Text Messaging Terms and Conditions

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Text Messaging Terms and Conditions

Last updated: October 2022

Please read these Text Messaging Terms and Conditions (the “Terms”) carefully. By agreeing to receive text messages from or on behalf of Government Executive Media Group LLC or any of its subsidiaries (collectively “Company”), you agree to be bound by these Terms, the Company’s <<Privacy Policy: link to https://www.govexec.com/about/privacy-policy/ >>, the Company’s <<Terms and Conditions: link to https://www.govexec.com/about/terms-and-conditions/ >> and any other applicable terms related to your use of Company’s services.

PLEASE NOTE: THESE TERMS CONTAIN AN AGREEMENT TO RESOLVE ANY

DISPUTES THROUGH BINDING, INDIVIDUAL-ONLY ARBITRATION WITHOUT JURY

TRIAL AND A CLASS ACTION WAIVER, AS DETAILED IN THE “DISPUTE

RESOLUTION AND ARBITRATION AGREEMENT” SECTION, BELOW.

By using, providing us your telephone number or otherwise agreeing to receive text messages

from or on behalf of the Company, you expressly consent to receive marketing and/or non-

marketing text messages from Company and any and all others texting on Company’s behalf,

including, but not limited to, its service partners, including text messages which may utilize or be

sent using an automated system, an autodialer, an automated system for the selection and/or

dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other

type of systems, softwares, hardwares, or machines (no matter how they may be named or

classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages, at the mobile telephone number associated with your opt-in. You may opt out of these communications at any time, and your consent to receive marketing text messages is not required and is not a condition to purchase any goods or services.

Program Descriptions

As set forth above, Company and/or its service providers and others may use an autodialer and/or related systems to deliver text messages (including, but not limited to, SMS and MMS) to the phone number(s) that you provide. Text messaging may include one-time or recurring texts

related to, but not limited to, the following programs:

  • Marketing and Promotional Programs: By opting into a Company marketing Program, you can expect to receive recurring marketing, promotional, advertising, informational and other similar messages regarding sales, discounts, loyalty programs, reward certificates, abandoned cart reminders, and other offers, in varying frequencies at the mobile telephone number provided when opting in. Service Appointments: You may provide your mobile telephone number to opt in to receive text messages about appointments, services, and/or reminders and updates related to same.
  • Order Tracking and Delivery Alerts: You may provide your mobile telephone number to opt in to receive text messages about your orders, shipments, and/or deliveries, and updates related to same.
     
  • On-Demand Text Message Reply Services: You may send a text requesting certain types of on-demand text message reply services from Company, including but not limited to the following: text to receive a link to sign-up for loyalty programs, text to sign-up for email marketing programs, text to receive a link to save a coupon or similar item to your mobile telephone or digital wallet, text to download the Company Mobile App, or text to receive a link to enter or make entry to a sweepstakes. These text messages are not ongoing recurring Programs and therefore you will only receive the information you specifically request in reply.

How to Opt Out

If you do not wish to continue participating in any Program, or no longer agree to these Terms,

text the applicable Short Code or directly reply to any message received from a Program with

STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out of receiving marketing text

communications at any time. You may receive an additional mobile message confirming your

decision to opt out. You understand that the text message program may not recognize and

respond to unsubscribe requests that contain words or phrases other than those set forth above

and agree that Company and its service providers will have no liability for failing to honor such

Requests.

Message Frequency

Message frequency will vary.

Costs

Message and data rates may apply. Please check with your mobile carrier for details about your

pricing plan and the charges for sending and receiving text messages. You are solely responsible for any costs related to or associated with your receipt of text messages, as set forth more fully in these terms.

Supported Carriers

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T,

Verizon Wireless, Sprint, T-Mobile USA. Minor carriers: Indigo Wireless, MetroPCS, Bluegrass

Cellular, Illinois Valley Cellular, Viaero Wireless, Pine Belt, GCI Communications, Nex Tech

Communications, Shelcomm, Duet Wireless, Inland Cellular, James Valley Cellular (JVC),

Standing Rock Telecom, Cross Wireless, Northwest Missouri Cellular, Alaska Communications

Systems (ACS), Thumb Cellular, Carolina West Wireless, Union Telephone, MTPCS Cellular

One (Cellone Nation), Cordova, Copper Valley Telecom, ASTAC, Rural Independent Network

Alliance (RINA), West Central Wireless, Chat Mobility, SouthernLINC, Panhandle Wireless,

Cellcom, Truphone, Google Voice, United Wireless, bandwidth.com (includes Republic

Wireless), Altice Mobile, Atlantic Tele-Network International (ATNI), Brightlink, Inteliquent,

Aerialink, Blue Wireless, Chariton Valley Cellular, Digital Communications Consulting,

TextMe, Pioneer Cellular, East Kentucky Network (Appalachian Wireless), Limitless Mobile,

Cellular One of N.E. Arizona, Nemont US UMTS, Nemont CDMA, MTA Wireless/Matanuska

Kenai, Pine Cellular, Triangle Wireless, Telnyx, Enflick, C Spire Wireless (aka Cellular

South),Virgin Mobile, Boost Mobile, United States Cellular Corp.

