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SMS Terms and Conditions

PresenceLearning, Inc., its affiliates, and service providers (collectively “PL”), has been contracted by your child’s school to provide special education related services to your child. PL may need to send text messages on behalf of your child’s school to provide scheduled appointments reminders or other service-related purposes.

BY CHOOSING TO PARTICIPATE IN THIS APPOINTMENT REMINDER TEXT PROGRAM (“TEXT PROGRAM”) YOU ACCEPT THE TERMS AND CONDITIONS PRESENTED HERE, AND ADDITIONALLY YOU AGREE TO RESOLVE DISPUTES WITH PL THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, ALL AS DETAILED IN THE DISPUTES SECTION BELOW.


OPT-IN:

When you gave PL your mobile number and email address to enroll in the Text Program, you were sent an email with instruction to enroll. Once you opted into the Text Program, you agreed to join and take part of the Text Program and agreed to receive one or more texts from PL. When you Opt-In, you expressly consent to receive, and authorize PL to deliver, or cause to be delivered, SMS/texts to your mobile phone. Please check with your wireless carrier for information about your mobile service plan and any possible charges related to your receipt of SMS/text messages. PL will not reimburse you for any charges associated with the sending or receiving of SMS/text messages.

You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt-In to the Text Program.


UPDATING MOBILE NUMBER:

If at any point you change or obtain a new phone number, or if you no longer maintain the phone number you originally provided to us, you agree to notify PL immediately of such change by completing a new consent form.

If you no longer have access to the phone number you used to Opt-In to the Text Program, you agree to notify PL immediately of such change via email to privacy@presencelearning.com. You agree to indemnify and hold PL, its officers, agents, and employees harmless from any liability, loss or damage, including but not limited to, attorney’s fees, they may suffer as a result of claims, demands, costs, or judgments against them arising out of alleged violations of the Telephone Consumer Protection Act or similar laws, resulting from SMS/Text and voice calls placed to an incorrect or reassigned phone number(s), originally belonging to you or which you provided to PL, but of which you failed to timely notify the PL that such number(s) was incorrect or no longer assigned to you.


OPT-OUT:

To discontinue receiving SMS/text messages, reply “STOP” to the latest text you received. You can Opt-Out at any time. You will receive one final confirmation SMS/text message from PL stating that you will no longer receive SMS/text messages.


DISPUTES:

Any dispute or claim arising out of or relating in any way to the Text Program will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.

We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.

We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.


APPLICABLE LAW:

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF NEW YORK), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TEXT (SMS) TERMS & CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST PRESENCELEARNING ARISING OUT OF OR RELATING IN ANY WAY TO ANY PRESENCELEARNING TEXT MESSAGE SERVICE.


UNDELIVERED MESSAGES:

PL is not liable for delayed or undelivered messages.

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