Conn's HomePlus Mobile Terms & Conditions - INCLUDING ARBITRATION PROVISION
By participating in the Conn’s HomePlus Text Club you are agreeing to receive recurring telemarketing and promotional messages from Conn Appliances, Inc., dba Conn’s HomePlus, including text messages sent using automated telephone dialing systems, to the mobile number provided at opt-in. You understand that your consent is not a condition of purchase. Message and data rates may apply and you agree your consent applies even if you must pay a charge for the text messages.
You can opt out of the Conn’s HomePlus Text Club by texting STOP to 39568. After texting STOP, you may receive one additional message, confirming your opt-out request has been received. Texting STOP to 39568 is the exclusive means for opting out of Conn’s HomePlus alerts. You agree that texting STOP to 39568 does not revoke your consent to be called or texted by Conn’s in connection with any other product, account or service. You further agree to notify Conn’s HomePlus in the event that your phone number is changed or deactivated. Text HELP to 39568 for help or email email@example.com.
Certain provisions of these Terms & Conditions may change by expressly designated legal notices or other legal means (the "Changed Terms"). If these Terms & Conditions conflict with such Changed Terms, such Changed Terms shall govern and apply; however the arbitration provisions of these Terms & Conditions shall apply to the Changed Terms.Network Issues/Malfunction
Conn’s HomePlus is not liable for TCPA violations caused by a carrier network failure or malfunction.Arbitration—This Section Limits Your Right to a Trial Before a Judge or a Jury –Read it Carefully
In this Arbitration Clause (the “Clause”), “you” and “your” reference the person consenting to receive Conn’s HomePlus Text Club telemarketing and promotional messages; and “I,” “we,” “our,” and “us” include Conn Appliances, Inc., dba Conn’s HomePlus, Conn Credit Corporation, Inc. and each of their parents, affiliates, employees, officers, directors, agents, servicers, or assigns.
A “Claim” is any claim, dispute or controversy that arises from or relates to the Conn’s HomePlus Text Club. A Claim includes but is not limited to: the sending or receipt of automated telephone dialing systems generated marketing messages; Claims alleging fraud or misrepresentation; and any other Claims under common law, equity, or concerning federal, state, or local law or regulation. You or I may elect to resolve any Claim exclusively by binding individual arbitration. The Federal Arbitration Act governs this Clause. One arbitrator will hear the Claim. The arbitrator will conduct the arbitration per the American Arbitration Association (“AAA”) rules.
ANY ARBITRATION MUST BE ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE YOUR RIGHT TO BE A CLASS REPRESENTATIVE OR CLASS MEMBER FOR ANY CLAIM AGAINST US. YOU ALSO WAIVE ANY RIGHT TO CONSOLIDATE OR JOIN YOUR CLAIMS WITH ANY OTHER PERSON OR ENTITY’S CLAIMS. YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS IS CALLED A “CLASS ACTION WAIVER.”
The arbitrator may not award relief in a form or amount not allowed by law. Any arbitration hearing will take place in Houston, Texas. Your Claim shall be governed by the laws of Texas, without regard to conflicts of law provisions. Judgment on the award may be entered in Texas. This Clause and Class Action Waiver are also binding on each party and their respective heirs, successors and assigns. If any part of this Clause other than the Class Action Waiver cannot be enforced, the rest will be enforced. If the Class Action Waiver cannot be enforced, the entire Clause will be unenforceable.
YOU MAY OPT OUT OF THIS ARBITRATION CLAUSE. To do so, you must send us a notice that you opt out by Certified Mail, return receipt requested. The notice must be post marked within 14 days of the date of enrollment in the Conn’s HomePlus Text Club. Such notice must be sent to the following address: Conn Appliances, Inc., 2445 Technology Forest Boulevard, Suite 800, The Woodlands, TX 77381, Attn.: Compliance Manager.Limitations of Liability
Conn’s HomePlus does not assume any responsibility, and shall not be liable for any damages to, or viruses or other harmful or malicious code that may infect your device, telecommunication equipment, or other property caused by or arising from your receipt of Conn’s HomePlus Text Club telemarketing and promotional messages or your participation in the Conn’s HomePlus Text Club and will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.
IN NO EVENT WILL CONN’S HOMEPLUS OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE [CONN’S HOMEPLUS ALERTS] BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE OR ACCESS TO CONN’S HOMEPLUS ALERTS, OR ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING CONN’S HOMEPLUS’ NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH CONN’S HOMEPLUS ALERTS, OR ANY MATERIAL OR CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING CONN’S HOMEPLUS ALERTS. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND CONN’S HOMEPLUS.
Waiver and Severability
No waiver by either party of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.