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Dreamlines USA, LLC Mobile Communications Terms and Conditions (“Mobile Terms”)
Updated December 2018
Through its website and via additional means, Dreamlines USA, LLC, (“Dreamlines USA, LLC”) provides any individual located in the United States (“you”) with the option to receive information and marketing materials related to Dreamlines USA, LLC products and services via calls or messages to your mobile device using a mobile phone number you provide to Dreamlines USA, LLC (“mobile communications”). By signing up to receive mobile communications from Dreamlines USA, LLC, you agree to be bound by the following terms and conditions, and you represent and warrant that you have the legal authority and capacity to enter into this agreement.
IF YOU SIGN UP TO RECEIVE MOBILE COMMUNICATIONS FROM DREAMLINES USA, LLC, THESE TERMS AND CONDITIONS WILL BECOME PART OF A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DREAMLINES USA, LLC. PLEASE READ THIS DOCUMENT IN ITS ENTIRETY BEFORE SIGNING UP TO RECEIVE MOBILE COMMUNICATIONS. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY HEAR YOUR CLAIMS, OR TO PROCEED ON BEHALF OF OR AS PART OF A CLASS.
Consent is not a condition of receiving Dreamlines USA, LLC products or any Dreamlines USA, LLC service aside from receiving mobile communications; however, Dreamlines USA, LLC agrees to provide you with mobile communications ONLY if you agree to the terms contained herein. If you do not wish to agree to these terms, but wish to contact Dreamlines USA, LLC about its products and services, please contact a Dreamlines USA, LLC consultant by calling 1-888-665-8208.
Your agreement to receive mobile communications from Dreamlines USA, LLC does not affect the terms of any other contract or agreement you have related to other Dreamlines USA, LLC products or services.
Mobile communications means and content
By signing up to receive mobile communications from Dreamlines USA, LLC, you are providing prior express written consent for Dreamlines USA, LLC to send you mobile communications at the number you provide to Dreamlines USA, LLC. Mobile communications may contain marketing or advertising material.
Dreamlines USA, LLC may send mobile communications to you directly or through a third party acting on behalf of Dreamlines USA, LLC. In doing so, Dreamlines USA, LLC or a third party acting on its behalf may use non-automated or automated means to send mobile communications, including but not limited to equipment that qualifies as an automated telephone dialing system.
You agree not to respond to any Dreamlines USA, LLC mobile communication in any way that is unlawful or abusive or in any way that disrupts or damages Dreamlines USA, LLC’s property or systems. You understand that text messages and other communications you send in response to Dreamlines USA, LLC mobile communications may not be secure and may be intercepted or accessed by unauthorized third parties during transit. You agree to hold Dreamlines USA, LLC harmless against any unauthorized third party access to PHI contained in messages you send to Dreamlines USA, LLC.
Accuracy of number
You represent and warrant that you are the authorized mobile telephone subscriber for the number you provide to Dreamlines USA, LLC. You have confirmed that you have provided us with the correct number.
Dreamlines USA, LLC will not impose any charges on you associated with its sending of mobile communications. However, your mobile device service provider may charge messaging or data fees or rates associated with mobile communications you receive from or send to Dreamlines USA, LLC. You are solely responsible for any such charges.
You may revoke your consent to receive mobile communications from Dreamlines USA, LLC at any time by texting “STOP” in reply to any Dreamlines USA, LLC mobile communication or by writing an email to [email protected] clearly indicating that you do not wish to receive additional mobile communications from Dreamlines USA, LLC.
Dreamlines USA, LLC may, in its sole discretion, choose to honor or disregard revocation requests made through other means. You agree to notify Dreamlines USA, LLC immediately if you cancel your subscription to the number you provided to Dreamlines USA, LLC at the time of registration by writing an email to [email protected] or change your domicile to a location outside of the United States. Dreamlines USA, LLC will terminate your subscription to mobile alerts within a reasonable period of time upon receipt of such a notice. Upon its own election, Dreamlines USA, LLC may terminate your participation in its mobile communications program at any time, in its sole discretion.
Dreamlines USA, LLC may modify or revise these Mobile Terms at any time by posting revisions on the Dreamlines USA, LLC website. If you do not opt-out of receiving additional messages by texting “STOP” in reply to any Dreamlines USA, LLC mobile communication or by writing an email to [email protected] clearly indicating that you do not wish to receive additional mobile communications from Dreamlines USA, LLC after changes to these Mobile Terms, you agree to be bound by the modified or revised Mobile Terms.
You may not modify these Mobile Terms without express written consent from Dreamlines USA, LLC.
Any controversy, dispute, or claim arising out of or relating to these Dreamlines USA, LLC Mobile Communications Terms and Conditions, the breach thereof, or mobile communications sent by or on behalf of Dreamlines USA, LLC—including the suitability of your or Dreamlines USA, LLC’s claim for arbitration—shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. If an arbitrator’s award is granted, it is binding and may be entered in any court of competent jurisdiction.
Neither party may bring an action, in arbitration or otherwise, unless the action is started within two years of the occurrence allegedly causing the damage in question.
No arbitration brought under, or with respect to, this Section is to be joined to an arbitration involving any other party subject to these Mobile Terms, whether through class arbitration proceedings or otherwise. Unless Dreamlines USA, LLC and you mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general, or class proceeding.
The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Monetary relief shall be awarded only for direct damages; monetary relief shall not be granted for consequential damages, incidental damages, or lost profits.
Any arbitration award and any judgment confirming shall not have any precedential effect and may not be used in any other case except to enforce the award itself.
To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
For arbitration claims you assert against Dreamlines USA, LLC in accordance with this Section (but not for any arbitration claim against you), Dreamlines USA, LLC will pay your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Dreamlines USA, LLC will pay its, and you will pay your, lawyers’, experts’, and witnesses’ fees, expenses, and costs with respect to all claims.
Before seeking arbitration, you must first send to Dreamlines USA, LLC a written Notice of Dispute (“Notice”). The Notice must be sent by certified mail to Dreamlines USA, LLC, 600 Corporate Drive, Suite 240, Fort Lauderdale, FL 33334. The Notice should describe the nature and basis of your claim or dispute and the specific relief you seek. If you and Dreamlines USA, LLC cannot reach an agreement to resolve the claim within thirty days after the Notice is received, you or Dreamlines USA, LLC may commence arbitration.
Disclaimer of warranties
Dreamlines USA, LLC sends mobile communications on an “as-is” basis. Dreamlines USA, LLC specifically disclaims all express or implied warranties related to its mobile communications.
These Mobile Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of law provisions.
If, for any reason, a court or arbitrator of competent jurisdiction finds any provision, or portion thereof, of these Mobile Terms unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Mobile Terms shall remain in full force and effect.
Sections G through I shall survive any termination of these Mobile Terms by either Dreamlines USA, LLC or you.