IDEAL INDUSTRIES, INC. (“IDEAL,” “We,” “Us” or “Our”) is offering a text messaging program, where IDEAL or its service providers may deliver text messages to provide you with marketing and promotional information regarding IDEAL products, services or promotions (“Program”). PLEASE READ THESE SMS TERMS AND CONDITIONS BEFORE SIGNING UP OR OPTING IN FOR THE PROGRAM. By opting in to our Program, you expressly consent to receive marketing, transactional or informative text messages sent from or on behalf of IDEAL at the telephone number you provide us using automatic technology and you agree to abide by and be bound to these Terms and Conditions, including without your agreement to resolve any disputes with us through binding arbitration, as detailed in the Dispute Resolution Section below, which affect your rights. You also agree to IDEAL’s Terms of Use and Privacy Policy, which are incorporated by reference and available at https://www.idealind.com/us/en/terms-of-use.html and https://www.idealind.com/us/en/privacy-policy.html. Consent to receive tests is not a condition of purchasing any goods or services. You may opt-out of these communications at any time.
We respect your privacy and we will only use information that you provide to transmit text messages or respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies and other vendors who assist us in the delivery of text messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE ANY PHONE NUMBER(S) OR CUSTOMER INFORMAITON YOU PROVIDE TO ANY THIRD PARTY. However, IDEAL reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability or to protect IDEAL’s rights. When you provide IDEAL information in connection with its Program, you agree to provide accurate, complete and true information. You agree not to use false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, IDEAL may refuse you access to its Program and pursue any appropriate legal remedies. IDEAL reserves the right to suspend or terminate the Program at any time with or without notice.
CALFORNIA RESIDENTS: California Civil Code Section 1798.89 allows users of the SMS Program that are California residents to request certain information regarding our disclosure of the information you provide to third parties for their direct marketing services. To make such a request, please contact us at: contactus@idealindustries.com.
OPT-OUT: If you wish to discontinue receiving text messages or no longer agree to these Terms and Conditions, you agree to reply STOP to the text message to opt out of the Program. We may send one last text message confirming your decision to opt out. You understand and agree that opt-outs must be submitted in accordance with these instructions. Any other method of opting out, including texting words other that those set forth above or verbally requesting one of our employees to remove you from our list, is not an acceptable method of opting out.
COST AND FREQUENCY: Message and data rates may apply when sending or receiving text messages. Please consult with your carrier if you have any question about your plan and costs. The Program involves recurring text messages, and additional messages may be sent periodically based on your interaction with IDEAL, therefore message frequency varies.
FOR SUPPORT: For support regarding this Program, please call 815-895-5181 or emails us at contactus@idealindustries.com. Please note that the use of this contact information is not an acceptable method of opting out.
DISCLAIMER: The Program is 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 charges made by your wireless carrier. IDEAL will not be liable for any delayed or undelivered text messages connected with this Program. Delivery of text messages is subject to effective transmission from your wireless service provider and is outside of IDEAL’s control.
PARTICIPATION REQUIREMENTS: You may not use the Program if you are under eighteen (18) years of age. By using the Program, you acknowledge and agree that you are not under the age of eighteen (18) and that you are permitted by your jurisdiction’s applicable law to use the Program. IDEAL reserves the right to require proof of age.
REPRESENTATIONS: You warrant that you are at least 18 years of age and that you are the current account holder or authorized user of the phone number you provided. You agree not to initiate messages to the mobile phone of any other person or entity without authorization. If you change, forfeit, or deactivate the phone number you have provided to IDEAL, you agree to notify IDEAL immediately. You agree to indemnify IDEAL in full for all claims, expenses and damages related to or caused in whole or in part by your failure to notify us if you change your phone number including without limitation claims, damages and expenses arising under the Telephone Consumer Protection Act (TCPA).
REVISIONS TO TERMS AND CONDITIONS: We reserve the right to revise these SMS Terms and Conditions at any time, and changes will take effect when posted to IDEAL’s website at https://www.idealind.com/us/en/sms-terms-and-conditions.html. You acknowledge your responsibility to review these Terms and Conditions from time to time and to be aware of any such changes. Your continued participation in the Program after such changes, will be construed as an acceptance of the modified Terms and Conditions.
DISPUTE RESOLUTION/ARBITRATION AND CLASS ACTION WAIVER: Any disputes, demands, claims, causes of action, or controversies (“Disputes”) between you and IDEAL, IDEAL’s employees, agents, successors or assigns, or between you and a third-party service provider acting on IDEAL’s behalf to transmit text messages within the scope of the Program will be resolved exclusively by binding and confidential arbitration, rather than in court.
All disputes, claims or controversies arising out of or relating to federal or state statutory claims, common law claims, these Terms and Conditions, or the breach, termination, enforcement, interpretation or validity of these Terms and Conditions, including the determination of the scope or applicability of this Agreement to arbitrate, will be, to the fullest extent permitted by law, determined by arbitration in Chicago, Illinois before one arbitrator. YOU ACKNOWLEDGE AND AGREE THAT YOU AND IDEAL 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 A CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE LAWSUIT, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
The parties agree to submit the dispute to binding arbitration in accordance with 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 Illinois, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA.
Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of the other party, unless to protect or pursue a legal right. If any term or provision of this section is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
OPT-OUT OF AGREEMENT TO ARBITRATE: To opt-out of arbitration, you must notify IDEAL in writing of your intent to opt-out of the arbitration provision by providing your first and last name, your address, phone number, and a clear statement of your intent to opt-out, such as “I wish to opt out of the arbitration provision contained in your SMS Terms and Conditions, or words to that effect. The written intent to opt-out must be provided either by sending an e-mail to legal@idealindustries.com with the subject line: OPT-OUT OF AGREEMENT TO ARBITRATE; or by sending the notice via US Mail or other nationally recognized delivery service to IDEAL Industries, Inc., Attn: Legal Department, 1375 Park Ave., Sycamore, IL 60178. The opt-out notice must be received no later than thirty (30) days after you opt-in to the Program. If you opt out of this arbitration provision, all other provisions of these Terms and Conditions will continue to apply to you. Updates to these Terms and Conditions shall not be considered a new opportunity to opt-out of arbitration, if you did not validly opt-out of arbitration, within the first thirty days after opting into the Program. Valid opt-out requests will be honored despite changes to these Terms and Conditions.