CocoaVia™ Mobile Messaging Terms and Conditions
Program Description: CocoaVia™ is offering a text message alert program (the “Program”), subject to these Mobile Messaging Terms and Conditions (the “Terms”). If you do not wish to continue participating in the Program or no longer agree to these Terms, you can reply “STOP” to any
mobile message from CocoaVia™ in order to opt out of the Program.
User Opt In: The Program allows users to receive SMS and/or MMS (“mobile”) messages that include, but are not limited to, alerts, information, offers and rewards when you affirmatively opt into the Program, such as by signing up online or texting a keyword to the short code. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program when you are provided notice of these Terms. The mobile messaging service used by CocoaVia™ to communicate with does not have the capacity to randomly or sequentially generate telephone numbers, and we can only communicate to individuals who have provided us their
telephone number. Thus, CocoaVia™’s mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by signing up to receive messages
from CocoaVia™, you agree to receive automated promotional mobile messages from us. By providing your mobile telephone number to CocoaVia™ when presented with or informed of these Terms, you consent to receive mobile messages to the fullest extent permitted under applicable law, regardless of the technology utilized.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with CocoaVia™.
Contact Information: For support, text “HELP” to any CocoaVia™ mobile message.
User Opt Out and Additional Commands: To opt out of receiving mobile messages, reply “STOP” to any mobile message you received from CocoaVia™ on your mobile device. This is the easiest and preferred method to opt out receiving mobile messages through the Program.
You may receive an additional mobile message confirming your decision to opt out. The Program may recognize or respond to additional commands and keyword queries. Thus, you may receive additional informational text messages based on your interaction with the Program, even after opting out of receiving the Program’s recurring alerts.
You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of CocoaVia™ that result from your continued communication with the Program. CocoaVia™ may also provide you instructions on how to rejoin receiving the Program’s recurring mobile alerts when you unsubscribe. You agree that you are subject to the Terms, including any modifications thereto then in effect, when you resubscribe to the Program through any of the available options to do so.
CocoaVia™ Warranty: CocoaVia™ will not be liable for any delays or failures in the receipt of any messages connected with this Program. Delivery of messages is subject to effective transmission from your wireless service provider/network operator, and is outside of CocoaVia™’s control. Carriers
are not liable for delayed or undelivered messages.
Dispute Resolution: In the event that there is a dispute, claim or controversy between you and CocoaVia™, or between you and any third-party acting on CocoaVia™’s behalf in connection with the Program, arising out of or relating to federal or state statutory claims, common law
claims, these Terms, or the breach, termination, enforcement, interpretation or
validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein
(provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and
Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.
In resolving a claim for arbitration, the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
You warrant and represent to CocoaVia™ that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. CocoaVia™ reserves the right to change these Terms
from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified. You further warrant and represent that you will not provide to CocoaVia™ any telephone
number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify CocoaVia™ that your prior telephone number is no longer assigned to you.