FLEET FEET SMS TERMS AND CONDITIONS (US-BASED TEXT MESSAGING PROGRAMS)

IMPORTANT! PLEASE READ THESE FLEET FEET SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY TEXT MESSAGING PROGRAM BY FLEET FEET, INCORPORATED OR Its parent, subsidiaries, affiliates, licensees, and FRANCHISEES (collectively and individually “FLEET FEET” OR “WE” OR “US”). BY SIGNING UP FOR ONE OR MORE OF FLEET FEET’S TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE FLEET FEET SMS TERMS AND CONDITIONS. FURTHERMORE, THESE FLEET FEET SMS TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH FLEET FEET ARE RESOLVED.

By signing up for one or more Fleet Feet text messaging programs (“Program”), you expressly consent to receive marketing or non-marketing text messages, as applicable, from Fleet Feet and others texting on its behalf, at the telephone number(s) that you provide. By participating in the Program, you agree to receive autodialed or prerecorded marketing text messages at the telephone number provided by you and associated with your opt-in. While you consent to receive messages sent using an auto-dialer, the foregoing shall not be interpreted to suggest or imply that any or all text messages are sent using an automatic telephone dialing system (“ATDS” or “auto-dialer”). The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. You may opt-out of these communications at any time. Consent to receive text messages is not a condition of any purchase.

Program Description

Fleet Feet text messages are intended to provide you with marketing and promotional information regarding Fleet Feet products and services (e.g., events and promotions offered by Fleet Feet). We may also provide you with transaction-related information including shopping cart reminders.

Message Frequency

The number of Fleet Feet text messages that you receive will vary depending on which Fleet Feet text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs.

Cost

Message and data rates may apply to each text message sent or received in connection with Fleet Feet text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Fleet Feet does not impose a separate fee for sending Fleet Feet text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.

How to Opt-In

To opt-in to receive text messages from a Fleet Feet text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial text message (e.g., Y or Yes).

How to Opt-Out

To stop receiving text messages from a specific Fleet Feet text messaging program, text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit number from which its text messages are being sent). You acknowledge that you may then receive one (1) final message from Fleet Feet confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with that five-digit short code. You will remain opted in to other Fleet Feet text messaging programs.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Access or Delivery to Mobile Network is Not Guaranteed

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Fleet Feet’s control. It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.

To participate in the Program, you must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Fleet Feet’s control, and Fleet Feet is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).

You acknowledge and agree to not send any prohibited content while engaged with or using the Program. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by law; and
• Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

Supported Carriers

The 61319 short code we use for the Program is supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and the particular Program you join, including those operated through a different number, may be limited to specific carriers. Fleet Feet and the mobile carriers (for example, T-Mobile®) are not liable for delayed or undelivered messages.

Support/Help

To request more information, text HELP to the five-digit short code for the text messaging program about which you have questions (i.e., the five-digit number from which its text messages are being sent). You may also receive help by contacting Fleet Feet Customer Care at 1-855-213-4301.

Eligibility

You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are a resident of the United States and are permitted by your jurisdiction’s applicable law to use or engage with the Program. Fleet Feet reserves the right to require you to prove that you comply with the above age restrictions.

Changes to SMS Terms and Conditions

Fleet Feet may revise, modify, or amend these Fleet Feet SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Fleet Feet’s website [(fleetfeet.com/sms-terms-and-conditions)]. You agree to review these Fleet Feet SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Fleet Feet text messages will indicate your acceptance of those changes.

Termination of Text Messaging

We may suspend or terminate your receipt of Fleet Feet text messages if we believe you are in breach of these Fleet Feet SMS Terms and Conditions. Your receipt of Fleet Feet text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Fleet Feet reserves the right to modify or discontinue, temporarily or permanently, all or any part of Fleet Feet text messages, with or without notice.

Privacy

Your privacy is important to us. Please see fleetfeet.com/privacy-policy to review our privacy statement.

Dispute Resolution, Class Action Waiver and Waiver of Jury Trial

All matters relating to the Program, these terms, any separate agreements between you and Fleet Feet, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction) and must be brought exclusively in a court having jurisdiction for Raleigh, North Carolina. You consent to the exercise of exclusive jurisdiction by Fleet Feet and exclusive venue in such courts. Any claim brought by you in connection with the Program may not and will not be made the subject of a class action. To the fullest extent allowable by applicable law, you and Fleet Feet waive the right to a jury trial.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, Fleet Feet (including Fleet Feet, Incorporated, and its parent, subsidiaries, affiliates, licensees, and franchisees) and the respective officers, directors, employees, agents, successors, or assigns of Fleet Feet are not responsible and will not be liable for any damages of any nature, including without limitation any direct, indirect, 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 this service under this agreement is governed by the laws of the State of North Carolina.

Severability

If any term of these Fleet Feet SMS 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.