Effective Date: October 12, 2023
Read these Text Message Service Terms ("Terms") for important information about Newsday LLC ("Newsday") text message communications ("Text Message Service"). By "Opting In" to or using, as defined below, a Newsday Text Message Service you accept these Terms. THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS.
IMPORTANT NOTICE: ARBITRATION AND CLASS ACTION WAIVER. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH MAY BE ENFORCED BY YOU AND NEWSDAY (THE "PARTIES"). BY ACCESSING AND USING OUR PRODUCTS AND SERVICES, INCLUDING THE TEXT MESSAGE SERVICE, YOU ARE AGREEING TO BE BOUND BY NEWSDAY TERMS OF SERVICE, WHICH INCLUDES THE BINDING ARBITRATION AND CLASS ACTION WAIVER AS DESCRIBED IN SECTION 13 OF THE TERMS OF SERVICE AND SECTION 5 OF THESE TERMS. YOU AGREE THAT ALL DISPUTES BETWEEN THE PARTIES WILL BE RESOLVED BY BINDING ARBITRATION. YOUR AGREEMENT TO ARBITRATION MEANS THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. OTHER RIGHTS YOU MAY HAVE IN COURT, SUCH AS DISCOVERY OR APPEAL RIGHTS, MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION. YOU ALSO AGREE THAT FOR ALL DISPUTES BETWEEN THE PARTIES, WHETHER IN COURT OR IN ARBITRATION, YOU WILL NOT BE ABLE TO (1) BRING A CLAIM AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY; OR (2) PARTICIPATE IN A CLAIM AS A CLASS MEMBER. ANY CLAIM WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS.
- Opting-in to the Text Message Service
"Opting-in," and "opt-in" refer to subscribing, joining, agreeing to, enrolling in, requesting, signing up for, acknowledging, or otherwise providing express consent, oral or written, to receive one or more text messages. When you opt-in using an online subscription form or other enrollment form using your mobile device through our services, you are providing your express written consent.
By opting-in to the Text Message Service you (i) authorize Newsday LLC ("Newsday") to use autodialer or non-autodialer technology to send text messages to the mobile telephone number you provided when signing up, and (ii) agree to receive recurring automated text messages, which includes promotional and personalized marketing text (via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) from Newsday to the mobile telephone number you provided when signing up. Consent to receive automated text messages is not a condition of any purchase. Message and data rates may apply. Message frequency will vary. Newsday reserves the right to alter the frequency of text messages sent at any time. Newsday also reserves the right to change the short code or phone number from which messages are sent.
Opting-in to receive Text Message Service requires you to provide your own mobile phone number with an area code within the 50 United States or the District of Columbia. You also confirm that you are the subscriber to the mobile phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.
Once you have opted-in, you may receive an opt-in confirmation message. You may be asked, at Newsday's exclusive option, to verify your mobile phone number before the Text Message Service starts. This requires responding to a text alert sent to your mobile phone confirming your option to receive the Text Message Service.
You acknowledge that the text messages sent to the mobile phone number you provide to Newsday may include limited personal information about your subscription and other information, and whoever has access to the mobile phone or carrier account will also be able to see this information. Once you opt-in, you will typically receive text messages when we have information for you about your subscriptions, account information, payment status and/or promotional messages. Newsday does not impose a separate charge for text messages; however, your mobile carrier's message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
You may opt-out from the Text Message Service at any time. Once you start receiving text messages from Newsday, reply "STOP" to unsubscribe or contact us as provided in the contact information. After you submit a request to unsubscribe, you may receive one final text alert from Newsday confirming that you will no longer receive the Text Message Service. No additional Text Message Service will be sent unless you re-activate your election to receive the Text Message Service. To opt-in again, simply text back "RESTART." You may also elect to reactivate the Text Message Service by completing an online subscription form or other enrollment form through our services as available from time to time, or by contacting us as provided in the contact information.
If you unsubscribe from one of our text message programs ("Program(s)"), you may continue to receive Text Message Service from Newsday through any other Program you have joined (e.g., editorial text messages, breaking news, etc.) until you separately unsubscribe from those Programs. OPT-OUT REQUESTS WON'T PROHIBIT US FROM SENDING YOU IMPORTANT NONMARKETING NOTICES VIA TEXT MESSAGES.
For questions about Text Message Service, text HELP to any text alert sent to your mobile phone from Newsday, or contact Newsday at 1-800-NEWSDAY OR 631-363-4989, or via email at firstname.lastname@example.org.
- Collection and Use of Information
If you participate in a contest, sweepstakes, research study, or survey associated with the Text Message Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Text Message Service or for customer service.
We use your information to deliver, analyze, maintain and support the Text Message Service. We may also use your information to enhance the Text Message Service features and customize and personalize your experiences on the Text Message Service.
We use various vendors to provide the Text Message Service to you. For the purposes of the Text Message Service, these vendors act as our service providers and data processor of your information.
- Sharing of Information
Once you opt-in, you consent and acknowledge that we may share, transfer, or disclose your information, as well as share your information with third parties (service providers) to help us provide the Text Message Service to you. We may disclose your information as we believe such disclosure is necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) enforce a contract with us; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.
From time to time, we may share aggregated or de-identified information about use of the Text Message Service, which does not directly identify you, and such aggregated or de-identified information may be shared with any third party, including advertisers, promotional partners, and sponsors.
