Eloquii Messaging Terms & Conditions
You agree to receive recurring automated marketing and informational text
(e.g., SMS and MMS) messages from Eloquii, including text messages
that may be sent using an automatic telephone dialing system, to the mobile
telephone number you provided when signing up or any other number that you designate.
Consent to receive automated marketing text messages is not a condition of any purchase.
Msg & Data rates may apply.
Message frequency will vary. Eloquii reserves the right to alter the
frequency of messages sent at any time, so as to increase or decrease the total
number of sent messages. Eloquii also reserves the right to change the
short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be
deliverable in all areas. Eloquii, its service providers and the mobile carriers
supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP to 33769 to cancel. After texting STOP
to 33769 you will receive one additional message confirming that your
request has been processed. You acknowledge that our text message platform may not
recognize and respond to unsubscribe requests that do not include the STOP keyword
command and agree that Eloquii and its service providers will have no liability
for failing to honor such requests. If you unsubscribe from one of our text message
programs, you may continue to receive text messages from Eloquii through any other
programs you have joined until you separately unsubscribe from those programs.
This message program is a service of Eloquii, located at 2 Miranova Place, Suite 280, Columbus, Ohio 43215.
General. In the interest of resolving disputes between you and Eloquii in
the most expedient and cost effective manner, you and Eloquii agree that any
dispute arising out of or in any way related to these messaging terms and conditions
("Messaging Terms") or your receipt of text messages from Eloquii or its service
providers will be resolved by binding arbitration. Arbitration is less formal than a
lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may
allow for more limited discovery than in court, and can be subject to very limited review
by courts. Arbitrators can award the same damages and relief that a court can award.
This agreement to arbitrate disputes includes all claims arising out of or in any way
related to these Messaging Terms, or your receipt of text messages from Eloquii or
its service providers whether based in contract, tort, statute, fraud, misrepresentation,
or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT,
BY AGREEING TO THESE MESSAGING TERMS, YOU AND Eloquii ARE EACH WAIVING THE RIGHT TO A
TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE
SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed
to waive, preclude, or otherwise limit the right of you or Eloquii to: (i) bring an individual
action in small claims court; (ii) pursue an enforcement action through the applicable federal,
state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration
from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual
property infringement claim.
Arbitrator. Any arbitration between you and Eloquii will be governed by the Federal
Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for
Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"),
as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing
forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting
Eloquii. The arbitrator has exclusive authority to resolve any dispute relating to the
interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. If you or Eloquii intends to seek arbitration, then the party seeking arbitration
must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Eloquii
address for Notice is: 2 Miranova Place, Suite 280, Columbus, Ohio 43215, Attn: Chief Executive Officer. The Notice must: (i) describe
the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand").
You and Eloquii will make good faith efforts to resolve the claim directly, but if you and Eloquii
do not reach an agreement to do so within 30 days after the Notice is received, you or Eloquii may
commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you
or Eloquii must not be disclosed to the arbitrator until after the arbitrator makes a final decision
and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms,
Eloquii will reimburse you for your payment of the filing fee, unless your claim is for more than
$15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules.
If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on
the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or
(iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance
of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by
the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed
by the AAA Rules. In that case, you agree to reimburse Eloquii for all monies previously disbursed by it
that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration
is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings
and conclusions on which the decision and award, if any, are based. You and Eloquii agree that such written
decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to
enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to
the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or
Eloquii made within 14 days of the arbitrator's ruling on the merits.
No Class Actions. YOU AND Eloquii AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
unless both you and Eloquii agree otherwise in a signed writing, the arbitrator may not consolidate more
than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms,
if Eloquii makes any future change to this arbitration provision, other than a change to Eloquii
address for Notice, you may reject the change by sending us written notice within 30 days of the change to
Eloquii address for Notice, in which case this arbitration provision, as in effect immediately prior to the
changes you rejected, will continue to govern any disputes between you and Eloquii.
Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations
of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim
for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If
any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed
stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to Messaging Terms
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change
these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued
enrollment following such changes shall constitute your acceptance of such changes.