Individuals who opt in to the Primrose School Franchising Text Message Program (“Program”) may receive recurring, autodialed SMS and MMS text messages (“Texts”) that may include information about franchising opportunities, promotional offerings, and other content sent by Primrose School Franchising SPE, LLC (“Primrose,” “we,” “our,” “us”). By signing up to receive Texts, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, and our Privacy Policy, please do not sign up to receive Texts.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING PRIMROSE’S LIABILITY AND REQUIRING MANDATORY ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS TO RESOLVE DISPUTES.
General Information
By enrolling to receive Texts, you certify that (1) you are the age of majority in the jurisdiction in which you reside, (2) you are the account holder of the mobile number you are enrolling (or you have the account holder’s permission to enroll the number), and (3) you agree to the practices described in these Terms and in our Privacy Policy.
Primrose does not charge you for Texts, however, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier to receive Texts. The number of Texts you receive may vary depending on your interactions with us.
You agree to maintain accurate, complete, and up-to-date information with us, including by emailing us immediately at privacy@primroseschools.com if you cease being the account holder or no longer have the account holder’s permission to receive Texts at the mobile number you enrolled to receive Texts.
Consent to receive marketing Texts is not required as a condition of purchasing any goods or services.
Autodialer or non-autodialer technology may be used to send the Texts described above to the mobile phone number you enroll. By signing up to receive Texts, you agree to receive Texts via autodialer technology.
You consent to the use of electronic record-keeping to document your consent to receive Texts.
To stop receiving Texts, simply respond by texting “STOP” to any Text(s) you have received. Consumers may receive one additional message confirming opt-out. You can also text “HELP” if you need assistance.
Primrose does not guarantee availability or performance of text messaging services and is not responsible for delays related to the transmission of Texts or for undelivered Texts.
Compatible Mobile Carriers
Texts may not be available in all areas or supported by all carriers or all devices. Supported carriers include: AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, MetroPCS, and other regional carriers. We may add or remove any wireless carriers from the Program at any time without notice. Check with your carrier for details. Carriers are not liable for delayed or undelivered messages.
Dispute Resolution
In the unlikely event that a disagreement arises between you and Primrose related to these Terms and/or the Program, please first contact Primrose directly as indicated below so that both parties may work in good faith to find a mutually agreeable solution.
If the issue cannot be resolved within sixty (60) days, you and Primrose agree to resolve the disagreement as follows:
Arbitration
Except for actions subject to the exclusions below or to enforce a final judgment or arbitral award, the parties agree that any and all disputes between them arising out of or related to these Terms and/or the Program shall be determined solely and exclusively by arbitration in accordance with the rules established by the American Arbitration Association or any successor thereof (“AAA”).
For matters not addressed virtually or on the papers, arbitration shall take place at an office of the AAA in Atlanta, Georgia. The arbitrators shall not have the right to alter the locale of the arbitration. The parties shall bear equally the cost of the arbitration. All decisions of the arbitrator shall be final and binding on both parties. Judgment on any arbitration award may be entered in any court of competent jurisdiction.
Exclusions from Arbitration
Notwithstanding the above, you or Primrose may choose to pursue a dispute in court and not in arbitration if the dispute qualifies for resolution in small claims court or seeks solely injunctive relief. Any such dispute brought by you or Primrose in court shall be filed in the state or federal courts located in Atlanta, Georgia, and you consent and agree to the personal jurisdiction and venue of these courts. Such cases shall be resolved by a judge rather than a jury, and each party irrevocably and unconditionally waives any right we or you may have to a trial by jury.
No Class-Wide Claims
You agree that, to the maximum extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or related to these Terms and/or the Program will be resolved on an individual basis, without resort to any form of class action or mass action. Notwithstanding the foregoing, the AAA’s Mass Arbitration Supplementary Rules shall apply to claims between the parties that meet the thresholds for applicability of those Rules. This provision shall not be construed as a waiver of your right to seek public injunctive relief as provided under California law to the extent such right may otherwise be available to you.
Time Limitation
You agree to bring any and all claims against Primrose arising out of or related to these Terms and/or the Program within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.
Governing Law
Any disputes arising out of or related to these Terms and/or the Program shall be governed by the laws of the United States and the State of Georgia, without regard to choice-of-law rules and without regard to conflicts-of-laws principles.
Conflicts
To the extent there exists any conflict between these Terms and any other agreement between you and Primrose, these Terms shall control with respect to the Program.