ALP Pouches Inc. Messaging Terms & Conditions
By opting into the messaging program, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS and MMS) from ALP Pouches Inc., including messages sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. The messaging program may include shopping cart reminders and other promotional content. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary and may include up to 15 messages per month, unless otherwise specified during opt-in. ALP Pouches Inc. reserves the right to alter the frequency of messages sent at any time, which may increase or decrease the total number of sent messages. ALP Pouches Inc. also reserves the right to change the short code or phone number from which messages are sent, and we will notify you when such changes occur.
Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. ALP Pouches Inc., its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages. Carriers are not liable for delayed or undelivered messages.
You also agree to our ALP Pouches Inc. Terms of Use and ALP Pouches Inc. Privacy Policy,
available at https://www.emotiveio.com/pp-alp-pouches.
Supported Mobile Carriers
We are able to deliver messages to the following mobile phone carriers:
Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
Minor Carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our shortcode to cancel. After sending any of these keywords, you will receive one additional message confirming that your request has been processed.
Please note: Our text message platform may not recognize and respond to unsubscribe requests that do not include the specified keywords. ALP Pouches Inc. and its service providers are not liable for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive messages from other programs you have joined until you unsubscribe from them individually.
Help
Text the keyword HELP to our shortcode for customer care contact information.
You can also contact us at: tickets@alppouchesinc.com
Dispute Resolution
General
In the interest of resolving disputes between you and ALP Pouches Inc. in the most expedient and cost-effective manner, both parties agree that any dispute arising from or related to these Messaging Terms or your receipt of text messages from ALP Pouches Inc. or its service providers will be resolved through binding arbitration. Arbitration is less formal than a lawsuit and involves a neutral arbitrator instead of a judge or jury. It may allow for more limited discovery and is subject to very limited judicial review. Arbitrators can award the same damages and relief as a court.
This agreement to arbitrate includes all claims arising from or related to these Messaging Terms, regardless of the legal theory, and applies to claims arising before, during, or after participation in the messaging program.
BY AGREEING TO THESE MESSAGING TERMS, YOU AND ALP POUCHES INC. WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. THESE MESSAGING TERMS ARE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions
This arbitration agreement does not preclude you or ALP Pouches Inc. from:
Bringing an individual action in small claims court.
Pursuing enforcement action through applicable federal, state, or local agencies.
Seeking injunctive relief in aid of arbitration from a court of competent jurisdiction.
Filing a lawsuit in court to address intellectual property infringement claims.
Arbitration Process
Arbitrator: Disputes will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures of the American Arbitration Association (AAA). The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
Notice: Before initiating arbitration, the party seeking arbitration must send a written notice of the dispute via U.S. Mail to ALP Pouches Inc. at: 10 NW 10th Ave, Portland, Oregon 97209, Attn: Chief Executive Officer. The notice must include:
A description of the nature and basis of the dispute.
The specific relief sought.
Fees: ALP Pouches Inc. will reimburse arbitration filing fees for claims under $15,000 unless deemed frivolous by the arbitrator.
No Class Actions
YOU AND ALP POUCHES INC. AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
Modifications
If ALP Pouches Inc. makes changes to this arbitration provision, you may reject those changes by notifying ALP Pouches Inc. in writing within 30 days.
Enforceability
If any provision of these Messaging Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.