CLARKS TEXT/SMS PROGRAM TERMS AND CONDITIONS
Please read these Terms and Conditions (“Terms”) carefully.
By texting the indicated keyword (i.e. CLARKS1, CLARKS2, etc.) to short code 40679 (or such other short code as may be provided from time to time), you agree that you are providing C & J Clark Retail, Inc. (“Clarks”) and others texting on its behalf with prior express written consent to send you marketing and non-marketing text messages at the telephone number(s) you provide (“SMS messages”), including approximately three (3) promotional messages per month using automated technology.
You may opt out of receiving SMS messages at any time by following the opt-out procedures set forth below and in the SMS messages you receive. Your consent to receive SMS messages is not required to purchase any goods or services from Clarks.
By signing up to receive SMS messages from Clarks, you agree to abide by and be bound by these Terms. If at any time you do not agree to these Terms, please opt out of receiving SMS messages.
You agree to enter into, sign and receive these Terms electronically. Mobile Internet access is required. Print this page using your Internet-connected computer or device and web browser to retain a copy of your consent. You can withdraw your consent to receive this consent electronically. Mail us at 60 Tower Road, attn: SMS Marketing, Waltham, MA 02451 to request a free copy of your consent, update your contact information or for other customer service.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION IN THE “RESOLVING DISPUTES” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY DISPUTES ARISING OUT OF OR RELATED TO THE SMS PROGRAM, RECEIPT OF SMS MESSAGES OR THESE TERMS BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION PROVISIONS AS FURTHER DESCRIBED IN THE “RESOLVING DISPUTES” SECTION BELOW.
SMS PROGRAM DESCRIPTION
Clarks and its service providers may use any mechanism, including an automatic telephone dialing system, to deliver SMS messages to you once you have signed up to receive SMS messages from Clarks (the “SMS Program”). SMS messages are intended to provide you with information about Clarks’ products and services, including without limitation information about product releases, upcoming events, sweepstakes, contests, and promotions. This SMS Program is only valid in the United States.
Sign up to receive SMS messages from Clarks by texting the indicated keyword (i.e. CLARKS1, CLARKS2, etc.) to short code 40679 (or such other short code as may be provided from time to time). After we receive a text from your mobile number (“Your Number”), you will receive an SMS message requesting that you confirm your consent to receive SMS messages from Clarks to Your Number by texting us your email address. (Providing your email address confirms opt-in for SMS messages only; we will not send you promotional emails solely on the basis of your texting us your email address.)
Message and data rates may apply to each SMS message you receive and any text message you send in connection with this SMS Program, as provided in your mobile telephone service rate plan (please contact your mobile carrier for further details about your pricing plan), in addition to any applicable roaming charges. All charges and fees are your responsibility.
ELIGIBILITY; NUMBER CHANGES
To receive SMS messages, you must be a resident of the United States and eighteen (18) years of age or older. By signing up to receive SMS messages, you certify that you are (i) a resident of the United States and eighteen (18) years of age or older, and (ii) the account holder of the account associated with Your Number or a customary user included in a family or business calling plan of the account associated with Your Number.
To stop receiving SMS messages, text STOP to the short code 40679 (or such other short code as may be provided from time to time) from Your Number. After doing so, you will receive an SMS message confirming your opt-out, and thereafter you will no longer receive SMS messages to Your Number unless you later opt back in by following the procedures set forth in the Signing Up section of these Terms.
To request more information, text HELP to short code 40679 (or such other short code as may be provided from time to time) from Your Number at any time.
This SMS program is available through a number of carriers, including without limitation AT&T, Verizon Wireless, T-Mobile, Sprint, Nextel, U.S. Cellular, Virgin Mobile, and Boost. The program is not available with all cell phone carriers. You acknowledge and agree that network services and the deliverability of any messages are outside of Clarks control and Clarks is not responsible for any delays in sending or receiving SMS messages or any liabilities arising therefrom.
You are responsible for notifying Clarks immediately if you change or drop Your Number. You may notify Clarks of a number change or drop by emailing email@example.com. You agree to indemnify Clarks in full for all claims, expenses, costs, and damages related to or caused in whole or in part by your failure to timely notify Clarks about a change to Your Number, including without limitation those related to or arising out of the Telephone Consumer Protection Act (47 U.S.C. § 227).
