The Nine Minds TEXT MESSAGING TERMS OF USE
By “Opting In” to or using a “Text Message Service” (as defined below) from The Nine Minds, you accept these Terms & Conditions. THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
This agreement is between you and The Nine Minds or one of its affiliates. All references to “The Nine Minds,” “we,” “our,” or “us” refer to The Nine Minds Group LLC, 404 W 9th St Ste 201, Georgetown, Texas 78626.
DEFINITIONS
- “Opting In,” “Opt In,” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.
- “Text Message Service” includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).
CONSENTING TO TEXT MESSAGING
By consenting to receive text messages from us, you agree to these Text Messaging Terms and Conditions, as well as our General Terms of Service (https://www.thenineminds.com/legal-tos-msa-20251117) and Privacy Policy (https://www.thenineminds.com/privacy-policy), incorporated herein by reference.
E-SIGN DISCLOSURE
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP.
The Nine Minds TEXT MESSAGE SERVICE PRIVACY POLICY
We respect your privacy. We only use information you provide through this service to transmit your mobile messages and respond to you. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. Mobile information will not 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. Nonetheless, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. This Text Message Service Privacy Policy applies to your use of the Text Message Service and isn’t intended to modify our general Privacy Policy, incorporated by reference above, which may govern the relationship between you and us in other contexts.
COSTS OF TEXT MESSAGES
We do not charge you for the messages you send and receive via this text message service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
FREQUENCY OF TEXT MESSAGES
This Text Messaging Service is for conversational person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request).
OPTING OUT OF TEXT MESSAGES
If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. As a person-to-person communication service, opt-out requests are specific to each conversation between you and one of our employees and their associated phone number. After unsubscribing, we may send you confirmation of your opt-out via text message.
CONTACT US
For support, email support@thenineminds.com or call (512) 910-8089.
Binding Arbitration, Class Action Waiver, and Severability
BINDING ARBITRATION
Any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Text Message Service, or your relationship with The Nine Minds (including the formation, existence, validity, termination, or breach thereof) shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in Dallas, Texas, under the AAA’s Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator. The arbitrator’s decision shall be final and binding on the parties, and judgment may be entered in any court of competent jurisdiction. You and The Nine Minds agree that the Federal Arbitration Act and Texas law govern the interpretation and enforcement of this arbitration provision.
CLASS ACTION WAIVER
YOU AND THE NINE MINDS AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. You waive any right to participate in a class action, class arbitration, consolidated proceeding, or representative action, whether in court or in arbitration. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a class, consolidated, or representative proceeding.
SEVERABILITY
If any provision of these Terms of Use is held by a court or arbitrator to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid, legal, and enforceable provision that most closely matches the intent of the original provision.
By using our Text Message Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
Last updated: 3/31/26