Hibbett Product Launch Alerts Terms and Dispute Resolution Agreement
Effective Date: September 17, 2019
2. Our Service. By providing your mobile number, clicking the “CONSENT” button on our website, and replying “Y” to the initial invitation text message that you receive, or completing the Product Launch Alert webform, and replying “Y” to the initial invitation text message that you receive, you consent to receive an unlimited number of automated mobile text messages regarding product launches, invitations to join Hibbett Mobile Alerts, another text message program of Hibbett Sporting Goods, Inc. (the “Company”, “we” or “us”), and any other marketing or promotional materials from us, even if your mobile number is registered on any state or federal Do Not Call list. The text messages you receive will not be limited to alerts relating to the launch of new products. You will receive an unlimited number of SMS and/or MMS messages with alerts relating to product launches, promotional content, including coupons, advertisements, events, polls, giveaways, downloads, invitations to join Hibbett Mobile Alerts, promotional messages regarding Hibbett’s subsidiary, City Gear, LLC, and products sold by City Gear, LLC, and information alerts from us or third parties. Message frequency will vary according to the number of products for which you request product launch text message alerts. You have the ability to select particular products for which you wish to receive text message alerts, but you acknowledge and agree that the Company may send you text message alerts relating to products other than the products you select as well as any text message alerts relating to any of the other subject matters listed in this Paragraph 2. The Service is only available to customers of select carriers, with compatible handsets.
3. Service is Separate from Hibbett Mobile Alerts, Hibbett Raffle Alerts, Hibbett Order Alerts, Hibbett Shipment Alerts, Hibbettjobs Alerts, or any other text message program of Hibbett. Hibbett Product Launch Alerts is a separate program from Hibbett Mobile Alerts, Hibbett Raffle Alerts, Hibbett Order Alerts, Hibbett Shipment Alerts, and Hibbettjobs Alerts, each of which is governed by different terms and dispute resolution agreements accessible via the foregoing links. If you are subscribed to Hibbett Mobile Alerts, Hibbett Raffle Alerts, Hibbett Order Alerts, Hibbett Shipment Alerts, Hibbettjobs Alerts, or any other text message program of Hibbett, the messages you receive for Hibbett Product Launch Alerts will be in addition to the messages you receive for any of the other separate Hibbett text message alert programs.
4. Eligibility and Use Requirements. By subscribing to the Service, you confirm that you are over the age of 18 and the age of majority in your state of residence. You confirm that you are the current subscriber and/or customary user of the mobile number registered and authorized to incur any message or data charges that may be charged by your carrier. You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided in connection with your subscription is false or inaccurate, we may suspend or terminate your access to the Service at any time. You understand that you do not have to sign up for this Service in order to make any purchases (in-store or online), and your consent is not a condition of any purchase. Your participation in the Service is completely voluntary. You consent to receive mobile messages using automated technology, including through an automatic telephone dialing system or autodialer. You permit Company to use location information (e.g., GPS) from your mobile device when you are in or near a Company retail location and to send you additional messages based on your location.
5. How to Cancel Your Subscription. It is your sole obligation to notify Company that you do not want to receive mobile text messages sent as part of the Company’s Hibbett Product Launch Alerts program. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately. The parties both agree that the only reasonable ways to revoke consent to receive text messages sent as part of the Company’s Hibbett Product Launch Alerts program is one of the following three methods set forth in this Paragraph Four. First, you may revoke consent to receive Hibbett Product Launch Alerts at any time by texting STOP to 45779. You also agree that if you have previously subscribed to Hibbett Raffle Alerts and you text STOP to 45779 you will also be unsubscribed from Hibbett Raffle Alerts, which shares the 45779 short code with Hibbett Product Launch Alerts. Second, you may email firstname.lastname@example.org, including the word “STOP” or “UNSUBSCRIBE” and “HIBBETT PRODUCT LAUNCH ALERTS” followed by the mobile number. Please allow up to five (5) business days to process your request. Third, you may also revoke consent to receive Hibbett Product Launch Alerts by writing to: HIBBETT SPORTING GOODS, INC., 2700 MILAN COURT, BIRMINGHAM, AL 35211, ATTN: LEGAL DEPT. ANY SUCH WRITING MUST BE SENT TO HIBBETT VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND MUST INCLUDE the word “STOP” or “UNSUBSCRIBE” followed by “HIBBETT PRODUCT LAUNCH ALERTS” and the mobile number. Please allow up to ten (10) business days to process your request. You consent to receive an additional text message confirming your opt-out request, regardless of the method you use to revoke consent to receive mobile alerts associated with Hibbett Product Launch Alerts. The parties both agree that no partial revocation of consent to receive mobile alerts (including, by way of example and not limitation, a request that Company not send mobile alerts on certain days of the week or during certain hours of the day) shall be effective. If you unsubscribe from Hibbett Product Launch Alerts, you will be unsubscribed from alerts regarding all product launches that you have selected. It is not possible to unsubscribe from alerts regarding some products you have selected, but not others. If you unsubscribe from Hibbett Product Launch Alerts and then later re-subscribe using the same mobile number, you acknowledge and agree that we may send you text messages relating to any and all products for which you signed up to receive alerts prior to the date that you unsubscribed from Hibbett Product Launch Alerts.
