GoWireless Text Message Terms & Conditions
By enrolling in GoWireless® Mobile Marketing alerts, you consent to receive marketing texts from or on behalf of GoWireless, Inc. at the mobile number you’ve provided at opt-in. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Texts may be sent using an automated telephone dialing system.
Text, JOIN, YES to 30865 to confirm enrollment in GoWireless® Marketing & GoAdvantage Loyalty Program, Regular Alerts, Message & Data Rates May Apply.
Send the words STOP to shortcode 30865 to opt-out of a campaign at any time. Send the word HELP to shortcode 30865 to get information related to a campaign at any time. Some campaigns may be subject to additional terms and conditions.
If you have any questions or concerns about sending and receiving SMS messages, you can contact us at 1-866-487-1222 or email us at email@example.com.
The 30865 shortcodes we use for message services are supported on all U.S. carriers. Please note, however, that the supporting mobile carriers (but not limited to) Verizon, AT&T, Sprint & T-Mobile are not liable for delayed or undelivered messages to the customer. Pre-paid users may not be able to participate. Check with your mobile provider.
GoWireless® is committed to building user trust and confidence by promoting and complying with the use of business practices that help protect the privacy of the customer and their data.
Additionally, GoWireless® reserves the right to alter message frequency at any time. For example, we may change the frequency of texts that you receive under these alert programs. We will notify you via text if we change the frequency and provide you with the opportunity to opt-out.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights.
Any dispute or claim relating in any way to your use of GoWireless® Mobile Marketing alerts and marketing texts will be resolved by binding arbitration, rather than court. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim or cause of action) between you and GoWireless® or GoWireless’ employees, agents, successors or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or GoWireless® may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. subsection 227 et seq., or any other statute, regulation, or legal or equitable theory. You and GoWireless® hereby agree that the Federal Arbitration Act 9. U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this agreement and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT BY USING AND PARTICIPATING IN GOWIRELESS® MOBILE MARKETING ALERTS AND MARKETING TEXTS, YOU AND GOWIRELESS® ARE EACH WAIVING THEIR RIGHT TO SUE IN COURT, INCLUDING THE RIGHTS TO RECEIVE A TRIAL BY JURY, THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING, UNLESS SUCH WAIVER IS PROHIBITED BY APPLICABLE LAW.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATION EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD ALLOW. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND GOWIRELESS® OTHERWISE AGREE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules and all such costs will be borne by GoWireless®. Each party shall be responsible for its own cost of legal representation that party decides to use in any arbitration proceeding. Arbitration under this agreement shall be held in the United States county where you live or work, Nevada, or any other location we mutually agree to, subject to Nevada law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
OPT-OUT OR AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing GoWireless® at firstname.lastname@example.org and providing the requested information as follows: (1) your name, (2) your address, (3) your contact phone number, (4) the URL containing the Arbitration and Class Action Waiver provision for the GoWireless® Text/SMS Terms & Conditions, and (5) clear statement that you wish to opt-out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept the applicable GoWireless® Text/SMS Terms & Conditions that contain the arbitration provisions.
Changes to Additional Contract Terms Limitation of Liability
To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Nevada, without regard to the principles of conflicts of law.
If any term of this agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable, and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.
Changes to Terms
These terms and conditions are subject to change at any time by GoWireless® without notice. Your continued use of this service after such change takes effect shall be evidence of your acceptance of the changed terms and conditions.
Any changes that are material in nature, such as changes to the OPT-OUT OR AGREEMENT TO ARBITRATE provision, shall be communicated to you and may require your acknowledgement and acceptance of the material changes for your continued use of the services.
Copyright 2020 GoWireless, Inc. All rights reserved. January 2020