Mathnasium Text Messaging Terms and Conditions
Please read these Text Messaging Terms and Conditions (“Terms”) carefully. By submitting your telephone number and consenting to receive text messages ("Opting In," "Opt In" or "Opt-In") from Mathnasium Franchisor LLC (“Company,” “we” or “us”), you agree to be bound by these Terms and the Company's Privacy Policy. Participants in the Company's text messaging program ("Program"), agree to receive recurring marketing SMS and MMS text messages (“Texts”). If you do not agree with these Terms and our Privacy Policy, please do not sign up to receive Texts. We may update or amend these Terms, at any time, and such amendments will be effective upon posting.
When You Opt In
By Opting In, you confirm that (1) you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In, (2) you are the age of majority in the jurisdiction in which you reside, and (3) you agree to the practices described in these Terms and in our Privacy Policy.
You agree that Texts may be sent from an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other type of systems, software, hardware, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages, to the telephone number associated with your Opt-In.
You consent to the use of electronic record-keeping to document your consent to receive Texts.
You may Opt Out (defined below) of these communications at any time, and your consent to receive Texts from the Company is not required and is not a condition to purchase any goods or services.
How to Opt Out; Assistance
You can stop receiving Texts from the Company at any time ("Opting Out," "Opt Out" or "Opt-Out"). If you wish to Opt Out of receiving Texts, or no longer agree to these Terms, directly reply to any Text received under these Terms with STOP. You may receive an additional Text confirming your decision to Opt-Out. If you require assistance, email [email protected], or text “HELP.”
Message Frequency
Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Costs
Message and data rates may apply. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving Texts. You are solely responsible for any costs related to or associated with your receipt of Texts, as set forth more fully in these Terms.
Supported Carriers
Not all mobile devices or handsets may be supported and our Texts may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the Program are not liable for delayed or undelivered Texts.
Supported mobile phone carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Boost Mobile, and Virgin Mobile. We may add or remove any wireless carriers from the Program at any time without notice.
Privacy
Please review our Privacy Policy, available here, which describes how we process personal information.
Disclaimer of Warranties
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY TEXT MESSAGES, AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR CARRIER AND/OR NETWORK OPERATOR. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE, OR INABILITY TO USE, THE SERVICE OR ANY TEXT MESSAGE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF (INCLUDING, BUT NOT LIMITED TO, MATHNASIUM FRANCHISEES). YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON.
Disputes; Resolution
Our customer service team is here to assist you with any issues you may encounter with our Program or Texts. The following terms shall govern all disputes, claims, and causes of action arising out of or relating to the Program, Texts, these Terms, and/or our Privacy Policy (collectively, “Disputes”), which we are unable to resolve informally.
IMPORTANT: THIS SECTION LIMITS YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION, AND THE TIME PERIOD WITHIN WHICH YOU MAY FILE A CLAIM TO CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.
Pre-Suit Mediation
Except with respect to Disputes involving infringement or threatened infringement of our intellectual property rights, any and all Disputes shall first be submitted to mediation, and the parties shall participate in mediation in good faith, as a condition precedent prior to filing any Dispute, claim, or cause of action in court.
Venue
Any and all Disputes must be resolved exclusively in the state or federal courts in and for Los Angeles County, California. You consent to the exclusive personal jurisdiction of such courts, and waive any objection based on improper venue or inconvenient forum.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute will be conducted solely on an individual basis, without resort to any form of class action or mass action. You agree that you will not seek to have any Dispute heard as a class or mass action, and you hereby waive any right to assert consolidated claims with respect to any Disputes. This provision shall not be construed as a waiver of your right to seek public injunctive relief as provided under California law to the extent such right may otherwise be available to you.
Waiver of Jury Trial
Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any Disputes. This means that a judge rather than a jury will decide any Disputes between you and the Company.
Time Limitation
Any claim or cause of action against the Company must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.
