Little Sunshine’s Playhouse & Preschool® (“LSP” “we” “our” “us”) offers a mobile messaging program consisting of SMS Text Marketing alerts (the “Program”). LSP’s Program is intended to provide you with information about our childcare services, upcoming events, and/or special promotions. By enrolling in the Program, which you agree to use and participate in subject to these SMS Text Marketing Terms and Conditions (the “Agreement”). By opting in to or participating in our Program, you accept and agree to these Terms and Conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and LSP in other contexts. You can view our privacy policy by visiting: https://littlesunshine.com/privacy-policy/
IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ENROLLING IN THE LSP MOBILE ALERTS. BY PARTICIPATING IN ANY OF LSP’S MOBILE ALERT PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE TERMS AND CONDITIONS AS WELL AS LSP’S TERMS OF USE AND PRIVACY POLICY. FURTHERMORE, THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH LSP ARE RESOLVED.
User Opt In: The Program allows subscribers to receive SMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrolment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from LSP. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
Eligibility: To receive LSP text messages, you must be a resident of the United States and 18 years of age or older. LSP reserves the right to require you to prove that you are at least 18 years of age.
User Opt-Out: If you do not wish to continue participating in the Program, or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from LSP in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of LSP’s employees to remove you from LSP’s list, is not a reasonable means of opting out.
Reservation of Rights: Additionally, LSP reserves the right to alter message frequency at any time; i.e., we may change the frequency of texts that you receive under these alert programs. We will notify you via text if we change the frequency and provide you with the opportunity to opt-out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to LSP’s mobile alerts, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt-out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying LSP of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by LSP, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of LSP’s mobile alert programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD LSP HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY LSP OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM LSP ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Limitation of Liability: To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages, or attorneys’ fees.
Applicable Law: Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Missouri.
Severability: If any term of this agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.
Changes to Terms: These terms and conditions are subject to change at any time by LSP without notice.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights.
Any dispute or claim relating in any way to your use of LSP will be resolved by binding arbitration, rather than court. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and LSP or LSP’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or LSP may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and LSP hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in Missouri, without regard to its conflict of laws rules. However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LSP ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND LSP AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Missouri, or any other location we mutually agree to, subject to Missouri law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing LSP at legal@littlesunshine.com and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Arbitration and Class Action Waiver provision for the LSP SMS Terms & Conditions, and (5) clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these Terms and Conditions.