Fisher Investments Marketing Terms and Conditions
These Marketing Terms and Conditions (the “Terms”) apply to all marketing and informational communications sent by Fisher Investments (“Fisher”). This includes SMS message marketing programs which let consumers opt in to receive text messages from Fisher Investments, including text messages with links to webpages with additional information about Fisher Investments and its services, text messages to confirm appointments, and text messages for authentication purposes. These terms also apply to text messages sent for other purposes, as well as emails, telephone calls, and other communications from Fisher. These Terms contain an arbitration provision, which affects your rights and thus which you should read carefully.
What communications am I agreeing to?
By agreeing to these Terms, you agree to receive calls and/or texts, to any phone number(s) provided, for informational or marketing purposes by or on behalf of Fisher, even if your number is on do-not-call lists. Consent to communications is not required for any purchase, and communications may be sent using automated technology or a recorded message. You also agree to receive emails from Fisher. You further agree that all calls with Fisher may be recorded for quality assurance and other purposes.
Are text messages from Fisher free?
Your carrier's message and data rates will apply.
Who are the participating carriers?
AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Google Voice, Cellular One, MetroPCS, Cellcom, Cellular South, Carolina West Wireless, Interop, ClearSky, nTelos, and Virgin Mobile.
T-Mobile® does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.
What if I no longer want to receive messages?
You can opt out of a particular campaign at any time by texting the reply “STOP”.
What if I no longer want to receive phone calls?
You can request to be added to Fisher’s internal do-not-call list by speaking with a Fisher representative or sending a written request to the attention of the Marketing Department, 5525 NW Fisher Creek Drive, Camas, WA 98607. Please allow 30 days for your request to be processed.
What if I no longer want to receive emails?
You can unsubscribe from Fisher marketing emails at any time by clicking the unsubscribe link at the bottom of any such email. Please allow 10 days for your request to be processed.
What if I want more info?
You may contact Fisher at 800-587-5512.
Disputes and Arbitration
Except as expressly provided below, you agree that to the fullest extent permitted by applicable law any dispute arising out of or relating in any way to these Marketing Terms and Conditions, your consent to receive communications, and your relationship with Fisher Investments (as well as affiliates and vendors acting on its behalf) prior to executing Fisher’s Letter of Agreement will be determined by arbitration, including the scope and applicability of the agreement to arbitrate contained in this section. Any arbitration will be before the Judicial Arbitration and Mediation Service (“JAMS”) office located in San Francisco, California; San Diego, California; Chicago, Illinois; New York, New York; Washington, D.C.; or Atlanta, Georgia, whichever location is closest to your last address of record on file with Fisher (or, in the event that you have not provided an address to Fisher, the location closest to your primary address at the time of the dispute) before one arbitrator who will be a retired judicial officer. Because the Terms memorialize a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Any dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court will not be subject to arbitration but will instead be adjudicated in the appropriate court with jurisdiction over the dispute.
You also agree that any claim you assert will not be joined, for any purpose, with the claim or claims of any other person or entity, and the arbitrator shall have no jurisdiction to certify any class or proceed with any class action. The arbitration will be administered by JAMS pursuant to the Comprehensive Arbitration Rules and Procedures, and the proceedings and award shall be kept in strict confidence by both you and Fisher. The laws of the State of Delaware, including but not limited to any applicable Delaware statutes of limitation and Delaware common law construing those statutes, will govern the legal rights of the parties. The arbitration will be final and binding, and judgment on the award may be entered in any court having jurisdiction. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING ALL RIGHTS TO SEEK REMEDIES IN COURT, INCLUDING BUT NOT LIMITED TO ANY RIGHT TO PROSECUTE ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU ALSO UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND FISHER HEREBY WAVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION.
This arbitration provision will remain in force even if you opt-out of further communications with Fisher. 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.
You can decline this arbitration agreement by timely writing via certified mail or a nationally recognized overnight delivery service to the Marketing Department, 5525 NW Fisher Creek Drive, Camas, WA 98607 and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that you wish to opt out of this arbitration agreement. To be effective, the opt-out notice must be mailed no later than 30 days after the date you become bound by the arbitration agreement. Please note that you will continue to be bound by any older arbitration provision that you did not out opt of and any other arbitration provision that governs the claims at issue.