Bodyblade Messaging Terms & Conditions
THESE TERMS INCLUDE A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION BELOW.
You agree to receive recurring automated text (e.g., SMS and MMS) messages and marketing text messages from Bodyblade, 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. Bodyblade 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. Bodyblade also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Bodyblade, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
If you do not wish to receive additional text messages, you agree to text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode 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, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Bodyblade 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 Bodyblade through any other programs you have joined until you separately unsubscribe from those programs.
You understand and agree that the foregoing options are reasonable methods of opting out and are the exclusive means of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, sending an e-mail, or verbally requesting one of our employees or service providers to remove you from our list, are not reasonable means of opting out.
Duty to Notify and Indemnify
You represent and warrant that you are the subscriber and the regular user of the telephone number that you provided when signing up. If at any time you intend to stop using the telephone number that you provided, including cancelling your service plan or selling or transferring the telephone number to another party, you agree that you will complete the cancellation process set forth above prior to ending your use of the telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your telephone number without completing the cancellation process set forth above prior to ending your use of the telephone number, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Bodyblade, or any party that assists in the delivery of the text messages, as a result of claims brought by any individual(s) later assigned or who later use that telephone number. This duty and agreement shall survive any cancellation or termination of these Terms.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD BODYBLADE HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO PROMPTLY NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, YOUR FAILURE TO FOLLOW THE CANCELLATION PROCESS SET FORTH ABOVE, OR FROM YOUR PROVISION OF A TELEPHONE NUMBER FOR WHICH YOU ARE NOT THE SUBSCRIBER AND REGULAR USER, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER YOU PROVIDED.
You acknowledge and agree to not send any prohibited content over the text message platform. Prohibited content includes: any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
Text the keyword HELP to our shortcode to return customer care contact information.
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email email@example.com.
This message program is a service of Bodyblade, located at PO Box 5100, Playa del Rey, California 90296.
- General. In the interest of resolving disputes between you and Bodyblade in the most expedient and cost effective manner, you and Bodyblade 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 Bodyblade 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 Bodyblade 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 BODYBLADE 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 Bodyblade 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 Bodyblade 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 Bodyblade. 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 Bodyblade 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"). Bodyblade address for Notice is: PO Box 5100, Playa del Rey, California 90296, 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 Bodyblade will make good faith efforts to resolve the claim directly, but if you and Bodyblade do not reach an agreement to do so within 30 days after the Notice is received, you or Bodyblade may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Bodyblade 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, Bodyblade 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 Bodyblade 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 Bodyblade 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 Bodyblade made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND BODYBLADE 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 Bodyblade 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 Bodyblade makes any future change to this arbitration provision, other than a change to Bodyblade address for Notice, you may reject the change by sending us written notice within 30 days of the change to Bodyblade 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 Bodyblade.
- 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.