6. Hibbett Product Launch Alerts Shares A Short Code (45779) with Hibbett Raffle Alerts. If you unsubscribe from Hibbett Product Launch Alerts and you have previously subscribed to Hibbett Raffle Alerts, you will also be unsubscribed from Hibbett Raffle Alerts.
7. Help. You may text HELP to 45779 for HELP.
8. Changes in Mobile Ownership/Indemnity. If you relinquish ownership of the mobile number associated with your subscription, you agree to immediately notify Company by texting STOP to 45779 or by emailing email@example.com and stating in your email your mobile number and that the mobile number should be removed from Hibbett Product Launch Alerts. You agree to indemnify Company for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your provision of a mobile number that is not owned by you and/or your failure to notify Company of any changes in mobile ownership. You must notify Company immediately of any breach of security or unauthorized use of your mobile device. Although Company will not be liable for your losses caused by any unauthorized use of your mobile phone, you may be liable for the losses of Company or others due to such unauthorized use. If you get a new mobile number, you will need to sign up your new number to continue receiving alerts.
9. Costs. The Service is free, but message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed to access and use the Service, and you are solely responsible for all charges related to them, including charges from your mobile carrier.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENT CORPORATION, OR ANY AFFILIATE OR SUBSIDIARY, INCLUDING BUT NOT LIMITED TO CITY GEAR, LLC, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE COMPANY’S SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE COMPANY’S SERVICE, FROM INABILITY TO USE THE COMPANY’S SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE COMPANY’S WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE COMPANY’S WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim against Company, its parent corporation, or any affiliate or subsidiary, including but not limited to City Gear, LLC, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us. You may send the written description to us only by U.S. Certified Mail, Return Receipt Requested, to HIBBETT SPORTING GOODS, INC., 2700 MILAN COURT, BIRMINGHAM, AL 35211, ATTN: LEGAL DEPT. You agree to negotiate with Company in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within sixty (60) days after Company’s receipt of your written dispute, you agree to the dispute resolution provisions below.
12. Arbitration Agreement and Class Action Waiver. YOU AGREE THAT ANY CLAIM AGAINST COMPANY, ITS PARENT CORPORATION, OR ANY AFFILIATE OR SUBSIDIARY, INCLUDING BUT NOT LIMITED TO CITY GEAR, LLC, MUST BE RESOLVED THROUGH ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ALSO AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Any dispute or claim arising out of or relating to the Service shall be settled by binding arbitration. You and Company waive the right to go to court and agree to submit any claims to arbitration. This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. However, we both retain the right to pursue in a small claims court any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. You agree that regardless of any statute or law to the contrary, any claim must be filed within one (1) year after such claim arose or be forever barred.
The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules issued in Sept. 2014. Please contact the AAA for a copy of the rules. For your convenience, arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and Company agree. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA. This provision survives termination of your subscription or relationship with Company. If the class action waiver is deemed unenforceable, then this entire arbitration provision shall be rendered null and void.
13. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM SIGN-UP OR THE FIRST MOBILE MESSAGE RECEIVED (WHICHEVER IS FIRST) BY WRITING TO: HIBBETT SPORTING GOODS, INC., 2700 MILAN COURT, BIRMINGHAM, AL 35211, ATTN: LEGAL DEPT. ANY SUCH WRITING MUST BE SENT TO HIBBETT VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
14. Changes to Terms. Our Terms may be modified and/or we may cease offering the Service. YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS. These terms were last modified on February 6, 2019.
15. General. No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provisions. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which shall otherwise remain in full force and effect. The Terms constitute the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company. These Terms and your relationship with Company shall be governed by the laws of the State of Alabama, without regard to its conflict of law provisions.