1stMILE Text Messaging Terms & Conditions

Last Updated: 7/25/2023

Please carefully read these SMS Terms & Conditions (“Terms” or “Agreement”) as they are a binding agreement between you (“you”, or “your”) and 1stMILE LLC, its affiliates, and subsidiaries, including but not limited to 1stMILE Buy LLC (collectively, “1stMILE”, “we”, or “us”). This Agreement governs your participation in any 1stMILE text messaging program or any other mobile or web-based phone application to send and receive messages with 1stMILE. By participating in our texting program, you represent and warrant that you are at least the age of majority in your state of residence. By agreeing to receive text messages from or on behalf of 1stMILE or by otherwise providing your phone number, you also agree to these Terms as well as 1stMILE’s User Agreement and Privacy Policy which are incorporated herein.

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.

Text Messages from 1stMILE

When you consent to receive text messages from 1stMILE, you are agreeing to receive informational and/or marketing text messages to the phone number you provided, depending on the purpose for which are you providing your consent. This includes but is not limited to order appointment reminders, maintenance notifications, payment notifications, promotional offers, loyalty rewards, and other messages. You also acknowledge and agree that the text messages you receive may be sent via an automatic telephone dialing system or similar technology. By giving your consent to receive text messages from 1stMILE, you may receive multiple, recurring messages relating to the status of your 1stMILE account for any other purpose, whether informational or promotional in nature.

YOU DO NOT NEED TO CONSENT TO RECEIVE MARKETING TEXT MESSAGES FROM US AS A CONDITION OF MAKING A PURCHASE.

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.

Opting Out from Text Messages

You may cancel a text messaging service at any time or revoke your agreement to these Terms by texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to a short code provided or replying to a message sent by 1stMILE. After you send the stop code, we may send you a text message confirming your decision to opt out. If you opt out of one of our text messaging services, you will remain opted into other 1stMILE text messaging services (if applicable) unless you opt out of those services separately. 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 1stMILE and its service providers will have no liability for failing to honor such requests.

Carriers

Not all 1stMILE services may be compatible with your network provider or device. Carriers are not liable for delayed or undelivered text messages. Message frequency will vary. Message and data rates may apply.

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.

Dispute Resolution and Arbitration

THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER. THEY AFFECT YOUR RIGHTS AND 1stMILE’s RIGHTS CONCERNING THE RESOLUTION OF ANY DISPUTE BETWEEN US. PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

If a dispute arises between you and 1stMILE regarding these Terms or the text messaging program, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you to contact 1stMILE at 8383 158th AVE NE, Suite 100, Redmond WA 98052, [email protected] to try resolving your problem directly with us.

IN THE CASE THAT YOU AND 1stMILE ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, YOU AND 1stMILE AGREE THAT EITHER YOU OR WE MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. ANY ELECTION TO ARBITRATE BY EITHER PARTY WILL BE FINAL AND BINDING ON THE OTHER PARTY. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.

The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and we may litigate in court to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST 1stMILE OR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, LICENSORS, EMPLOYEES, CONTRACTORS, OR PREDECESSORS IN INTEREST. IF MULTIPLE CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO ARBITRATION HAVE BEEN RESOLVED. IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES, SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT TO ARBITRATION MUST BE SEVERED. HOWEVER, YOU RETAIN YOUR RIGHT TO FILE A COMPLAINT WITH ANY REGULATORY AGENCY OR COMMISSION; NO ARBITRATOR HAS THE AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS OF SERVICE PROVIDE, OR TO ORDER CONSOLIDATION OR CLASS ARBITRATION, EXCEPT THAT AN ARBITRATOR DECIDING A CLAIM ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY GRANT AS MUCH SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR AGREEMENT WOULD PERMIT.

IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT. IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A REVIEW PANEL CONSISTING OF THREE ARBITRATORS; AND IN THE EVENT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND 1stMILE EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A JUDGE WILL DECIDE ANY AND ALL DISPUTES.

Changes

These Terms may be updated by 1stMILE at any time without prior notice. By continuing to be enrolled in any 1stMILE texting program, or by providing your cell phone number for transactional, operational, or information text messages, you agree to any changes.

Governing Law

You agree that the laws of the State of Washington, without regard to conflict of laws principles, will govern the terms of this Agreement and any claim or dispute that has arisen or may arise between you and 1stMILE, except as otherwise stated in this Agreement. Subject to the Dispute Resolution and Arbitration provision, you may also litigate any dispute on an individual basis in small claims court with jurisdiction over that dispute, if the dispute meets all requirements to be heard in the small claims court.

Contact Us

If you are experiencing any issues or have any questions, please contact us at [email protected].