Text Message Terms and Conditions
PassinGrass administers this SMS program. By “Opting In” to, “submitting,” or using an PassinGrass “Text Service” (terms defined below), you accept these Terms & Conditions and agree to resolve disputes with PASSINGRASS (defined below) through binding arbitration (with limited exceptions).
“PassinGrass”, DBA of PG EMPIRE, LLC means PassinGrass and its affiliates and subsidiaries.
“Text Service” includes any arrangement or situation in which PassinGrass sends (or indicates that it may send, or receives a request that it send) any text messages.
“Opting In,” “Opt In,”“Opt-In,” “Submitting,” and “Submit” means requesting, agreeing to, enrolling in, signing up for, or otherwise consenting to receive text messages.
By Submitting to a Text Service:
You agree PassinGrass may text you or authorize others to do the same, including with automated equipment, on its behalf to any number you provide, directly to indirectly, for any purpose, including marketing PassinGrass’s services and/or products, even if the number called is on state or federal do-not-call registries. You are responsible for charges for incoming text messages or calls on your wireless phone(s). If you do not want to receive communications from PassinGrass via automated telephone systems or recorded messages, you must make such a request: (a) with respect to text messages, by replying “STOP”, “STOP ALL”, “UNSUBSCRIBE”, “CANCEL”, “END”, or “QUIT.” Your opt-out request may generate either a confirmation text or a texted request for clarification. To complete your opt-out, please provide the requested clarification. Please allow 30 days for your request to be honored. Your consent to receive marketing communications is not required for any purchase. Your consent outlined in this paragraph survives termination of this Agreement.
You acknowledge you are signing your Opt-In to the Text Service.
You confirm you have the authority to Opt-in or Submit, including because you are either the subscriber of the phone number you provided, the customary user of the phone number you provided, or were authorized to Opt-in or Submit by the subscriber or customary user of the phone number.
You confirm that continued use of the Text Service after you have been notified of a change in the Terms and Conditions shall be deemed an acceptance of such new Terms and Conditions. PassinGrass may notify You via SMS message to the number provided, mail or email to the addresses on file, by amending these Terms and Conditions online, or by any other means PassinGrass decides to use, in its sole discretion. Amendments are effective on the date of notice or date of publication online, whichever is earlier. You agree to check for changes to the Terms and Conditions online, from time to time.
Text Services and Opting Out
Data and message rates may apply. Text Services send multiple, recurring messages unless otherwise noted. PassinGrass may terminate any Text Service or your participation in it at any time with or without notice.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT AFFECTS YOUR RIGHTS, AND THE RIGHTS OF THOSE TO WHOM YOU PROVIDE ACCESS TO YOUR ACCOUNT OR USE OF THE TEXT SERVICE. THE AGREEMENT TO ARBITRATE ALL CLAIMS IS A CONDITION OF YOUR USE OF THE TEXT SERVICE.
You (on your behalf and on behalf of anyone who uses your account or the text service) agree to resolve all disputes with or involving PassinGrass by final and binding arbitration of all claims before the American Arbitration Association, except disputes within the jurisdiction of the applicable small claims court, disputes involving PassinGrass’s intellectual property rights, or any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court. You also agree that the arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or the validity of the arbitration agreement. Further, you agree that: (a) the Federal Arbitration Act governs; (b) THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF PASSINGRASS; and (c) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PASSINGRASS HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION.
You can decline this arbitration agreement by timely emailing [insert e-mail address] and providing the following information: (1) your name; (2) your address; (3) your phone number; and (4) a clear statement that you wish to opt out of this arbitration agreement. To be effective, the opt-out notice must be emailed no later than 30 days after the date you become bound by the arbitration agreement. Please note that you will continue to be bound by any older arbitration provision you did not out opt of and any arbitration provision that otherwise governs your relationship with PassinGrass.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class action waiver above is found unenforceable, the entire arbitration agreement is void.