AXS TV Text Messaging Terms and Conditions – Updated August 20, 2018
By participating in AXS TV LLC (“AXS TV”) alerts you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in. Frequency of messaging varies. Consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from the AXS TV text list you must text STOP to 63661 to opt-out. This is the exclusive method for opting out. After texting STOP to 63661 you will receive one additional message confirming that your request has been processed. Text HELP to 63661 for help or email customer care at firstname.lastname@example.org
In the event that you change or deactivate your mobile number it is your responsibility to notify AXS TV at email@example.com to have your number removed. The mobile carriers are not liable for delayed or undelivered messages.
Additionally, AXS TV reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under this program. 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 this mobile alert service will be resolved by binding arbitration, rather than court.
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. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and AXS TV 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 American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s 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 AAA’s 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. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AXS TV ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND AXS TV AGREE OTHERWISE 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.
You and AXS TV are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. AXS TV, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.
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.
If any term of this Section (Arbitration and Class Action Waiver) 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 Additional Contract Terms
Limitation of Liability
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 Texas.
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.
Changes to Terms
These terms and conditions are subject to change at any time without notice.
AXS TV will use your information in a manner that is consistent with this Policy and only for the purpose for which it is submitted, unless other uses are disclosed at the time of collection and you allow us to use your information in these other ways. AXS TV may share your information with affiliated and unaffiliated companies who would like to send you information about their products and services. However, you will always have the opportunity to instruct us not to share your information with third parties. AXS TV employees, agents and contractors must have a legitimate business reason to obtain access to your information. Outside contractors or agents who help us manage our information activities may only use your information to provide us with a specific service and not for any other purpose. AXS TV may be required to disclose information to comply with legal requirements, such as a court order, and to protect the safety and security of visitors to the Site.
AXS TV uses reasonable administrative, technical, personnel and physical measures to safeguard information in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, AXS TV uses reasonable methods to make sure that information is accurate and complete.
If for any reason you wish to stop all future communications from AXS TV, you may send an e-mail with the words “E-Mail Removal” in the subject line to firstname.lastname@example.org requesting that your information be permanently removed from any AXS TV database. AXS TV will send an email confirmation of such removal to you within thirty (30) business days of receipt of your request.
From time to time AXS TV conducts promotional contests and giveaways. At times, special contests and promotions may require the establishment of a separate set of rules. Our general promotion rules are available at AXS TV’s Promotional Contests and Giveaways General Rules.
Complete you alternate means of entry for general AXS TV contests.
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