Quotient SMS Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION THAT INCLUDES A JURY TRIAL WAIVER AND CLASS ACTION WAIVER, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE FOR ANY DISPUTES.
BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.
Quotient Technology Inc. and its subsidiaries (collectively, “Quotient,” “we,” “us,” or “our”) provides these Quotient SMS Terms and Conditions (the “Quotient SMS Terms” or “Terms”), which govern the provision and delivery of text messages by us or our text message service providers, which may be marked under the name of our website Quotient.com, to you (the “Quotient.com Texts”). Quotient provides this text message service to (1) provide you with information you requested from one of our customers and/or (2) notify you of special offers, sales, and events that may interest you.
By agreeing to receive Quotient.com Texts, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to [email protected] with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to [email protected] with contact information and the address for delivery.
Signing Up for Quotient.com Texts for Cash Back Promotions (the “Promotion”):
Costs of Signing Up for Quotient.com Texts:
Quotient does not charge you for sending text messages. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider for receiving and/or sending text messages.
Frequency of Text Messages:
For each Promotion to which you subscribe, we may send you an initial message to confirm you are eligible to participate in the promotion, for example age verification for alcohol related offers. We may also send you a text message confirming that we have received your opt-in or we may send you informational messages after you have provided your contact information to us. After that, the specific amount of text messages may vary depending on how you use our services and whether you take steps to generate additional text messages from us (such as by sending a HELP request)..
Content is not available on all carriers and carrier participation could change. As of effective date of these Terms, our text messages can be sent through the following carriers: Ntelos, Cellcom, Cellsouth, Carolina West, AT&T, MetroPCS, T-Mobile, U.S. Cellular, Sprint, Google Voice, Boost, Virgin Mobile and Verizon Wireless. The content is not compatible with all mobile device models. The list of participating carriers may be changed at Quotient’s sole discretion without prior notice. We will not be liable for any delays in the receipt of any text messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time. The mobile carriers are not liable for delayed or undelivered messages.
By signing up to receive Quotient.com Texts for any Promotions, you represent that you are at least 18 years of age or older, and for any age-restricted offers are of legal age in the jurisdiction where you reside (for example, at least 21 years of age or older for alcohol-related Promotions), and that you understand the obligations and agree to the terms set forth in these Quotient SMS Terms, which forms a binding agreement between you and us. You further represent that you are the subscriber of the cellular service at the mobile number you used to subscribe to the Promotion. In the event that you change or deactivate the mobile number you enrolled in Quotient.com Texts, you agree you will promptly notify us at [email protected] to have your number removed.
Opting Out of Quotient.com Texts and Getting Help:
If you no longer want to receive Quotient.com Texts, you may text STOP to the short code 76666, or reply with STOP to any text message from us. By texting STOP to the short code 76666, you will be unsubscribed from text messages for all Promotions, including informational texts about any Promotions in which you are participating. After unsubscribing, we may send you confirmation of your opt-out via text message. If you have revoked consent and want to re-enroll in our text message program, you can enroll again by texting an active keyword to 76666. After revoking consent to receive text messages, , you may still check your status for any Promotions you are participating in by following the url you used to participate in the Promotion. You may text HELP if you need assistance in connection with any text message promotion.
Modifications to these Quotient SMS Terms:
We reserve the right to modify these Quotient SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in Quotient.com Texts program shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
Arbitration and Class Action Waiver:
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Quotient agree that these Quotient SMS Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Arbitration and Class Action Waiver section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Quotient SMS Terms or any prior agreement (including, but not limited to, claims related to Quotient advertising or your receipt of any text messages from us or our services providers); and claims that may arise after the termination of these Quotient SMS Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Quotient SMS Terms, you agree to resolve any and all disputes with Quotient as follows:
Initial Dispute Resolution: We are available by email at [email protected] to discuss any concerns you may have regarding your use of the services covered by this agreement, including Quotient.com Texts. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. A request for payment of filing fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary filing fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
Jury Trial Waiver: The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. YOU AND QUOTIENT EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and Quotient further agree to submit to the personal jurisdiction of any federal or state court in Santa Clara County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND QUOTIENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending emailing written notice of your decision to opt out to the following address:
Quotient Technology, 400 Logue Ave., Mountain View, CA 94043, Attn: General Counsel
Please include in your notice that it relates to the SMS TERMS and the phone number you submitted to us to enroll in Quotient.com Texts. The notice must be sent within thirty (30) days of your enrollment in Quotient.com Texts; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Quotient also will not be bound by them.
Changes to This Section: Quotient will provide thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action section by posting on our website, sending you a message, or otherwise notifying you. Amendments will become effective thirty (30) days after they are posted on the website or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you enrolled in Quotient.com Texts.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of these Quotient SMS Terms, the Quotient.com Texts, or your enrollment in Quotient.com Texts.
For more information, please email us at [email protected] or text HELP in response to one of our text messages.
Effective Date: August 19, 2020