LTK Creator SMS Program Terms And Conditions

By opting into or using the LTK SMS program, you agree to these LTK CREATOR SMS PROGRAM TERMS & CONDITIONS (“T&Cs”), which constitute a legally binding contract between you and rewardStyle, Inc. d/b/a LTK (“LTK,” “us,” “we,” and “our”). You agree that, except where they conflict, these T&Cs supplement and incorporate the LTK Shopping Terms of Service and Privacy Statement, which you should also review. MESSAGE AND DATA RATES MAY APPLY. You should contact your carrier with questions regarding any issues, including fees and coverage.

Note that these T&Cs include an AGREEMENT TO ARBITRATE, as well as a JURY TRIAL AND CLASS ACTION WAIVER and other limitations on liability and waivers, which you should review thoroughly. Void where prohibited by law.

OPTING IN: You Consent to Receive Text Messages Sent on Behalf of LTK

By providing your mobile number and agreeing to participate in the SMS program, you consent to receive mobile text messages sent on behalf of LTK. These messages may include marketing and promotional messages, and other messages related to your requests or other matters indicated or implied by your consent. You consent to receive unlimited, recurring messages and understand that message frequency may vary and could include daily notifications. You further agree that LTK is authorized to use automated or non-automated technology, including without limitation automatic telephone dialing systems. You also agree and confirm that the number you provided is your mobile number, that you are the customary user of that number, and that you have authority to consent to receive text messages at that number. You do not have to sign up for messaging in order to make any purchases, and your consent is not a condition of any purchase.

You may receive a confirmation message at sign-up, in which case you may need to reply as instructed to complete your registration. LTK may terminate the SMS program or your participation in it at any time with or without notice. By signing up, you confirm that you are at least 18 years old or the age of majority in your state (and in any event over the age of 13).

You consent to the use of an electronic record to document your opt-in. You agree that any information you submitted to LTK and/or that is collected during your participation in the SMS program may be used and handled as described in LTK’s Privacy Statement.

You May Opt-out of Receiving Text Messages at Any Time.

You can cancel the SMS service at any time. Just text "STOP" to 23709. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us for that particular marketing program. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. Once you have consented, you may receive messages until you opt-out. If you are experiencing issues with the messaging program you can reply with the keyword "HELP" for more assistance.

You Represent and Warrant That the Phone Number You Provide is Yours, and Agree to Inform LTK if That Changes

You represent and warrant that the mobile phone number you provide to us belongs to you and no one else. You agree to promptly notify us of any changes to your mobile number, and to promptly update your account with us to reflect this change.

Depending on Your Mobile Carrier, You May Be Charged for the Text Messages You Send To or Receive From LTK

You may incur messaging rate charges or other fees, rates, charges and/or taxes from your mobile provider, so be sure to check your plan.

Limitations on Liability; Waivers; and Disclaimers

If you no longer want to receive text messages from us, you agree that your sole and exclusive remedy is to end enrollment in the specific texting program.

You agree that under no circumstances will LTK be liable to you for any direct or indirect, incidental, consequential, special, exemplary, statutory, or punitive damages arising out of or in connection with text messages sent to you.

We do not guarantee the successful delivery of text messages by your wireless provider. Carriers are not liable for delayed or undelivered messages. If your carrier is not participating, then you will not receive a reply to your messages.  Messages sent by text may not be delivered if the mobile device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the terrain, proximity to buildings, foliage, weather, and the recipient's equipment. We will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdirected delivery of a text message; (b) inaccurate or incomplete content in a text message; or (c) use or reliance on the content of any text message for any purpose.

LTK makes no representations or warranties whatsoever regarding messages or messaging programs. LTK hereby disclaims all warranties, including any implied representations or warranties of merchantability or fitness for a particular purpose with respect to any messages or messaging programs.

Dispute resolution, including ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER

For all “Claims” as later defined, you must first send a written description of your Claim to LTK to allow us an opportunity to resolve it. You and we each agree to negotiate your claim in good faith. If the Claim cannot be resolved within 60 days, then you may seek arbitration. You and LTK agree that all disputes, controversies, and claims arising out of, relating to or in connection with these T&Cs, or to text messages sent on behalf of LTK, or any transaction contemplated thereby (collectively “Claims”), shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.

The arbitral tribunal shall have the sole power to rule on any challenge to its own jurisdiction without any need to refer such matters first to a court, and all issues regarding arbitrability shall be decided solely by the arbitral tribunal.

The place of arbitration shall be in Dallas, Texas. The language of the arbitration shall be English.

To begin an arbitration proceeding, you must send a letter by certified mail describing your claim to rewardStyle, Attn: Legal Dept., at 3102 Oak Lawn Avenue, 9th Floor, Dallas, Texas 75219, with an email copy to legal@rewardstyle.com. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees (but not any attorney's fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.

Except as to the above agreement to arbitrate, which is governed by the Federal Arbitration Act, you and LTK agree that these T&Cs and any Claims shall be governed exclusively by the laws of the State of Texas, without respect to any choice of law analysis.

In the event a Claim is not subject to arbitration, you and LTK agree that all Claims will be litigated exclusively in the federal or state courts of Dallas County, Texas. The parties consent to personal jurisdiction in Dallas County, Texas and hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Dallas County, Texas. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY SUCH LEGAL PROCEEDING. YOU FURTHER AGREE NOT TO JOIN IN ANY SUCH LEGAL PROCEEDING WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST LTK.