- signs up to receive one or more SMS or MMS messages from Rainbow ( "us", "we" and "our")
- sends us messages via SMS or MMS
Mobile Account Owner: If you are not the mobile account owner, you represent that you have the permission of the mobile account holder to use the Services and to enter into this Agreement.
Age and Permission: You represent that you are of legal age to enter into this Agreement, or are at least 13 years of age and have your parent's permission to use the Services.
What We Will Send You When You Sign Up for Rainbow Text Messaging: When you sign up for Rainbow's text messaging you are expressly consenting to receive approximately 8 messages per month containing information about Rainbow, its products, promotions, events, news, and similar material. If you reply to any of these messages, such as texting in a vote, you may receive additional response messages. If you join another of our mobile campaigns, you will receive additional messages for that campaign.
Sign Up: Text RAINBOW to 49899 to receive text messages from Rainbow. If you agree to receive text messages from us, we may use an automatic telephone dialing system to contact you. You are not required to consent to receive text messages in order to obtain product and services from Rainbow. Message and data rates may apply.
Stopping Our Messages: You may opt out of the Services at any time by texting the word STOP to 49899 from the enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages from any of our mobile campaigns.
Message and Data Rates May Apply - Your Carrier May Charge You For These Messages. We do not charge a fee for the Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your using the Services.
Help: Text HELP to 49899 or call 844-572-4626.
Delivery Not Guaranteed: The Services may not be available in all areas at all times. SMS/MMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. The Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. T-Mobile is not liable for delayed or undelivered messages.
Your Wireless Service: You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service. Our messages are currently available on the following US mobile carriers: AT&T, Verizon Wireless, T-Mobile, Sprint, Virgin Mobile USA, Metro PCS, Cincinnati Bell, Centennial Wireless, Unicel, U.S. Cellular, and Boost.
The list of carriers is subject to change. In the event that you attempt to receive multimedia content on an unsupported carrier or handset, a text message with an alternate viewing experience will be provided.
No Resale: You may not use, sell or otherwise exploit the Services for any commercial purposes.
Hacking and Similar Activity: You agree that you will not take any action that imposes an unreasonable or disproportionately large burden on the infrastructure of our systems or networks, or any systems or networks connected to the Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or with any other person's use of the Services. You may not attempt to gain unauthorized access to any systems or networks connected to the Services.
Changes to the Services: The Services may be changed or discontinued without notice to you. We and our suppliers and affiliates are not responsible to you or any third party for any damages arising from your use of the Services or its modification, suspension, or cancellation.
General Disclaimer: the Services are provided "as is" with all faults without warranty of any kind, either expressed or implied. We disclaim all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and non infringement or arising from a course of dealing, usage, or trade practice. We shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the services, even if we have been advised of the possibility of such damages.
Indemnification: You agree to defend, indemnify, and hold us, our affiliated companies, employees, representatives and agents harmless from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of the Services.
Dispute Resolution: Except for disputes that can be brought in small claims court, all disputes between you and Rainbow Shops arising out of, relating to or in connection with text, SMS, MMS, recorded or other telephone messages or calls and these terms and conditions shall be exclusively settled through binding arbitration through the American Arbitration Association ("AAA") pursuant to the AAA's then-current rules for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND RAINBOW SHOPS AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator's award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these terms to the contrary, we agree that if Rainbow Shops seeks to delete the agreement to arbitrate from this dispute resolution provision, any such deletion will not apply to any individual claim(s) that you had already provided notice of to Rainbow Shops. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If you wish to opt-out of the agreement to arbitrate, within 30 days of when you first request to receive a text, SMS, MMS, recorded or other telephone message, messages, call or calls from Rainbow Shops you must send Rainbow Shops a letter stating "Request to Opt-Out of Agreement to Arbitrate" at the following address: Rainbow, 1000 Pennsylvania Ave, Brooklyn, NY 11207. In the event you opt out of the arbitration provision, you agree to exclusively litigate in a court of competent jurisdiction in Brooklyn, New York. These terms and conditions are governed by the laws of the State of New York without regard to conflict of law provisions. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Brooklyn, New York. This section applies to persons who request to receive a text, SMS, MMS, recorded or other telephone message, messages, call or calls from Rainbow Shops after February 10, 2016, and will survive termination of your participation in any Rainbow Shops messaging program.
- refuse to transmit and/or delete any message,
- restrict or prohibit your use of the Services, and/or
- seek all remedies available by law and in equity for such violations