Support

To request more information, text the keyword HELP to the Short Code for the Program about

which you have questions.

In Canada, text “INFO” for contact information of the sender, which is Company Beauty Canada

Inc., and can be reached at 600 de Maisonneuve Boulevard West, Suite 2400, Montréal, Quebec, H3A 3J2, Canada and 1-877-737-4672.

MMS Disclosure

A Program will send SMS (Short Message Service) messages if your mobile device does not

support MMS (Multimedia Messaging Service) messaging.

Access or Delivery to Mobile Network is Not Guaranteed

Text messaging services are offered on an “as-is” basis and may not be available in all areas at

all times and may not continue to work in the event of product, software, coverage or other

changes made by your wireless carrier. Delivery of mobile messages is subject to effective

transmission from your wireless service provider/network operator and is outside of our control.

We are not liable for delayed or undelivered mobile messages.

Participant Device and Service Requirements

You must have a wireless device of your own, capable of 2-way messaging, be using a

participating wireless carrier, and be a wireless service subscriber with text messaging service.

Not all mobile phone providers carry the necessary service to participate. Check your phone

capabilities for specific text messaging instructions.

Eligibility

Children under the age of 16 may not participate in text message communications with the

Company and parents or legal guardians may not agree to these Terms on their behalf. If we

become aware that a child under 16 has provided or attempted to provide us with personal

information, we will use our best efforts to remove the information permanently from our files. If

you are under the age of 18 but at least 16 years of age, you may participate only under the

supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 16 and 18, be advised that you are fully responsible for his or her participation in any Program,

including, without limitation, all legal liability that he or she may incur.

Governing Law

This Agreement shall be governed by the laws of the State of Michigan, without reference to

conflict of laws principles. Any suit to enforce this Agreement, to the extent such suit is excluded

from the binding arbitration agreement set forth herein and below, shall be brought exclusively

in the State and U.S. District Courts located in Michigan and the Parties hereby submit to the

personal jurisdiction of such courts and waive any venue objection.

Miscellaneous

You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or

obligation. The failure of either party to exercise in any respect any right provided for herein will

not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found

to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent

necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of any Program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in any Program after any such changes, you accept these Terms, as modified.

Contact

info@the-atlas.com

Or 

Government Executive Media Group LLC

600 New Hampshire Ave. NW

Suite 510

Washington DC, 20037

Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT

YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY

BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING

MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Company agree to resolve any claims relating

to these Terms, or your receipt of text messages from Company, or anyone sending text

messages on Company’s behalf, including but not limited to, its service providers, through final

and binding arbitration, except that, to the extent you have in any manner violated or threatened

to violate Company’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Company may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to

resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral

arbitrator who has the power to award the same damages and relief that a court can. If any

provision of this arbitration agreement is found unenforceable, the unenforceable provision shall

be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and

enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS.

Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to

and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration

Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this

Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS

Rules and instructions for how to initiate an arbitration are available from JAMS at

http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Company must do the

following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the

amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at

www.jamsadr.com. (2) Send three copies of the Demand for Arbitration, plus the appropriate

filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San

Francisco, CA 94111. (3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules,

except that for claims of less than $1,000, you will be obligated to pay $25 and Company will

pay all other administrative costs and fees. In addition, for claims of less than $1,000, Company

will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this

agreement shall be held in the United States county where you live or work, Michigan, or any

other location we mutually agree to, subject to Michigan 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.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of

you and Company, and the dispute will not be consolidated with any other matters or joined with

any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of

all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the

Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of

decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may

not bring a claim as a plaintiff or a class member in a class, consolidated, or representative

action. Class arbitrations, class actions, private attorney general actions, and consolidation with

other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL

AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A

JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by

arbitration. Arbitration procedures are typically more limited, more efficient and less costly than

rules applicable in court and are subject to very limited review by a court. In the event any

litigation should arise between you and Company in any state or federal court in a suit to vacate

or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS

TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU

ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT

WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by

emailing Company at info@the-atlas.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your

Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this

arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30

days after the date you first accept the Terms of Use by using the website.

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