Notifying Clarks that you have obtained a new phone number will not sign you up to receive SMS messages at your new phone number, as you must opt in by following the procedures set forth in the Signing Up section of these Terms.
We use this information to manage the SMS Program (including to send you SMS messages), tailor our specific products and promotions to meet your interests, and if you choose to participate in surveys or contests, administer the relevant survey or contest.
We may share this information with our corporate affiliates, third parties in the context of the sale of our business or its assets, corporate restructuring or liquidation, and otherwise to the extent permitted or required by applicable law. If fees are charged to your wireless account invoice, we may provide information to your carrier about them. Your wireless carrier may also collect data about your wireless device usage, and its practices are governed by its own policies. We may also access the content of your account and/or wireless account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints. We take measures to protect your sensitive personal information but cannot guarantee its security in transit storage.
CHANGES TO TERMS
Clarks may update or amend these Terms at any time, and any such update or amendment shall take effect upon our posting of the updated Terms to the Site. You agree to review these Terms periodically to ensure that you are aware of any updates or changes.
TERMINATION BY CLARKS
Clarks may, in its sole discretion, elect to terminate or suspend your receipt of SMS messages and participation in the SMS Program if Clarks believes that you are in breach of these Terms or for any other lawful reason. Your receipt of SMS messages may also terminate in the event your mobile telephone service terminates, lapses, or is otherwise suspended. Clarks reserves the right to modify or discontinue the SMS Program and your receipt of SMS messages at any time, with or without notice.
In the unlikely event that a problem occurs with respect to your participation in the SMS Program, receipt of SMS messages or these Terms, Clarks would like to address your concerns without needing a legal case or proceeding. Before initiating a legal case against Clarks, we ask that you work with us to resolve the dispute informally by contacting our Customer Service department at firstname.lastname@example.org.
PLEASE READ CAREFULLY. THE FOLLOWING AFFECTS YOUR RIGHTS: In the event we are unable to resolve your complaint or concerns, Clarks and you agree that any disputes between Clarks or its affiliates and you arising out of or related to your participation in the SMS program, receipt of SMS messages, or these Terms will be resolved through final, binding arbitration. This agreement to arbitrate includes, without limitation, any claims arising out of or brought under the Telephone Consumer Protection Act (47 U.S.C. § 227). All arbitration decisions shall be final and binding.
YOU AGREE THAT BY SIGNING UP FOR THE SMS PROGRAM AND RECEIVING SMS MESSAGES FROM CLARKS, YOU AND CLARKS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
RIGHT TO OPT OUT OF BINDING ARBITRATION WAIVER: WITHIN THIRTY (30) DAYS: IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST ACCEPT THESE TERMS. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO C & J CLARK AMERICA, INC., ATTN: SMS LEGAL, 60 TOWER ROAD, WALTHAM, MA 02451 AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR MOBILE NUMBER AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US OR OUR AFFILIATES THROUGH ARBITRATION.
DISCLAIMER OF WARRANTIES
The SMS Program, and all services provided hereunder, are provided “as is” and without warranties of any kind. Clarks expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE, and any warranties of title or non-infringement. Clarks does not represent or warrant that SMS messages will be uninterrupted, error-free, virus-free, accurate, secure, complete, satisfactory, or cured of any defects. Clarks is not responsible for any damages incurred as a result of your receipt of SMS messages, as your participation in the SMS Program is done at your own risk.
LIMITATION OF LIABILITY
You assume all responsibility and risk associated with your participation in the SMS Program and receipt of SMS messages. To the fullest extent permitted by law, under no circumstances will Clarks, or any of its directors, employees, agents, affiliates, licensors, manufacturers, or suppliers, be liable for any consequential, indirect, special, incidental, or punitive damages, including but not limited to any lost profits or revenues, anticipated profits or revenues, lost data or business opportunities, malfunctions, or other performance-related failures of our SMS Program, personal injuries to you or any third party, or any other tangible or intangible losses or damages related to your receipt of SMS messages or participation in the SMS Program.
APPLICABLE LAW / CHOICE OF VENUE
These Terms are governed by the laws of the United States and the Commonwealth of Massachusetts, without giving effect to any conflict of law provisions. Disputes other than those subject to arbitration as described in the “Resolving Disputes” section shall be adjudicated entirely in the state and/or federal courts of the Commonwealth of Massachusetts.
The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of these Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
Last Updated: June 2017