We retain your information unless, depending on your jurisdiction, you expressly request to remove your information from our systems or as needed to comply with applicable legal obligations. Texting STOP is not considered an express request to remove your information. We will also retain and use your information as necessary to resolve disputes, protect us and our customers, and enforce our agreements.
While we strive to protect your information against unauthorized use or disclosure, no online activity can be guaranteed to be 100% secure and we cannot ensure or warrant the security of any information you provide. We do not accept liability for unintentional disclosure.
The Text Message Service is offered on an "as is" basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. Newsday may change or discontinue any of its text alert programs without notice or liability to you. NEWSDAY AND ITS RELATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND VENDORS USED IN CONNECTION WITH THE TEXT MESSAGE SERVICE, ARE NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR ANY LOSSES OR INJURIES OF ANY KIND RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY TEXT MESSAGE SERVICE OR FROM TECHNICAL FAILURES OR DELAYS OF ANY KIND. NEWSDAY RESERVES THE RIGHT TO CEASE DELIVERY OF TEXT MESSAGE SERVICE TO ANY PERSON AT ANYTIME IN ITS SOLE DISCRETION.
- Dispute Resolution - Arbitration and Waiver of Class Actions.
5.1 Binding Arbitration. Any controversy or claim arising out of or relating to these Terms, your relationship to Newsday as a subscriber, or your use of any of Newsday’s Services, including the Text Message Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the "Covered Claims"), shall be settled by arbitration administered by the JAMS under its Comprehensive Arbitration Rules and Procedures, and judgment on the award ("Award") rendered by the arbitrator may be entered in any court having jurisdiction thereof. BY AGREEING THAT ALL COVERED CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR.
5.2. Further, you and Newsday acknowledge that any claims related to intellectual property, whether statutory or common law claims, may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that i) statutory or common law claims related to intellectual property, and ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, the "Excluded Claims"), shall be brought in a competent federal or state court located in the county of Suffolk in the State of New York, and shall be excluded from arbitration. You and Newsday consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning Excluded Claims.
CLASS ACTION WAIVER. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY, AND MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION. THE PARTIES SPECIFICALLY ACKNOWLEDGE THAT THIS WAIVER IS MADE KNOWINGLY AND VOLUNTARILY.
5.3. Conduct of Arbitration; Governing Rules. Arbitration for any dispute between the Parties relating to the Covered Claims shall be determined by arbitration in New York, USA, or in a location to be determined in accordance with the JAMS Rules, unless otherwise agreed in writing by the Parties. The arbitration shall be conducted before one neutral arbitrator, with reasonable opportunity for all Parties to participate in the process of choosing such an arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures pursuant to JAMS' Streamlined Arbitration Rules and Procedures (collectively, the "JAMS Rules"). Judgment on the Award may be entered in any court having jurisdiction in the county of Suffolk in the State of New York. Except those issues relating to the scope, application, and enforceability of the arbitration provision, this clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision, are for the court to decide. For more information about arbitration, the JAMS and the arbitration process, please consult the JAMS web site at www.jamsadr.com. The Terms and the rights of the Parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules. The Parties acknowledge that these Terms could evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the provisions of the Terms, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules, except that if the arbitrator finds at any time that a claim and/or counterclaim was filed frivolously, for purposes of harassment, or otherwise in bad faith, as well as any defense and discovery conducted in bad faith, frivolously, with the purposes of harassment, then the filing party will reimburse the other party for all costs and fees, including reasonable attorneys’ fees and court costs, associated with that claim.
5.4. Procedures. Prior to initiating arbitration for a Covered Claim, the Parties agree that they will provide written notice of the potential claim to the opposing party setting forth (i) the factual and legal basis for the claim; (ii) contact information for the potential claimant and their counsel, if any; and (iii) the remedies sought, including the amount of claimed monetary damages (the "Notice"). To provide notice of a claim to Newsday, write to Newsday LLC, Attn: Legal Department, 6 Corporate Center Drive, Melville, NY 11747, with a courtesy notice to email@example.com.
5.5. Following receipt of the Notice by the opposing party, the Parties agree to make a good faith effort to resolve any dispute promptly by negotiation. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity a statement of each party's position and a summary of arguments supporting that position. Within 30 days after delivery of the notice, the parties shall meet at a mutually acceptable time and place.
5.6. Unless otherwise agreed in writing by the negotiating Parties, the above-described negotiation shall end at the close of the first meeting of executives described above ("First Meeting"). Such closure shall not preclude continuing or later negotiations, if desired.
5.7. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
5.8. At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this arbitration agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the Parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of section 5.5. above.
5.9. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in sections 5.5. and 5.6. above are pending and for 15 calendar days thereafter. The Parties will take such action, if any, required to effectuate such tolling.
5.10. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. In any arbitration, the arbitrator is not empowered to award punitive or exemplary damages, and the Parties waive any right to recover any such damages. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her Award unless requested in writing to do so by both Parties.
5.11. For all litigation regarding Excluded Claims and any other controversy or claim for which arbitration is denied, the sole jurisdiction and venue for such litigation will be a competent federal or state court located in the county of Suffolk in the State of New York.
5.12. All provisions of this Dispute Resolution – Arbitration and Waiver of Class Actions Section shall survive termination of these Terms and the Subscription Terms, your relationship with us, and/or your account or profile.
- CONTACT INFORMATION
If you have any questions or comments about these Terms, your choices, or you wish to opt-in or opt-out, please contact us as provided below:
Email us at firstname.lastname@example.org
Call us at 1-800-NEWSDAY (1-800-639-7329)