MOBILE PROGRAM TERMS
- Message frequency will vary. Fragrant Jewels 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. Fragrant Jewels also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
- We are able to deliver messages to the following mobile phone carriers: Major Carriers: AT&T, Verizon Wireless, Sprint, and T-Mobile USA; Minor Carriers: Indigo Wireless,MetroPCS,Bluegrass Cellular,Illinois Valley Cellular,Viaero Wireless,Pine Belt,GCI Communications,Nex Tech Communications,Shelcomm,Duet Wireless,Inland Cellular,James Valley Cellular (JVC),Standing Rock Telecom,Cross Wireless,Northwest Missouri Cellular,Alaska Communications Systems (ACS),Thumb Cellular,Carolina West Wireless,Union Telephone,MTPCS Cellular One (Cellone Nation),Cordova,Copper Valley Telecom,ASTAC,Rural Independent Network Alliance (RINA),West Central Wireless,Chat Mobility,SouthernLINC,Panhandle Wireless,Cellcom,Truphone,Google Voice,United Wireless,bandwidth.com(includes Republic Wireless),Altice Mobile,Atlantic Tele-Network International (ATNI),Brightlink,Inteliquent,Aerialink,Blue Wireless,Chariton Valley Cellular,Digital Communications Consulting,TextMe,Pioneer Cellular,East Kentucky Network (Appalachian Wireless),Limitless Mobile,Cellular One of N.E. Arizona,Nemont US UMTS,Nemont CDMA,MTA Wireless/Matanuska Kenai,Pine Cellular,Triangle Wireless,Telnyx,Enflick,C Spire Wireless (aka Cellular South),Virgin Mobile,Boost Mobile,United States Cellular Corp
- Cancellation. Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Fragrant Jewels and its service providers will have no liability for failing to honor such requests. You may receive an additional mobile message confirming your decision to cancel. You understand and agree that the foregoing options are the only reasonable methods of cancelling. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Fragrant Jewels through any other programs you have joined until you separately unsubscribe from those programs.
- Help. Text the keyword HELP to our shortcode to return customer care contact information.
6. Customer Care. If you are experiencing any problems, please email [email protected].
- Contact. This Mobile Program is a service of Fragrant Jewels, located at 807 Mateo Street, Los Angeles, California 90021.
- Duty to Notify and Indemnify. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Mobile Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the cancellation process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
- MMS Disclosure. The Mobile Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- DISPUTE RESOLUTION
- General. In the interest of resolving disputes between you and Fragrant Jewels in the most expedient and cos- effective manner, you and Fragrant Jewels agree that any dispute arising out of or in any way related to the Messaging Terms or your receipt of text messages from Fragrant Jewels or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Fragrant Jewels or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND FRAGRANT JEWELS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Fragrant Jewels to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Fragrant Jewels will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Fragrant Jewels. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. If you or Fragrant Jewels intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Fragrant Jewels address for Notice is: 807 Mateo Street, Los Angeles, California 90021, Attn: General Counsel. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Fragrant Jewels will make good faith efforts to resolve the claim directly, but if you and Fragrant Jewels do not reach an agreement to do so within 30 days after the Notice is received, you or Fragrant Jewels may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Fragrant Jewels must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Fragrant Jewels will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Fragrant Jewels for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Fragrant Jewels agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Fragrant Jewels made within 14 days of the arbitrator's ruling on the merits.
No Class Actions. YOU AND FRAGRANT JEWELS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fragrant Jewels agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Fragrant Jewels makes any future change to this arbitration provision, other than a change to Fragrant Jewels address for Notice, you may reject the change by sending us written notice within 30 days of the change to Fragrant Jewels address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Fragrant Jewels.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.