Last Updated: April 23, 2021
These Mobile Messaging Terms (the “Mobile Terms”) set forth the terms upon which Arccos Golf LLC ("Arccos Golf", "we", "us" or "our") delivers, and you agree to receive, SMS/MMS messages (“Text Messages”) from us (the “Service”).
These Mobile Terms contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read them carefully.
These Mobile Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
By registering to receive Text Messages from us, you accept and agree to be bound and abide by these Mobile Terms. Acceptance of these Mobile Terms creates a binding, legal agreement between you and Arccos Golf. If you do not agree with these Mobile Terms, contact us immediately as set forth below to discontinue the Service.
We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with Text Messages imposed by your wireless provider. Message and data rates may apply.
Text Messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing Text Messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from us via Text Messages through your wireless provider to the mobile telephone number you provided to us when you registered for the Service. Message frequency varies. Text the single keyword command STOP to +1-844-240-0391 to cancel at any time. You'll receive a one-time opt-out confirmation text message. For Service support or assistance, email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile telephone number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, but not limited to, notifying us immediately if you change your mobile telephone number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
All matters relating to these Mobile Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) (collectively “Claims”), shall be governed by and construed in accordance with the internal laws of the State of Delaware, USA, without giving effect to any choice or conflict of law provision or rule. Subject to the following paragraph, all Claims shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, USA, in each case with jurisdiction over Wilmington, Delaware, although we retain the right to bring any Claim against you in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you have questions about these Mobile Terms, please contact us at:
700 Canal Street, 2nd Floor
Stamford, Connecticut 06902