WILT TEXT MESSAGING PROGRAM TERMS & CONDITIONS
These Wilt Text Messaging Program Terms & Conditions (“Text Messaging Terms”) apply to your participation with Wiltclothing.com, (“Wilt,” “we” or “us”) text messaging program (the “Program”). Your participation in the Program constitutes your express consent to receive automated messages (e.g., SMS and MMS) from Wilt at the mobile number you provided, including text messages that may be sent using an automatic telephone dialing system. By signing up for the Program, you agree to these Text Messaging Terms, including the DISPUTE RESOLUTION AND ARBITRATION AGREEMENT contained herein, and the Wilt’s Terms of Service, which are incorporated by reference. If you do not agree to these terms, you must immediately discontinue your participation in the Program by following the below cancellation instructions.
The Program may include recurring and nonrecurring text messages related to promotions, products, events, cart reminders, special offers or other Wilt-related news, as well as other information that we think will be of interest to you. Message frequency will vary. Wilt 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. Wilt also reserves the right to change the short code or phone number from which messages are sent. Consent to receive automated text messages is not a condition of any purchase. Message and data rates may apply.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Wilt, 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: AT&T Mobility, Verizon Wireless, Sprint Corporation, T-Mobile, US Cellular, Virgin Mobile, Google Voice, Truphone Limited, Open Mobile Puerto Rico, Claro Puerto Rico, MetroPCS, Boost, Mast Mobile, Associated Carrier Group (ACG), Tier 2/3 Carrier Group, Rural Carrier Group (RCG), and Peerless Network. Wilt reserves the right to add or remove eligible mobile phone carriers from the Program from time to time.
You may opt out of the Program at any time. Text the keyword STOP, CANCEL, QUIT, END, UNSUBSCRIBE, OPTOUT, or OPT-OUT to our shortcode to cancel your participation in the Program. After texting STOP, CANCEL, QUIT, END, UNSUBSCRIBE, OPTOUT, or OPT-OUT 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 consist of the STOP, CANCEL, QUIT, END, UNSUBSCRIBE, OPTOUT, or OPT-OUT keyword commands and agree that Revolve 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 Revolve through any other programs you have joined until you separately unsubscribe from those programs.
Help & Customer Care
Please contact our customer care team by email at email@example.com.
This message program is a service of Wilt, located at 1506 W. 12th St., Los Angeles, CA 90015.
Dispute Resolution and Arbitration Agreement
- General. In the interest of resolving disputes between you and Wilt in the most expedient and cost effective manner, and except as described in Paragraph 2 below or to the extent prohibited by applicable law, you and Wilt agree that every dispute arising out of or in any way related to these Text Messaging Terms or your receipt of text messages from Wilt or its service providers (“Disputes”) 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, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WILT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Despite the provisions of Paragraph 1 above, nothing in these Text Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Wilt will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Text Messaging Terms. 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 Wilt. The arbitrator has exclusive authority to resolve any Dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the Dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Wilt's address for Notice of Arbitration is: Parc & Pearl, Inc., ATTN: Legal, 1506 W. 12th St., Los Angeles, CA 90015. The Notice of Arbitration must: (a) describe the nature and basis of the Dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Wilt may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Wilt must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Wilt in settlement of the Dispute prior to the award, Wilt will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
- Fees. If you commence arbitration in accordance with these Terms, Wilt will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. 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 Wilt 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 Wilt 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 either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND WILT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Wilt agree otherwise, 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 Dispute Resolution Section. If Wilt makes any future change to this Dispute Resolution Section, other than a change to Wilt's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Wilt’s address for Notice of Arbitration, in which case your participation in the Program will be immediately terminated and this Dispute Resolution Section, as in effect immediately prior to the changes you rejected, will survive.
- Enforceability. If Paragraph 6 above is found to be unenforceable or if the entirety of this Dispute Resolution Section is found to be unenforceable, then the entirety of this Dispute Resolution Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Wilt’s Terms of Service will govern any action arising out of or related to these Text Messaging Terms.