The AquaTru mobile message program (the “Program“) is operated by Aqua Tru, LLC (“AquaTru,” “we", or "us”). Your use of the Program constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Program or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes. PLEASE READ THE DISPUTE SECTION BELOW AS IT WILL IMPACT YOUR LEGAL RIGHTS IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM.
By consenting to the Program, you agree to receive recurring
SMS/text messages with service- related and promotional messages,
including promotions, specials, and other marketing offers (e.g.,
cart reminders) from and on behalf of AquaTru via text messages
through your wireless provider to the mobile number you provided,
even if your mobile number is registered on any state or federal Do
Not Call list. Text messages may be sent using an automatic
telephone dialing system or other automated technology.
You understand that you do not have to sign up for this Program in
order to make any purchase, and your consent is not a condition of any
purchase with AquaTru. Your participation in this Program is
completely voluntary. You agree to provide us with a valid mobile
number and represent that you are at least 18 years of age and have
the ability to authorize SMS messages to be sent to the phone number
provided.
We do not charge for the Program, but you are responsible for all
charges and fees associated with text messaging imposed by your
wireless provider. Message frequency varies. Message and data rates
may apply from your wireless provider. Check your mobile plan and
contact your wireless provider for details. You are solely responsible
for all charges related to receiving and sending SMS/text messages,
including charges from your wireless provider.
If you opt into the Program, you will receive marketing and promotional messages including cart reminders. If you opt into Updates messages, you will receive order updates, account alerts, and other information related to your account and your purchase. You may opt-out of any particular Program at any time by texting the single keyword command STOP to (833) 960-0662. Any other response intended to be an opt-out may not be honored by us as an opt-out. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you would like to opt in to receive text messages again, just sign up as you did the first time, and we will start sending text messages to you again. If you have subscribed to other AquaTru mobile message programs and wish to unsubscribe, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Program support or assistance, text HELP to (833) 960-0662 or email cs@aquatruwater.com.
We may change any short code or telephone number we use to operate the
Program 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 Program are not liable for
delayed or undelivered messages. You agree to provide us with a valid
mobile number. If you get a new mobile number, you will need to sign
up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not
be liable for failed, delayed, or misdirected delivery of any
information sent through the Program, any errors in such information,
and/or any action you may or may not take in reliance on the
information or Program.
If you would like help with the text messaging service, you can either text “HELP" cs@aquatruwater.com
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
DISPUTES
IN THE UNLIKELY EVENT OF A DISPUTE IN CONNECTION WITH THE PROGRAM, WE
HAVE ESTABLISHED THE FOLLOWING RESOLUTION PROCESS. BY SIGNING UP FOR A
PROGRAM, YOU AGREE TO UTILIZE THIS PROCESS TO RESOLVE ANY DISPUTE YOU
MAY HAVE WITH US IN CONNECTION WITH THE PROGRAM. IF YOU DON’T AGREE TO
THIS PROCESS, YOU MAY NOT ENROLL IN THE PROGRAM AND IF YOU ARE
CURRENTLY IN THE PROGRAM, YOU MUST IMMEDIATELY OPT-OUT.
THIS PROCESS AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT
DISPUTES BETWEEN YOU AND US MUST BE RESOLVED THROUGH INDIVIDUAL
BINDING ARBITRATION AND NOT IN COURT. THIS MEANS A DISPUTE BETWEEN US
WILL BE HEARD AND RESOLVED BY A SINGLE ARBITRATOR AND NOT BY A JUDGE
OR JURY. IT ALSO PROVIDES THAT ANY DISPUTE CANNOT BE RESOLVED IN A
CLASS ACTION OR OTHER PROCEEDING WHERE YOU REPRESENT OTHER PERSONS OR
OTHER PERSONS REPRESENT YOU, AND THAT NO CLASS OR REPRESENTATIVE
ARBITRATIONS ARE PERMITTED.
All arbitrations under this section shall be conducted on an
individual (and not a class-wide) basis, and an arbitrator shall have
no authority to award class-wide relief. You acknowledge and agree
that this process specifically prohibits you and us from commencing
arbitration proceedings as a representative of others or joining in
any arbitration proceedings brought by any other person. The parties
agree that no class or representative actions of any type are
permitted.
INFORMAL DISPUTE RESOLUTION
Before instituting an arbitration as described in this section, we both agree to settle any dispute informally by contacting the other party and working in good faith to resolve the dispute. You can contact us by calling (800) 220-6570 emailing us at cs@aquatruwater.com . We will contact you using whatever contact information we have for you in our files. Only if we are unable to resolve the dispute amicably through this informal process within 60 days of notice to the other party, a party may initiate an arbitration proceeding as described below. FOR THE AVOIDANCE OF DOUBT, WE BOTH AGREE TO ATTEMPT TO RESOLVE ANY DISPUTE IN CONNECTION WITH THE PROGRAM AMICABLY AND IN GOOD FAITH BEFORE COMMENCING AN ARBITRATION PROCEEDING.
ARBITRATION PROCESS
The arbitration of any claim or dispute (“Claim”) under this section shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the date you signed up for a Program at issue, including Rules 16.1 and 16.2 of those Rules. These rules and procedures are available by calling JAMS or by visiting its web site at www.jamsadr.com.
The arbitration of any Claim under this section shall be conducted
by an arbitrator who has at least five years of experience
conducting arbitrations. The arbitration of any Claim shall be
conducted in the State of California or the location where you
signed up for the Program at issue. For Claims of $10,000 or less,
you may choose whether the arbitration proceeds in person, by
telephone, or based only on submissions. For viable and good faith
Claims in excess of $50,000, we shall pay costs for the arbitration
of claims, including any JAMS Case Management Fee and all
professional fees for the arbitrator’s services. We shall pay the
fees and costs of our own counsel, experts and witnesses and shall
not be able to recoup them from you even if you do not prevail in
the arbitration. Unless otherwise provided by law, you acknowledge
and agree that you shall pay the fees and costs of your own counsel,
experts and witnesses.
CHOICE OF LAW
Any arbitration commenced under this section shall be governed by
the Federal Arbitration Act (9 U.S.C. Secs. 1-16). In this respect,
the parties acknowledge that the Program involves a transaction
conducted in interstate commerce. Otherwise, these terms and the
rights of the parties hereunder shall be governed by and construed
in accordance with the laws of the State of California, exclusive of
conflict or choice of law rules.
SEVERABILITY
If any provision of this arbitration section is declared or found to
be unlawful, unenforceable or void, such provision will be
ineffective only to the extent that it is found unlawful,
unenforceable or void, and the remainder of the provision and
section and all other provisions shall remain fully enforceable.
Questions? Please contact us via email cs@aquatruwater.com
