Fossil Mobile Program SMS Terms and Conditions
Effective Date: 12/12/2019
Fossil Mobile Program
Sign up to receive select special offers and deals from Fossil by texting JOIN to 367745 to receive approximately 4 (four) auto text messages per month. Fossil reserves the right to alter message frequency at any time. Fossil may change the frequency of texts that you receive under the Mobile Program. Notification will be sent via text if the frequency changes and you will be provided with the opportunity to opt-out. Message and data rates may apply. By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. By signing up, you are confirming you are 18 years of age or older. This mobile program is only valid in the U.S.
If you would like to be removed from the mobile program, text STOP to 367745. One additional text message will be sent as confirmation of the opt-out. No additional text messages will be sent after the confirmation of opt-out.
If at any time you would like to opt back in, follow the steps above for the Fossil Mobile Program.
For additional information, text HELP to 367745 or contact 1 (800) 449-3056
AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, among others. Fossil is not responsible for any delays in sending or delivering of text messages.
Terms and Conditions
“You” means the person who signs up to participate in, or uses in any way, the Fossil Mobile Program. “We,” “our,” “us,” and “provider” refer to Fossil, as well as any other person or entity providing any service, applications or content to you from us or on our behalf.
“Mobile Program” means the Fossil Mobile Program.
“Fossil” means Fossil Partners, L.P. and its related entities.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Company immediately if you change your mobile telephone number. You may notify Company of a number change by submitting a “contact us” form on the website associated with the Mobile Program.
You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Acceptance by You
By using the Mobile Program provided by us, you have agreed to be bound by these terms and conditions (this “Agreement”). If you do not agree with this Agreement, you must immediately cease using the Mobile Program and opt-out, as described above. We may update or amend this Agreement at any time, and such amendments will be effective upon our posting of the updated Agreement at www.fossil.com (the “Website”). We may also elect to send you a text message to Your Mobile Number to advise you of such amendments. You may review this Agreement, and any amendments hereto, at any time by accessing the Website. If you do not agree to the Agreement as amended, you must immediately cease using the Mobile Program and opt-out, as described above. Your continued access or use of the Mobile Program after such posting constitutes your consent to be bound by the Agreement, as amended.
We hope to make you a happy customer, but if there’s an issue that needs to be resolved, this section outlines what is expected of both of us. Most customer concerns can be resolved quickly and to your satisfaction by contacting our customer service department at 1 (800) 449-3056 or contacting our customer service https://support.fossil.com/hc/en-us/requests/new. In the unlikely event that we are unable to resolve your concern or a complaint that you may have, we each agree to resolve any and all disputes through binding arbitration or small claims court as set forth below.
Mandatory, Bilateral Arbitration. Please read this carefully. It affects your rights. YOU AND FOSSIL AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and the provider hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FOSSIL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND FOSSIL AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and Fossil are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Fossil, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. Unless you and Fossil agree otherwise in writing, the arbitration will take place in the county of your home address.
Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of such court’s jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
Additional Terms & Conditions for the Fossil Mobile Program
Opt-Out of Agreement to Arbitrate
You can decline this agreement to arbitrate by emailing Fossil at email@example.com, and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Arbitration and Class Action Waiver provision for the Fossil Mobile Programs Terms and Conditions, and (5) clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these terms and conditions.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THIS SERVICE OFFERED TO THE PUBLIC COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS OR ACTS OF GOD. WE DO NOT PROMISE ERROR-FREE SERVICE. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS MESSAGES AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR NETWORK OPERATOR.
Limitation of Liability
We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Texas.