Orvis Promotional Alerts - Terms and Conditions
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND ORVIS HAVE AGAINST EACH OTHER ARE RESOLVED (SEE “ARBITRATION AGREEMENT – LEGAL DISPUTES” SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT OUT IN ACCORDANCE WITH THE “ARBITRATION AGREEMENT – LEGAL DISPUTES” SECTION BELOW.
Registering for Orvis Promotional Alerts
You may sign up for the Service by texting the word JOIN to 75213. In response, you will receive an SMS text message to confirm your enrollment. By signing up, you will receive approximately 1 message per week, though messaging frequency may vary. You acknowledge and understand that short-form descriptions of Service message limits (e.g., 4 msgs/mo.) refer to promotional messages and not to other messages, such as messages we send in response to HELP requests.
By enrolling in the Service, you certify that (1) you are 18 years old or older, (2) you are the account holder of the mobile number you are enrolling (or you have the account holder’s permission to enroll the number), and (3) you agree to these Terms.
You agree to maintain accurate, complete, and up-to-date information with us, including by advising us immediately if you cease being the account holder of the mobile number you enrolled.
Consent to receive marketing MMS and SMS text messages is not required as a condition of purchasing any goods or services.
We may use autodialer or non-autodialer technology to send the messages described above to the mobile phone number you enroll.
Although Orvis promotional alerts are complimentary, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier.
To stop receiving Orvis Promotional Alerts, simply respond by texting “STOP”; we will then send you a reply message to confirm that you have been unsubscribed. If you want to re-join, just enroll as you did the first time and we will start sending messages to you again. Text “HELP” for additional information.
Orvis does not guarantee availability or performance of the Service and is not responsible for delays related to the transmission of text messages.
Compatible Mobile Carriers
The Program may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Participating carriers include: AT&T, Spring/Boost/Virgin, T-Mobile, MetroPCS, and Verizon Wireless. Carriers are not liable for delayed or undelivered messages.
Arbitration Agreement – Legal Disputes
Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding the Service. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution through the informal dispute resolution process, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms, the parties’ relationship with each other, and/or your use of the Service shall be finally settled by binding arbitration. Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) as currently in effect and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 1-800-778-7879. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to any claim that all or any part of these Terms are void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration provision shall exclusively be governed by the procedures and rules of the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA, and the parties hereby reject, waive, and disclaim the application of any state arbitration act.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exclusive Venue for Litigation. Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Bennington County, Bennington, VT (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Bennington County, Bennington, VT for any litigation other than small claims court actions. The parties irrevocably consent to personal jurisdiction in Bennington County, Bennington, VT for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of any court in such jurisdiction over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Service and (b) any acts or omissions of Orvis in connection with these Terms or the Service.