Text Messaging Terms and Conditions
Last Revised: September 12, 2022
UNDER THESE TERMS YOU ARE AGREEING TO BINDING ARBITRATION AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM. THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER REQUIRES US BOTH TO ARBITRATE ALL CLAIMS INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY, AND REQUIRES THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
Providing Telephone Numbers and Duty to Notify: You verify that the mobile number provided to Us is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by emailing firstname.lastname@example.org.
Your Consent to Receive Automated Calls/Texts: You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive recurring automated text messages (such as SMS, MMS, or successor protocols or technologies) from Us and certain of our partners (as identified in the consent) concerning the marketing and sale of products, services, offers and promotions, made available by Us and certain of our partners (as identified in the consent). You understand that consent is not required to make any purchase from Us. Message and data rates may apply.
Opt Out Instructions: Your consent to receive automated texts is completely voluntary. You may opt-out at any time. To opt out of text messages, reply STOP to any mobile message from Us, or email email@example.com and specify that you want to opt out of text messages. You may also text HELP or email us at firstname.lastname@example.org for help. You acknowledge and agree to accept a final text message confirming your opt-out. We may use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which you are subscribed. If you would like to stop messages from multiple shortcodes, text STOP to each shortcode to which you would like to unsubscribe.
Indemnification to Us: You agree to indemnify Us for any privacy, tort or other claims relating to or arising from the Service or any of your interactions with Us, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees).
Participation Requirements: By participating in the Service, you acknowledge and agree that you are at least eighteen (18) years old, or the age of majority in your jurisdiction. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Dispute Resolution. PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING INDIVIDUAL ARBITRATION, AMONG OTHER THINGS.
Any and all disputes, claims and causes of action (collectively, "Claims") arising between you and us (whether based in contract, statute – including, without limitation, the Federal Telephone Consumer Protection Act and state telemarketing laws), regulation, ordinance, tort—including, but not limited to, fraud, any other intentional tort or negligence—common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory), whether arising before or after the effective date of these terms, must be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION; (B) NOTWITHSTANDING SUBPARAGRAPH A, IN THE EVENT A CLAIM PROCEEDS IN COURT , WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) SUBPARAGRAPH A NOTWITHSTANDING, EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Court review of an arbitration award is extremely limited. An arbitrator is empowered to award the same damages and relief as a court, however, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.
You may seek arbitration of a Claim by sending an AAA “Demand for Arbitration” to the AAA, available at https://adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf. If not using the AAA form, your written Demand for Arbitration must include: a brief explanation of the dispute; your name and address and our company’s name and address; the amount of money in dispute; the requested location for any in-person hearing; and a description of what you are seeking from the arbitration. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. If an in-person arbitration hearing is required, then that hearing will be conducted either in New York, New York or, at your option, in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you reside at the time the dispute is submitted to arbitration Payment of all filing, administration, arbitrator and/or mediator fees ("Fees") will be governed by AAA's rules. The AAA's rules are available at: www.adr.org or call 800-778-7879 (toll-free) for instructions on how to obtain a copy. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys' fees and costs associated with the arbitration. You and we further agree that any arbitration award and any judgment confirming such an award applies only to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself, and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, or the United States District Court for the Southern District of New York.
The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction. For Claims that are not subject to arbitration or resolution in small claims court, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of New York (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.
No Class Action Matters. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Claims will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on any basis involving Claims brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. This section (the class action waiver) is an essential part of this Agreement. If, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for public injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims.
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 this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Service after any such changes, you accept this Agreement, as modified.