automatic telephone dialing system or other automated equipment. Consent to receive SMS communications is not required as a condition to receive Churchill services.

In general, texting is not a secure mode of communication, and no sensitive personal information should be provided via text. In accordance with our policy, Churchill will never ask you to send nonpublic personal information via text. Further, Churchill cannot accept any investment trading instructions provided by any client text and any such trading instruction will not be executed.

If you are experiencing issues with the messaging program you can get help by contacting us at [email protected] or by phone at +1 (877) 937-7110.

Cost

Message and data rates may apply, in addition to any applicable roaming charges. While Churchill will never charge you to participate in a texting program, your standard carrier rates may apply. Check your mobile carrier plan for details. Carriers are not liable for delayed or undelivered messages.

Unsubscribing

To stop all marketing texts from Churchill, text STOP in response to the text received, call +1 (877) 937-7110 and alert a Churchill representative that you no longer wish to receive marketing texts, or email [email protected], noting that you wish to no longer receive marketing texts.

To stop informational texts from Churchill, text STOP to the Churchill number that sent you the text or to the number of your Churchill client representative from the number you wish to unsubscribe, call +1 (877) 937-7110 and alert a Churchill representative that you no longer wish to receive informational texts, or email [email protected] noting that you wish to no longer receive informational texts. Informational texts include appointment reminders and confirmations, acknowledgements that certain documentation has been received or is under review, one-on-one communications with your Churchill account representative providing you with information about your services, responses to your text inquiries and other similar communications.

It is your sole obligation to notify Churchill that you do not want to receive text messages. Canceling your account or otherwise terminating your relationship with Churchill will not automatically revoke your consent to receive texts from Churchill without following the unsubscribe instructions above. If you relinquish ownership of the mobile number associated with your subscription to Churchill texts, you agree to immediately notify us by unsubscribing using one of the methods described above.

Regardless of your request to unsubscribe from texts, Churchill may contact any client by call, email or text using a recorded message or automated technology (in its discretion) in any emergency situation, such as to alert clients of possible account security concerns.
To re-enroll in informational and marketing texts, resubscribe by texting START to the number from which you unsubscribed or contact us at 877-937-7110.

Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AND CHURCHILL AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND PERMITTED ASSIGNS AGREE TO ARBITRATION AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS PRIOR TO EXECUTING A CLIENT OR RELATIONSHIP AGREEMENT OR STARTING EMPLOYEMENT. AFTER EXECUTING A CLIENT OR RELATIONSHIP AGREEMENT, THAT AGREEMET’S TERMS (INCLUDING ITS ARBITRATION TERMS) SHALL CONTROL AND LIKEWISE REQUIRE ARBITRATION OF DISPUTES WITH CHURCHILL TO THE MAXIMUM EXTENT PERMITTED BY LAW. AFTER STARTING EMPLOYMENT, THE TERMS OF YOUR EMPLOYMENT SHALL CONTROL. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.

THE PARTIES WAIVE THE RIGHT TO SEEK REMEDIES IN COURT, INCLUDING ANY RIGHT TO A JURY TRIAL. To the extent provided by law, the parties agree that any dispute between or among any of the parties or their affiliates arising out of, relating to or in connection with these Terms, including the determination of the scope and applicability of the agreement to arbitrate, shall be resolved exclusively through binding arbitration conducted under the auspices of JAMS, pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitration hearing shall be held in the county and state of the principal office of Churchill at the time the dispute arises. Disputes shall not be resolved in any other forum or venue. The arbitration shall be conducted by a retired judge who is experienced in resolving disputes regarding the securities business. The parties agree that the arbitrator shall apply the substantive law of California to all state law claims, that limited discovery shall be conducted in accordance with JAMS’ Comprehensive Arbitration Rules & Procedures, and that the arbitrator may not award punitive or exemplary damages, unless (but only to the extent that) such damages are required by statute to be an available remedy for the specific claims asserted. In accordance with JAMS’ Comprehensive Arbitration Rules & Procedures, the arbitrator’s award shall consist of a written statement as to the disposition of each claim and the relief, if any, awarded on each claim. The award shall not include or be accompanied by any findings of fact, conclusions of law or other written explanation of the reasons for the award. The parties understand that the right to appeal or to seek modification of any ruling or award by the arbitrator is severely limited under state and federal law. Any award rendered by the arbitrator shall be final and binding, and judgment may be entered on it in any court of competent jurisdiction in the county and state of the principal office of Churchill at the time the award is rendered or as otherwise provided by law. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including when seeking to confirm or vacate the award in court, unless otherwise required by law or judicial decision.

YOU AND CHURCHILL AGREE THAT YOU AND CHURCHILL MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

This arbitration provision will remain in force even if you unsubscribe from further communications with Churchill. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class action waiver above is found unenforceable, the entire arbitration agreement is void, other than the jury waiver provision.