SOFA DESIGN GALLERY ORDER AND DELIVERY TEXT MESSAGING TERMS & CONDITIONS
Read these Terms and Conditions (this "Agreement") for important information about our text alert services ("SDG text alerts"). THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
Restoration Hardware, Inc. or one or more of its affiliates (SDG) may offer access to messages pertaining to your orders and product delivery service through SDG or its third party vendors via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts. Enrollment in text alerts requires a customer to provide his or her own mobile phone number with an area code within the 50 United States or the District of Columbia. By enrolling to receive SDG text alerts, you agree to these terms and conditions, which become effective upon your enrollment.
You acknowledge that text alerts will be sent to the mobile phone number you provide to SDG. Such alerts may include limited personal information about your orders and/or product delivery, and whoever has access to the mobile phone or carrier account will also be able to see this information. Once you enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when we have information for you about your product delivery or other information regarding your product purchase. SDG does not impose a separate charge for text alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
You may opt out of SDG order and delivery service text alerts at any time. To stop receiving order and delivery service text alerts, Contact us.
The SDG text alert programs are offered on an "as is" basis and: (1) may not be available in all areas or through all wireless carriers at any or all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. SDG may change or discontinue any of its text alert programs without notice or liability to you. SDG and its related companies and each of their respective officers, directors, employees and consultants are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any SDG text alert program or from technical failures or delays of any kind. SDG reserves the right to cease delivery of text alerts to any person at any time in its sole discretion. The wireless carriers are not liable for any delayed or undelivered text alerts.
: EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND SDG, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT SDG AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online here. 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 the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement 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.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.