SMS Terms & Conditions
By "Opting In" to or using the Houston Texans ("Company") "Text Message Service" (both terms defined below), you accept these Terms & Conditions and agree to resolve disputes through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the "Disputes" section below. Company text messages are intended to provide you with information about Company's goods and services (e.g., Company-sponsored events, games, coupons, promotions, sweepstakes, and contests).
By using the Text Message Service provided by us, 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. We may update or amend this Agreement at any time, and such amendments will be effective upon our posting of the updated Agreement at (the "Website"). We may also elect to send you a text message to your mobile number to advise you of such amendments. You may review this Agreement, and any amendments hereto, at any time by accessing the Website. If you do not agree to the Agreement as amended, you must immediately cease using the Service and opt-out, as described above. Your continued access or use of the Service after such posting constitutes your consent to be bound by the Agreement, as amended.
"Text Message Service" includes any arrangement or situation in which the Company send (or indicates that it may send, or receives a request that it send) one or more text messages. You may review a partial list of covered Text Message Services.
"Opting In," "Opt In" and "Opt-In" refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages.
"Company" means Houston NFL Holdings, L.P. and its affiliates and subsidiaries.
By Opting In to a Text Message Service:
· You authorize the Company to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on file for the account associated with your Opt-In). You also authorize the Company to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase.
· You are signing your Opt-In to the Text Message Service, no purchase necessary to participate.
· You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
About the Text Message Services
Message and data rates may apply. Unless otherwise noted, Text Message Services may send multiple, recurring messages. The Company may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply.
The number of Company text messages that you receive will vary depending on how many of Company's text messaging programs for which you sign up to receive messages. You will receive a maximum of three messages per week per Company text messaging program.
Any dispute or claim arising out of or relating in any way to a Text Message Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Conditions of Use. 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.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on our registered agent. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Company will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF TEXAS), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS & CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST BEST BUY ARISING OUT OF OR RELATING IN ANY WAY TO ANY BEST BUY TEXT MESSAGE SERVICE.
The text-in number or short code may not be supported on all U.S. carriers. Please note that the supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers. The Company and the mobile carriers are not liable for delayed or undelivered messages.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM COMPANY, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THIS SERVICE OFFERED TO THE PUBLIC BY PROVIDER COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS OR ACTS OF GOD. WE DO NOT PROMISE ERROR-FREE SERVICE. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS MESSAGES AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR NETWORK OPERATOR.
Limitation of Liability
Company is not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney's fees.