Text Message Terms and Conditions
By opting in to or using the DeWalt Pro Support Hub text message service (the “Text Service”), you accept these Terms & Conditions (“Terms”) and agree to resolve disputes with MTD Products Inc (“MTD”) through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the “Disputes” section below.
a. "Text Service" includes any arrangement or situation in which MTD sends (or indicates that it may send or receives a request that it send) one or more text messages. b. "Opting In," "Opt In" and "Opt-In" to refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages. c. "MTD" means MTD Products Inc and its affiliates and subsidiaries.
2. Opting In. From time to time, MTD may advertise the opportunity to participate in the Text Service and receive alerts and information via text message from MTDLLC, including each of its subsidiaries and/or affiliates. You acknowledge and agree that you are opting into the Text Service by texting a specific keyword to a specific short code as specified in the applicable MTD message. After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In. By opting in:
a. You authorize MTD to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your opt in (i.e., the number listed on the Opt-In form or instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on file for the account associated with your Opt-In). You also authorize MTD to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of purchase.
b. You confirm that 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.
c. You are signing your Opt-In to the Text Service. You consent to the use of an electronic record to document your opt-in.
3. More information and Opting Out. Message and data rates may apply. Unless otherwise noted, MTD may send multiple, recurring messages and/or terminate the Text Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received. For Text Services, text HELP for help and STOP to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the Text Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification.
4. Supported Carriers. Our participating carriers include (but not limited to) AT&T, Sprint, Verizon Wireless, U.S. Cellular, T-Mobile, MetroPCS. Please note, however, that the supporting mobile carriers may change without notice, and the particular Text Service you join, including those operated through a different number, may be limited to specific carriers. Carriers are not liable for delayed or undelivered messages. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services at the prices offered. Pre-paid users may not be able to participate – check with your mobile operator.
6. Termination. MTD reserves the right to unilaterally suspend or terminate Text Services, in its sole discretion, and without any prior notice to you.
7. Changes. MTD may revise these Terms at any time by updating this posting. If you are enrolled in Text Services, MTD will send a text message to note that the Terms have been amended. If you continue to use the Text Services following such notice, you thereby agree to the amended Terms. MTD reserves the right to change and consolidate associated short codes. Your sole remedy if you do not agree with a revised Terms, or if you do not agree to receive text messages from new short codes is to opt out.
8. Disputes. Please read this “Disputes” section carefully. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD. This arbitration clause shall survive termination of these Terms and Conditions.
a. Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms, your participation in the Text Service, or your relationship with MTD. Any dispute or claim arising out of or relating to these Terms, your access to or participation in the Text Service, or your relationship with MTDor any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either party may take claims to small claims court if they qualify for hearing by such a court.
b. Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to MTD’s Customer Service department to allow us an opportunity to resolve the dispute. You and MTD each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Term. The AAA Rules and information about arbitration and fees are available online at www.adr.org. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor MTD may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
c. Class Action Waiver and Jury Waiver. You and MTD each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and MTD that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
d. Governing Law. Any dispute arising from these Terms or your access to or participation in the Text Service will be governed by and construed and enforced in accordance with the laws of Ohio, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Medina County, Ohio.