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MidwayUSA Text Messaging Program Terms & Conditions
These MidwayUSA Text Messaging Program Terms & Conditions (“Text Messaging Terms”) apply to your participation in the MidwayUSA, Inc. (“MidwayUSA,” “we” or “us”) text messaging program (the “Program”). Your participation in the Program constitutes your express consent to receive automated messages (e.g., SMS and MMS) from MidwayUSA at the mobile number you provided, including text messages that may be sent using an automatic telephone dialing system. By signing up for the Program, you agree to these Text Messaging Terms, including the DISPUTE RESOLUTION AND ARBITRATION AGREEMENT contained herein, and the MidwayUSA Terms of Service, which are incorporated by reference. If you do not agree to these terms, you must immediately discontinue your participation in the Program by following the below cancellation instructions.
The Program may include recurring and nonrecurring text messages related to promotions, products, events, cart reminders, special offers or other MidwayUSA-related news, as well as other information that we think will be of interest to you. Message frequency will vary. MidwayUSA reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. MidwayUSA also reserves the right to change the short code or phone number from which messages are sent. Consent to receive automated text messages is not a condition of any purchase. Message and data rates may apply.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. MidwayUSA, its service providers and the mobile carriers supported by the Program are not liable for delayed or undelivered messages. MidwayUSA is not liable for delayed messages which may be delivered or received after a promotion has ended.
The Program may not be available on all wireless carriers. We are able to deliver messages to the following mobile phone carriers: Verizon Wireless, T-Mobile/Metro PCS, AT&T, Sprint/Boost, Virgin Mobile, U.S. Cellular, Interop, nTelos, C-Spire (Cellular South), Carolina West Wireless, Cellcom, Clearsky. MidwayUSA reserves the right to add or remove eligible mobile phone carriers from the Program from time to time without notice.
You may opt out of the Program at any time. Text the keyword STOP, CANCEL, QUIT, END, UNSUBSCRIBE, OPTOUT, or OPT-OUT to our short code to cancel your participation in the Program. After texting STOP, CANCEL, QUIT, END, UNSUBSCRIBE, OPTOUT, or OPT-OUT to our short code, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not consist of the STOP, CANCEL, QUIT, END, UNSUBSCRIBE, OPTOUT, or OPT-OUT keyword commands and agree that MidwayUSA and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from MidwayUSA through any other programs you have joined until you separately unsubscribe from those programs.
Help & Customer Care
Text the keyword HELP to our short code or contact CS@mwusa.co to receive customer care contact information. If you are experiencing any problems, please contact our customer care team.
For information about MidwayUSA’s privacy practices, please review MidwayUSA’s Privacy Notice.
This message program is a service of MidwayUSA, located at 5875 West Van Horn Tavern Road, Columbia, MO 65203.
Dispute Resolution and Arbitration Agreement
- General. In the interest of resolving disputes between you and MidwayUSA in the most expedient and cost effective manner, and except as described in Paragraph 2 below or to the extent prohibited by applicable law, you and MidwayUSA agree that every dispute arising out of or in any way related to these Text Messaging Terms or your receipt of text messages from MidwayUSA or its service providers (“Disputes”) will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate Disputes includes all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MIDWAYUSA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Despite the provisions of Paragraph 1 above, nothing in these Text Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and MidwayUSA will be settled under the Federal Arbitration Act and administered by the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), which are available on the JAMS website and hereby incorporated by reference as modified by these Text Messaging Terms. The Rules and filing forms are available online at the JAMS website or by contacting MidwayUSA. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. The arbitrator has exclusive authority to resolve any Dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the Dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). MidwayUSA's address for Notice of Arbitration is: MidwayUSA, Inc., ATTN: Customer Service, 5875 West Van Horn Tavern Road, Columbia, MO 65203. The Notice of Arbitration must: (a) describe the nature and basis of the Dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or MidwayUSA may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.
- Fees. You and MidwayUSA agree that for any arbitration you initiate, you will pay the filing fee and MidwayUSA will pay the remaining JAMS fees and costs. For any arbitration initiated by MidwayUSA, MidwayUSA will pay all JAMS fees and costs. You and MidwayUSA agree that the state or federal courts of the State of Missouri and the United States sitting in Kansas City, Missouri have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the Rules. In that case, you agree to reimburse MidwayUSA for all monies previously disbursed by it that are otherwise your obligation to pay under the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and MidwayUSA agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve Disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND MIDWAYUSA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MidwayUSA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Dispute Resolution Section. If MidwayUSA makes any future change to this Dispute Resolution Section, other than a change to MidwayUSA’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to MidwayUSA’s address for Notice of Arbitration, in which case your participation in the Program will be immediately terminated and this Dispute Resolution Section, as in effect immediately prior to the changes you rejected, will survive.
- Enforceability. If Paragraph 6 above is found to be unenforceable or if the entirety of this Dispute Resolution Section is found to be unenforceable, then the entirety of this Dispute Resolution Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 20 of the MidwayUSA Terms of Service will govern any action arising out of or related to these Text Messaging Terms.
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