Text Messaging Terms & Conditions
THE SHADE STORE - Text Messaging Terms & Conditions
Read these Measurement, Order, Installation and Delivery Text Messaging Terms & Conditions (this “Agreement”) for important information about our text alert services. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. This Agreement adopts and incorporates our Privacy Policy.
The Shade Store, LLC or its affiliates (“The Shade Store”) may offer access to messages pertaining to your orders and product delivery, including measurement and installation services, through The Shade Store or its third-party vendors via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts (“The Shade Store Text Alerts”). Enrollment in The Shade Store Text Alerts requires a customer to provide their own mobile phone number with an area code within the United States or Canada. By enrolling to receive The Shade Store Text Alerts, you agree to this Agreement, which becomes effective upon your enrollment.
You acknowledge that The Shade Store Text Alerts will be sent to the mobile phone number you provide to The Shade Store. Such alerts may include limited personal information about your orders and/or product delivery, including with respect to measurement and installation of your order. Once you enroll, the frequency of The Shade Store Text Alerts we send to you will vary. You will typically receive The Shade Store Text Alerts when we have information for you about your measurement or installation appointment, product delivery, or other information regarding your product purchase. The Shade Store does not impose a separate charge for The Shade Store Text Alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
You may opt out of The Shade Store Text Alerts at any time. To stop receiving The Shade Store Text Alerts, reply STOP to The Shade Store Text Alert. After you submit an opt out, you will receive one final text alert from The Shade Store confirming that you will no longer receive The Shade Store Text Alerts. No additional The Shade Store Text Alerts will be sent unless you re-activate your enrollment. For questions about The Shade Store Text Alerts, reply to a text alert with the word “HELP”, or call The Shade Store at (800) 331-2850.
The Shade Store Text Alert programs are offered on an “as is” basis and: (1) may not be available in all areas or through all wireless carriers at any or all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. The Shade Store may change or discontinue any of its text alert programs without notice or liability to you. The Shade Store and its related companies and each of their respective officers, directors, employees and consultants are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any The Shade Store Text Alert program or from technical failures or delays of any kind. The Shade Store reserves the right to cease delivery of The Shade Store Text Alerts to any person at any time in its sole discretion. The wireless carriers are not liable for any delayed or undelivered text alerts.
All information collected in connection with our text alert programs is governed by our Privacy Policy.
Dispute Resolution: EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE SHADE STORE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT THE SHADE STORE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The Consumer Arbitration Rules are available online here. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. The arbitrator shall have the power to rule on their own jurisdiction, including any objections with respect to the existence, scope, or validity of this Dispute Resolution provision or to the arbitrability of any claim or counterclaim. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.