SMS MARKETING TERMS AND CONDITIONS FOR CUSTOMERS



Updated: December 27th, 2018



IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ENROLLING IN AN SMS MARKETING CAMPAIGN BY AN EVENT ORGANIZER YOU ARE PURCHASING TICKETS FROM. THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES ARE RESOLVED.


By providing your mobile telephone number to the event organizer you are purchasing tickets from, you agree that that event organizer may send to your mobile telephone number recurring autodialed messages. Message and data rates may apply. For help, contact the event organizer directly. Although Purplepass is not responsible for the creation or content of the SMS messages, we may be able to assist in contact the event organizer and can be reached by calling 1-800-316-8559 pressing option 2 for customer support.


For help, reply HELP to any text message you receive.

To quit, reply STOP to any text message you receive.


If you sign-up for SMS marketing lists from additional event organizers, you may receive additional messages in connection with said event organizers. Participation is not a condition of purchase. The program may not be available on all mobile carriers. T-Mobile is not liable for delayed or undelivered messages.


Visit https://www.purplepass.com/#mm=privacy for Privacy Policy.


In the event that you change or deactivate your mobile number it is your responsibility to cancel your subscription by texting “STOP” to any message you have received. Alternatively, you can notify Purplepass by calling 1-800-316-8559 or emailing support@purplepass.com to have your number removed.


Each event organizer reserves the right to alter message frequency at any time i.e. they may change the frequency of texts that you receive under this program. You will notify you via text if there is a change to the frequency, providing you with the opportunity to opt out.


All SMS messages you received are created, scheduled, and sent directly by the event organizers you have purchased tickets from. Purplepass is not responsible for the creation, scheduling, or content of any SMS message you receive. You understand and accept that any and all disputes arising from your SMS marketing subscriptions with event organizers you’ve purchased tickets from will be handled directly between you and said event organizer. You agree to hold Purplepass harmless against any claims or demands related to any SMS messages you received from an event organizer you subscribed to.


ARBITRATION AND CLASS ACTION WAIVER (Please read this carefully. It affects your rights)


Should any dispute or claim arise relating in any way to your use of Purplepass 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 Purplepass or Purplepass’ employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Purplepass 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 Purplepass 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 JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS 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 JAMS 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 PURPLEPASS 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 JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND PURPLEPASS 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 JAMS Rules. Arbitration under this agreement shall be held in Orange County, California. 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 Purplepass at support@purplepass.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 Purplepass 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.

Changes to Additional Contract Terms

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 attorney’s 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 California.

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 Purplepass without notice.