PLEASE NOTE: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE CLAUSE AND WAIVER AFFECT HOW DISPUTES WITH THE CHILDREN'S PLACE ARE RESOLVED. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY THESE PROVISIONS. PLEASE READ THEM CAREFULLY.
These Terms and Conditions (“SMS Terms”) govern your participation in The Children’s Place SMS program (the “Program”).
You must be a legal resident of the United States, District of Columbia, Puerto Rico, or Canada (excluding Quebec) and at least the age of majority in your jurisdiction of residence to participate in the Program. By participating in The Children’s Place Program you are agreeing to receive recurring autodialed marketing text messages from The Children’s Place with offers and information on new arrivals, events, and more sent to the mobile number that you provided at opt-in or from which you sent your opt-in text message. Consent is not a condition of purchase. Standard message & data rates may apply. In the event that you change or deactivate your mobile number it is your responsibility to opt-out of the Program (as set forth below) or to notify The Children’s Place at 1-877-752-2387 to have your number removed. The Children’s Place or its service provider will not be liable for delayed or undelivered messages.
Canadian residents: If you would like to be removed from The Children’s Place mobile program and opt out of receiving marketing text messages from The Children’s Place, you can reach out to Customer Service to have your number removed or text STOP to 89007 to opt out. After texting STOP to 89007 you will receive one additional message confirming that your request has been processed, unless you later choose to opt back into the Program.
There is no additional charge for participating in the Program. However, Standard Message and Data rates may apply. Check with your carrier for the details of your plan.
U.S. and Puerto Rico residents: Mandatory Arbitration and Class Action Waiver PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
To the fullest extent permitted by applicable law, any and all controversies, disputes, demands, counts, claims, or causes of action (“claim”) (including but not limited to any claim relating to your participation in the SMS Program as well as the interpretation and scope of this clause, and the arbitrability of any claim) between you and The Children’s Place shall exclusively be settled through binding and confidential arbitration, except that you or The Children’s Place may take claims to small claims court if the dispute qualifies for hearing by such a court.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE CHILDREN’S PLACE EACH WAIVE THE RIGHT TO SUE IN COURT, INCLUDING THE RIGHT TO RECEIVE A TRIAL BY JURY OR 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. THE ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION AND THE ARBITRATOR SHALL NOT AWARD CLASS-WIDE RELIEF.
The arbitration shall be conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available at its website at http://jamsadr.com/rules-streamlined-arbitration . The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards or by calling 1-800-352-5267.
You and The Children’s Place agree to abide by these rules: (a) THE ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION AND THE ARBITRATOR SHALL NOT AWARD CLASS-WIDE RELIEF; (b) The Children’s Place will pay its arbitration costs as required by JAMS Rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, The Children’s Place will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding any of the foregoing, nothing in these SMS Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
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.
These Mobile Terms and Conditions are subject to change at any time without notice.