Text Messaging Terms and Conditions
Last Updated: March 6, 2026
The owner and property manager (hereinafter “We,” “Us,” “Our”) of the property about which you are submitting a request to be contacted (the “Property”), is offering a text messaging program (the “Program”), which you have opted into and agree to use and participate in subject to these Text Messaging Terms and Conditions (the “Terms”). By opting into or participating in the Program, you accept and agree to these Terms. These Terms are limited to the Program and are not intended to modify other terms and conditions that may govern the relationship between you and Us in other contexts.
Agreement to Arbitrate/Right to Opt Out. By opting into or participating in the Program you agree to resolve any disputes with Us and with Our third party service provider, Funnel Leasing, Inc. (“Funnel”), through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. You may opt out of this agreement to arbitrate by sending written notice of your decision to opt out within 30 days of your opt-in to the Program. The notice must include your name, address, and a clear signed and dated statement that you do not wish to resolve disputes with Us and Funnel related to Our text messaging program through binding individual-only arbitration. Send this notice to: Funnel Leasing, Inc., Attn: Legal, 1115 Gunn Hwy, Suite 201, Odessa, FL 33556.
Consent to Receipt of Electronic Information and E-Sign: Notwithstanding anything herein to the contrary, you understand that applicable law may require Us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing telephone calls and text messages. By opting-in to a mobile texting program involving the provision of advertising and/or telemarketing messages, you authorize Us, and Funnel on our behalf, to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing support@funnelleasing.com. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access; and (ii) available storage space on that device to download a copy of this webpage of a connected printer to print a copy of this webpage.
Modification of Terms: We reserve the right to revise these Terms from time to time. If We do revise these Terms, the revised terms will supersede prior revisions. Unless We say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. Any updates to these Terms shall be communicated to you by text message with a link to the updated Terms. Your continued participation in the Program after receiving notice of the updated Terms constitutes your acceptance of any revisions. If you do not agree to the revisions, you must opt out of the Program.
User Opt In: The Program allows users to receive mobile messages by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing, informational, and account-related mobile messages, including messages generated through Artificial Intelligence processes, at the phone number associated with your opt-in, and you understand that consent is not required to make any rental or purchase from Us. 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 (“ATDS” or “autodialer”). Message and data rates may apply. By opting into the Program and providing Us with a mobile phone number when you opt-in, you represent that you are the subscriber for or authorized user of the mobile telephone number that you provided to Us, are authorized to consent to the receipt of text messages at that number, and that you are authorized to approve any related charges for messaging and data applied by your wireless carrier.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to these Terms, you agree to reply “STOP,” “QUIT,” “END,” “CANCEL,” “UNSUBSCRIBE,” “REVOKE,” or “OPT OUT” to any mobile message from Us or on our behalf in order to opt out of the Program. You agree that if you are subscribed to multiple text messaging programs administered by Us, We will either: (1) unsubscribe you from all such campaigns; or (2) respond to you with additional text messages allowing you to clarify whether you want to be unsubscribed from a text messaging for a particular program or all text messaging programs administered by Us or on our behalf. You may receive an additional mobile message confirming your decision to opt out. Your consent is not effective until the request has been processed. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees or agents to remove you from our list, other than by calling the number set forth above, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and
liabilities incurred by Us, Funnel, or any other party that assists in the delivery of the mobile messages, as a result of claims brought by the individual(s) who is later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in the Program.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US, OUR AGENTS, AND FUNNEL OR ANY OTHER THIRD-PARTY SERVICE PROVIDER WE USE TO SEND TEXT MESSAGES, HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN OR INACCURACY OF THE INFORMATION YOU HAVE PROVIDED, AND ANY REPRESENTATION HEREUNDER, OR YOUR BREACH OF ANY AGREEMENT IN THESE TERMS RELATED THERETO, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the Property, including, without limitation, rental availability, messages concerning Property advertisements and promotions of any kind, and, should you become a tenant of the Property, account information about your rental, and other information, messages and alerts related to your rental and to the Property.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, email support@funnelleasing.com. Please note that the use of this email address is not an acceptable method of opting out of the Program. Opt outs must be submitted in accordance with the User Opt Out procedures set forth above.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. Neither We nor Funnel will be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Our control and outside Funnel’s control.
Truthful and Accurate Information: When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use, or to provide a mobile number that you are not the subscriber or customary user of. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, including as a pretense to pursue an action against Us, you may be refused access to the Program, and We or Funnel, as applicable, my pursue any appropriate legal remedies or interpose such matters in any dispute with you.
Agreement to Arbitrate: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Funnel or any other third-party service provider acting on Our behalf, related to text messages sent to you in connection with the Program, or any other text message sent to you by Us or on our behalf, arising out of or relating to federal or state statutory claims, common law claims, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Tampa, Florida before one arbitrator.
The arbitration will be administered by the American Arbitration Association. The arbitrator will apply the substantive law of the State of Delaware, exclusive of its choice of law rules. To the fullest extent permitted by law, each of the parties agrees that any proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury. The arbitrator will deliver a reasoned written decision with respect to the dispute. The decision of the arbitrator will be final and binding on the parties and will not be subject to appeal or review. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, this arbitration agreement will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. This arbitration provision shall survive any cancellation or termination of your agreement to participate in the Program.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results, of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this agreement to arbitrate is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this agreement to arbitrate or invalidate or render unenforceable such term or provision in any other jurisdiction.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any term or provision of these Terms is found to be invalid, illegal or unenforceable, that term or provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing.