Backroom at The Limited Mobile Alerts Terms & Conditions
UNDER THESE TERMS & CONDITIONS YOU ARE AGREEING TO BINDING ARBITRATION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
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By texting us to participate in the Backroom at The Limited Mobile Offers and Alerts program (the “Program”), you agree that these Terms & Conditions are an agreement between you and Limited Stores, LLC (referred to as “The Limited”). You agree to receive up to 10 messages per month with information, alerts, and special offers from The Limited. Messages will be sent to your cell phone via an automatic telephone dialing system. Your consent to participate is not required and is not a condition of any purchase. The Limited will not charge you for subscribing to this program. Message and data rates may apply, depending on your wireless carrier plan.
You may stop receiving text messages related to Backroom at The Limited at any time by texting BRSTOP to 425683, and you may stop receiving text messages related to all The Limited brands by texting STOP to 425683. By texting BRSTOP or STOP to 425683, you agree to one additional confirmation message stating that you have opted out and will no longer receive messages from us. Before changing your mobile phone number, you agree that you will opt out of the Backroom at The Limited Mobile Offers and Alerts Program. Your opt-out request may not be effective immediately. In addition to these recurring marketing text messages, you may receive incidental text messages, which may include, for example, opt-in and opt-out confirmation text messages or welcome messages. For additional help, email ClientRelations@thelimited.com, call us at 1-877-LTD-1963 (1-877-583-1963) or send a text message with the keyword HELP to 425683. You must be the mobile account holder and at least 18 years of age or have a parent or guardian's permission in order to participate. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services. Pre-paid users may not be able to participate - check with your mobile service provider.
By participating in the Program, you agree to release and hold harmless Limited Stores, LLC and its affiliates and their respective representatives, agents, successors, assigns, employees, officers and directors (collectively, “The Limited Parties”), and vendors or contractors involved in delivering the Program (including, without limitation, Clickmail and its respective representatives, agents, successors, assigns, employees, officers and directors) (collectively with The Limited Parties, the “Released Parties”) from any and all liability, loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury and/or death which may occur in connection with the Program, and for any claims based on violation of law (including without limitation the Telephone Consumer Protection Act and federal and state consumer protection laws) or infringement or violation of any rights of any person or entity, including, without limitation, violation of privacy or publicity rights, defamation, invasion of privacy, and marketing violations. The Limited Parties are not responsible for any printing, typographical, mechanical or other errors in associated promotional materials in connection with the Program. Participating Wireless Carriers and/or each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not responsible for the Program, and none of them will have any liability or responsibility for any claim arising in connection with the Program.
First Step: Informal Dispute Resolution: If any dispute, claim, cause of action, or complaint arises out of, concerns or regards these Terms & Conditions, the Program, texts or messages delivered by The Limited, or The Limited’s compliance with laws related to the Program, texts or messages (individually a “Dispute,” and collectively “Disputes”), then notice must be provided as specified here. You and The Limited Parties agree to send a written notice to the other promptly or no later than when the notifying party reasonably should have known or should have become aware of the Dispute (i.e., when the “Dispute Arises”) and at latest within the “Limited Time to File Claims” as specified below. This written notice will provide a reasonable description of the Dispute, along with a proposed resolution of it. Notice from The Limited Parties to you will be sent to you based on the most recent contact information that you provide to The Limited (including via text or email), but if no such information exists or if such information is not current (including if you have unsubscribed to texts or messages), then The Limited Parties have no obligation to send you such notice under this section (the “Dispute Resolution Section”). Your notice to The Limited Parties must be sent to: Limited Stores, LLC, 7775 Walton Parkway, New Albany, OH 43054 (ATTN: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, The Limited Parties and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or The Limited Parties to resolve the Dispute on terms with respect to which you and The Limited Parties are not comfortable.
Binding Arbitration: ANY DISPUTE THAT CANNOT FIRST BE RESOLVED THROUGH INFORMAL METHODS AS DESCRIBED ABOVE WILL BE SUBMITTED TO BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) then in effect (the “Rules”), except as modified herein. The arbitration will be administered by the AAA. Claims or disputes that fall within the scope of the small claims court’s limited jurisdiction may, however, be submitted to such court. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. If an in-person arbitration hearing is required, then it will be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination should be made by an independent arbitrator. You and The Limited Parties will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if the applicable arbitration rules or laws require The Limited Parties to pay a greater portion or all of such fees and costs in order for this arbitration provision to be enforceable, then The Limited Parties will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply and be bound by these Terms & Conditions, and will determine any Dispute according to applicable law and facts based upon the record and no other basis. After the hearing, the arbitrator(s) will decide the Dispute and render a written decision setting forth the issues adjudicated, the resolution thereof and the reasons for the award. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. The Federal Arbitration Act (“FAA”) will apply to the Dispute and will govern whether the Dispute is subject to arbitration, including the No Class Action Matters section below. You can obtain AAA procedures, rules and fee information as follows: AAA: 800.778.7879, http://www.ADR.org.
Federal and State Courts in Franklin County, Ohio: Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, or any small claims action, any action or proceeding arising hereunder may only be instituted in a state or federal court located in Franklin County, Ohio. Accordingly, you and The Limited Parties consent to the exclusive personal jurisdiction and venue of such courts for such matters.
No Class Action Matters: YOU AND THE LIMITED PARTIES AGREE THAT EACH MAY BRING CLAIMS REGARDING DISPUTES HEREUNDER AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes hereunder will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There will be no right or authority for any Dispute to be arbitrated on a class-action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction regarding arbitration on a class-action basis is unconscionable or unenforceable, then the Dispute must be brought exclusively in a state or federal court located in Franklin County, Ohio as set forth above. Notwithstanding any other provision of this Dispute Resolution Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a federal or state court, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
Limited Time to File Claims: To the fullest extent permitted by applicable law, if you or The Limited Parties want to assert a Dispute against the other, then you or The Limited Parties must commence it within one (1) year after the Dispute Arises, or it will be forever barred. Commencing means, as applicable, (a) by delivery of written notice as set forth above in the First Step of this Dispute Resolution section, (b) filing for arbitration with the AAA as set forth in Binding Arbitration of this Dispute Resolution section, or (c) filing an action in state or federal court.
Severability. If any provision of these Terms & Conditions is held in an arbitration proceeding or by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Terms & Conditions will not be affected. If such provision would cease to be illegal, invalid or unenforceable if some part of that provision were modified or deleted, the provision in question will apply with the least such modification or deletion as may be necessary to make the provision legal, valid and enforceable.
Revisions to Terms & Conditions
The Backroom at The Limited Mobile Alerts Terms & Conditions may change at any time. We will post the revision date with the revised Backroom at The Limited Mobile Alerts Terms & Conditions, and the revised Terms & Conditions will apply to you for any texts or messages you receive after the revision date, so please check back from time to time. Remember, you may always opt out of or unsubscribe from the Program.