Arthri-D Text Alerts (the “Service”) are text messages that contain promotion alerts for special offers, information and sales from Arthri-D
“You” means the person who signs up to participate in, or uses in any way, Arthri-D Text Alerts. “We,” “our,” “us,” and “provider” refer to , as well as any other person or entity providing any service, applications or content to you from us or on our behalf.
“Applications” and/or “Content” refer to any promotional offer, link, file, device or software that can be downloaded by you to either a computer or a wireless device.
“Service” means the Arthri-D, Applications, or Content.
By using the Service provided by Arthri-D, you have agreed to be bound by these terms and conditions (this “Agreement”). If you do not agree with this Agreement, you must immediately cease using the Service and opt-out, as described below. Arthri-D may update or amend this Agreement at any time, and such amendments will be effective upon our posting of the updated Agreement at www.arthrid.com/mterms (the “Website”). Continued access or use of the Service after such posting constitutes consent by you to be bound by the Agreement, as amended.
How To Receive Arthri-D Text Alerts
You can sign up to receive Text Alerts by texting PAIN to 978-999-3113 or by signing up on the Arthri-D Site when prompted. Upon submission of your mobile number (“Your Mobile Number”) to the Arthri-D Alert program, you will receive an SMS text message requesting you to confirm that you consent to receive text messages to Your Mobile Number. By confirming, you grant Arthri-D express permission to send recurring marketing text messages to Your Mobile Number through your wireless phone carrier using automated technologies unless and until such permission is revoked in accordance with these Terms and Conditions; and by granting such permission to Arthri-D, you are hereby requesting to receive text messages in spite of the fact that Your Mobile Number(s) may otherwise be on the federal, or a state’s, Do Not Call List and you agree that, to the maximum extent permitted by law, your request overrides any prior Do Not Call request for or related to the Arthri-D Alert program you enroll in. You are not required to agree to receipt of text messages in order to purchase any product or service from Arthri-D.
Is There A Cost?
While all Arthri-D Text Alerts are free, message and data rates may apply. You may be charged by your carrier depending on your text plan,. By enrolling in the Service, you certify that you are 18 or older and that (a) you are the account holder or (b) you have the account holder’s permission to do so.
How to Opt Out
To stop receiving only Arthri-D Text Alerts, simply text STOP to 978-999-3113 or in response to your last received text, or call . After opting out, you will receive a text message confirmation of your opt-out and you will no longer receive Arthri-D text messages to Your Mobile Number thereafter.
You acknowledge and represent to Arthri-D that you are the current wireless service plan subscriber and/or an authorized user of the mobile phone number(s) that you link to (sign up to receive) the text alert/messages Service, or you have been granted permission by the wireless service plan subscriber and/or authorized user of the mobile phone number(s) to enroll the mobile phone number(s) in the service. You agree to advise us immediately if you cease being the subscriber or regular user of Your Mobile Number.
Alterative Dispute Resolution and Class Action Waiver
Please contact customer service with any issues that you may have. If we unfortunately cannot resolve our issues, you and Arthri-D each agree to resolve any and all disputes through binding arbitration or small claims court as set forth below.
Please read this carefully. It affects your rights. YOU AND ARTHRI-D AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN COURT. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and the provider hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and Arthri-D agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ARTHRI-D ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND ARTHRI-D ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND ARTHRI-D AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
Unless you and Arthri-D agree otherwise in writing, the arbitration will take place in the county of the non-initiating party.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
Limitation of Liability
To the maximum extent permitted by applicable law, Arthri-D is not responsible and will not be liable for any damages of any nature, including without limitation any direct, indirect, incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees even if Arthri-D has been advised of the possibility of such damage or loss, arising or resulting from or in any way relating to your use of th Services and/or Arthri-D text messages. Furthermore, Arthri-D shall not be liable for the acts or omissions of third parties, including but not limited to delays in the transmission of messages.
Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws principles.