Subject to the following Terms and Conditions (“Messaging Terms”), you consent to receive recurring, automated, promotional and/or marketing SMS and MMS text messages (“Texts”) from Joybird, including Texts that may be sent using an automatic telephone dialing system. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply, and message frequency may vary. Joybird reserves the right to alter the frequency of Texts sent at any time so as to increase or decrease the total number of sent Texts. Joybird also reserves the right to change the short code or phone number from which Texts are sent.
Not all mobile devices or handsets may be supported, and our Texts may not be deliverable in all areas. Joybird, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered Texts.
We are able to deliver messages to the following mobile phone carriers: ACS Wireless, Aerialink, Aio Wireless, Aliant (Canada), Alltel (Pre-Verizon Merger), Altice Mobile, Appalachian Wireless, ASTAC, AT&T, ATNI, Bandwidth, Bell Mobility (Canada), Bluegrass Wireless, Boost IDEN, Brightlink, Carolina West, CellCom, Cellular One Nation, Cellular One Northeast Arizona, Cellular South, Chariton Valley, Chat Mobility, Claro (Puerto Rico), Copper Valley, Cordova Wireless, Cross Wireless, Digital Communications Consulting, Dobson, Duet, Eastlink Wireless (Canada), Enflick, Fido (Canada), First Point (1st Point), GCI Communications, Google Voice, GTA, Illinois Valley Cellular, IMMIX/Limitless Wireless, Indigo Wireless, Inland Cellular, Inteliquent, International Number, IT&E, James Valley Cellular, Moblicity (Canada), MTS Mobility (Canada), Nemont (Sagebrush PCS), Nextech Wireless, NorthernTel (Canada), Northwestern Missouri Cellular, Open Mobile (Puerto Rico), Panhandle Telecommunications, Pine Belt Cellular, Pine Cellular, Pinger, Pioneer Cellular, Plivo, Public Mobile (Canada), RINA Wireless, Ring Central, Rogers Wireless (Canada), Sagebrush Cellular, SaskTel Mobility (Canada), SouthernLINC, Sprint Nextel (CDMA), Sprint Nextel (IDEN), SSi Micro (Canada), Standing Rock, T-Mobile, Telebec (Canada), Telnyx, Telus Mobility (Canada), Textme, Thumb Cellular, Triangle Mobile, Truphone, TSG Global “Flextalk”, U.S. Cellular, UK Carrier, Unicel, Union Cellular, United Wireless, US Carrier, Verizon Wireless, Viaero Wireless, Videotron (Canada), Virgin Mobile, Virgin Mobile (Canada), Viya, West Central Wireless, Wind Mobile (Canada), Zip Whip.
To stop receiving Texts from Joybird, you may: (a) reply to any Text you receive with the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT; (b) text STOP to 60824; (c) contact us via Joybird.com/contactus; or (d) call 1(888) 282-0842. You may receive one additional message confirming that your request has been processed.
To receive help at any time, text customer service at 1(213) 600-6313, or reply HELP to any text message, in which case you will receive a text back with the following message: "Joybird: Thanks for reaching out. If you need additional help, please reach us at https://joybird.com/contactus or text us at 1-213-600-6313.”
- General. In the interest of resolving disputes between you and Joybird in the most expedient and cost-effective manner, you and Joybird agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Joybird or its service providers 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 arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Joybird or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND JOYBIRD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Joybird to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Joybird will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Joybird. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or Joybird intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Joybird’s address for Notice is: 767 S. Alameda St. Ste 360, Los Angeles, CA 90021, Attn: Director of Marketing - Joybird. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Joybird will make good faith efforts to resolve the claim directly, but if you and Joybird do not reach an agreement to do so within 30 days after the Notice is received, you or Joybird may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Joybird must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
- (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Joybird will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. 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 AAA Rules. In that case, you agree to reimburse Joybird for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA 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 Joybird 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 you or Joybird made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND JOYBIRD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Joybird agree otherwise in a signed writing, 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 Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Joybird makes any future change to this arbitration provision, other than a change to Joybird’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Joybird’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Joybird.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.