Get Sales Inc. offers its customers both recurring text messaging programs and occasional one-time or limited-duration text messaging programs. These Terms and Conditions govern all Get Sales Inc. text message programs.
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION PROVISION BELOW, YOU AND Get Sales Inc. AGREE THAT DISPUTES BETWEEN YOU AND Get Sales Inc. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE AND THAT YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.
You may sign up for a Get Sales Inc. text message program by filling out a form on our website or otherwise providing your consent. You may need to confirm your consent, such as by replying Y to an initial text message sent to you. When you agree to participate in Get Sales Inc. text messaging programs, you typically agree to receive recurring messages with information, alerts, and special offers from Get Sales Inc.. However, there may be programs where Get Sales Inc. specifies that it will send a certain number or up to a certain number of text messages (for example, if you participate in a promotion or request a coupon code, you may receive a certain number of text messages only related to that promotion or you may only receive one text with the coupon code).Messages may be in SMS or MMS format and may contain marketing content. Text messages may be sent using an automatic telephone dialing system. Consent to receive such messages is not required as a condition of purchasing of any goods or services. Message and data rates may apply.You may stop receiving text messages from us at any time by replying STOP to any received SMS.You may receive one final text message confirming that you have opted out. Additionally, you may fill out this form to opt-out.
By signing up for this program, you represent and warrant that you are the account holder or authorized user of the mobile telephone number associated with your enrollment and are at least 18 years of age or have a parent or guardian's permission in order to participate. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services. Pre-paid users may not be able to participate - check with your mobile service provider.If you change your mobile phone number, you agree to promptly notify Get Sales Inc. of the change. In the event that you change or deactivate your mobile number it is your responsibility to notify Get Sales Inc. by email at email@example.com to have your number removed.
Additionally, Get Sales Inc. reserves the right to alter message frequency at any time, i.e. we may change the frequency of texts that you receive under a program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out.
ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION
Please read this carefully. It affects your rights.BOTH YOU AND Get Sales Inc. WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BOTH YOU AND Get Sales Inc. WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
You agree that these terms and your participation in Get Sales Inc. text messaging programs are governed by the laws of Delaware, USA without regard to its conflict of law principles. The parties each agree to finally settle all disputes only through arbitration; provided, however, Get Sales Inc. shall be entitled to seek injunctive or equitable relief in the state and federal courts in Travis County, Texas and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator's decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these terms will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration," then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Columbus, OH; Chicago, IL; New York City, NY; Los Angeles, CA; Atlanta, GA; or Dallas, TX (whichever is closest to your residence) or in your hometown if required by applicable JAMS rules. The federal or state law that applies to these terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Travis County, Texas. Get Sales Inc. agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs incurred by you to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of these terms or the Get Sales Inc. text messaging programs.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
THE SERVICES PROVIDED BY OUR TEXT MESSAGING PROGRAMS AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED IN ACCORDANCE WITH THE NOTICES, TERMS, AND CONDITIONS SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESE SERVICES AND MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP TO DATE. THESE SERVICES AND MATERIALS MAY BE CHANGED FROM TIME TO TIME.OUR TEXT MESSAGING PROGRAMS ARE OPERATED BY Get Sales Inc.ON AN "AS IS," "AS AVAILABLE" BASIS, . TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Get Sales Inc., INC. AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES, DIVISIONS, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND AGENTS (COLLECTIVELY, THE "Get Sales Inc. AFFILIATES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OR AVAILABILITY OF THE SERVICES OR MATERIALS IN OUR TEXT MESSAGING PROGRAMS FOR ANY PURPOSE AND ALL SUCH SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Get Sales Inc. AFFILIATES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF OUR TEXT MESSAGING PROGRAMS IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE Get Sales Inc. AFFILIATES OR THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR TEXT MESSAGING PROGRAMS, THE MATERIALS IN OUR TEXT MESSAGING PROGRAMS, THE DELAY OR INABILITY TO USE OUR TEXT MESSAGING PROGRAMS, OR OTHERWISE ARISING IN CONNECTION WITH OUR TEXT MESSAGING PROGRAMS, WHETHER BASED ON CONTRACT, TORT, OR STRICT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT OR TORTIOUS BEHAVIOR.THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE Get Sales Inc. AFFILIATES' LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE Get Sales Inc. AFFILIATES, OR FOR THE Get Sales Inc. AFFILIATES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
THE Get Sales Inc. AFFILIATES MAKE NO REPRESENTATION THAT CONTENT PROVIDED IN OUR TEXT MESSAGING PROGRAMS IS APPLICABLE TO OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the Get Sales Inc. Affiliates harmless from and against any and all claims, demands, losses, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our text messaging programs or your breach or alleged breach of your representations and warranties in these terms.
If any part of these terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall govern such use.
CHANGES TO TERMS
These terms and conditions are subject to change at any time. If we make material changes, we will notify active users via a text message sent to the number you used to sign-up for our text message program(s).