These Mobile Promotions Terms and Conditions (“Mobile Terms”) govern your participation in the FlexAppeal text messaging information and marketing program (the “Program”). FlexAppeal may be referred to in these Mobile Terms as “FlexAppeal,” “we,” “us,” or “our.”
822 Lincoln Blvd Middlesex, NJ
Please read these Mobile Terms carefully. By submitting your information through our website, social media, in-studio forms, or other platforms, you are opting in to participate in the Program and agree to these Mobile Terms and our Privacy Policy.
Your access to, use of, and participation in the Program constitutes your agreement to these Mobile Terms, including the mandatory arbitration provision below. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SUBSCRIBE TO OR PARTICIPATE IN THE PROGRAM.
The Program provides account-related information and marketing communications, including but not limited to class updates, membership information, reminders, promotions, special offers, events, and other FlexAppeal-related messages. Messages are delivered via SMS and/or MMS directly to your mobile device.
By opting into the Program, you expressly consent to receive recurring marketing and promotional text messages, including messages sent using an automated telephone dialing system (ATDS), at the mobile number you provide.
If you enroll by texting a keyword, you may receive a confirmation message and may be required to reply to complete enrollment.
You agree to notify us if your mobile number changes.
You may opt out of Program messages at any time by replying STOP to any FlexAppeal text message. The opt-out keyword is not case-sensitive.
After opting out, you may receive a final confirmation message acknowledging your request.
Alternatively, you may opt out by emailing info@flexappeal.fit fit with the mobile number you wish to remove. Email opt-out requests may take up to ten (10) business days to process, during which you may continue receiving messages.
Opting out of Program messages does not revoke consent for non-Program communications related to your account or services.
Participation requires a text-message-enabled mobile device and an active messaging plan. The Program is compatible with most major U.S. carriers, including but not limited to AT&T, T-Mobile®, Verizon, Sprint, Boost, Cricket, MetroPCS, and U.S. Cellular. Carrier participation may vary.
FlexAppeal is not responsible for delayed or undelivered messages due to carrier network issues.
FlexAppeal is not liable for any claims or damages arising from carrier network failures or malfunctions, including claims under the Telephone Consumer Protection Act (TCPA) caused by such issues.
We may work with third-party service providers to deliver and analyze marketing communications. In connection with these efforts, personal information may be collected and shared as described in our Privacy Policy.
This section limits your right to sue in court or participate in a class action.
Any claim, dispute, or controversy arising out of or relating to the Program (“Claim”) may be resolved exclusively through binding individual arbitration governed by the Federal Arbitration Act
If the class action waiver is found unenforceable, the entire arbitration provision will be unenforceable.
You may opt out of this arbitration agreement by sending written notice via Certified Mail within 14 days of enrolling in the Program to:
822 Lincoln Blvd Middlesex, NJ
Attn: Marketing Manager
FlexAppeal is not responsible for any damage to your device or data resulting from participation in the Program.
To the maximum extent permitted by law, FlexAppeal shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits or data, arising from your participation in the Program.
Your sole remedy for dissatisfaction with the Program is to discontinue participation.
Failure to enforce any provision of these Mobile Terms does not constitute a waiver. If any provision is found unenforceable, the remaining provisions shall remain in effect.
We may update these Mobile Terms at any time by posting revised terms. Continued participation in the Program after changes are posted constitutes acceptance of the updated terms.
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