1. What are Church’s Chicken Mobile Alerts?
Church’s Chicken Mobile Alerts are non-marketing and marketing text messages that contain information regarding local Church’s Chicken operations. By enrolling in Church’s Chicken Mobile Alerts you expressly consent to receive recurring autodialed marketing texts from or on behalf of Church’s Chicken at the mobile number you’ve provided to opt-in. You understand that consent is not a condition of purchase. Message and data rates may apply. Message frequency will vary.
2. How do I sign up?
You can sign up for one or more Church’s Chicken Mobile Alerts programs by texting the code found in any Church’s Chicken advertisement or communication. After opting-in, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your opt-in.
3. What if I don’t want to receive any more messages?
You may opt-out of these communications at any time. To stop receiving Church’s Chicken Mobile Alerts, by texting STOP to any of the Church’s Chicken Mobile Alerts you receive. You will receive a final message confirming your opt-out, and no further messages will be sent to your mobile phone unless you later choose to opt back in to the program.
4. How do I get more info?
To request more info, simply text HELP to the short code 244256, email us at firstname.lastname@example.org, or call us at 1-866-345-6788.
5. What are the Participating Carriers?
Check with your wireless carrier if you have questions regarding any data plan participation. The wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.
7. How are disputes resolved?
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Any dispute or claim arising out of or relating in any way to Church’s Chicken Mobile Alerts will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms & Conditions.
Mandatory, Binding Arbitration. YOU AND CHURCH’S CHICKEN AGREE TO RESOLVE ANY DISPUTE ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR CHURCH’S CHICKEN MOBILE ALERTS, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, BY FINAL AND BINDING, BILATERAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT CHURCH’S CHICKEN AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory.
Arbitration Rules. Unless you and Church’s Chicken otherwise agree in writing, the arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to JAMS Streamlined Arbitration Rules and Procedures (“JAMS Streamlined Rules”), as modified by this agreement, and consistent with JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (“JAMS Consumer Fairness Standards”). Notwithstanding JAMS Streamlined Rule 8(b), you and Church’s Chicken agree that any dispute as to the arbitrability of a claim brought by either you or Church’s Chicken shall be resolved by a court of competent jurisdiction.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury. We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
Actions Conducted Only on Individual Basis. You and Church’s Chicken each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
The Arbitrator’s Decision. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator.
The arbitrator’s decision will follow the terms of these Terms and Conditions, will be final and binding, and will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the claimant’s individual claim. Judgment on the arbitration award may be entered in any court with jurisdiction. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
8. Are there any other terms?
Yes, but just a couple more…
Limitation of Liability. We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Applicable Law. Except as otherwise provided herein, your use of the Church’s Chicken Mobile Alerts is governed by the laws of the State of Georgia.
Severability. If any term in these Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
Changes to these Terms. These Terms and Conditions are subject to change at any time without notice.
Effective Date: January 1, 2018