Terms of Service and Mobile Messaging Terms & Conditions
ATTENTION: THESE TERMS OF SERVICE INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, MOBILE APPLICATION OR OTHER SOCIAL MEDIA APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE, MOBILE APPLICATION OR OTHER SOCIAL MEDIA APPLICATION.
This website, mobile application or other social media application is operated by Dooley for Georgia, the principal 2026 U.S. Senate campaign committee of candidate Derek Dooley (collectively, “we,” “us,” “our”). These Terms of Service apply solely to your access to, and use of, the www.dooleyforgeorgia.com Web site operated by Dooley for Georgia and other Dooley for Georgia Web sites and mobile applications and other social media applications which link to these Terms of Service (the “Sites”). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with Dooley for Georgia for products, services or otherwise.
We reserve the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline of the Sites, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.
All questions or comments about the Sites or site content should be directed to info@dooleyforgeorgia.com.
1. PRIVACY POLICY Please refer to our privacy policy at https://www.dooleyforgeorgia.com/disclaimer for information on how we collect, use and disclose personally identifiable information from our users.
2. COPYRIGHT AND LIMITED LICENSE Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, Dooley for Georgia’ logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Dooley for Georgia or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Service and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of Dooley for Georgia, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
3. REPEAT INFRINGER POLICY In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Dooley for Georgia has adopted a policy of terminating, in appropriate circumstances as determined by Dooley for Georgia in its sole discretion, subscribers or account holders who are deemed to be repeat infringers. Dooley for Georgia may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. TRADEMARKS All logos and slogans contained in the Sites are trademarks of Dooley for Georgia, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dooley for Georgia or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Dooley for Georgia” or any other name, trademark or product or service name of Dooley for Georgia without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Dooley for Georgia and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
5. HYPERLINKS You may not use a Dooley for Georgia logo or other proprietary graphic of Dooley for Georgia to link to these Sites without the express written permission of Dooley for Georgia. Further, you may not use, frame or utilize framing techniques to enclose any Dooley for Georgia trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Dooley for Georgia's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Dooley for Georgia or any third party.
Dooley for Georgia makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of Dooley for Georgia and Dooley for Georgia is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Dooley for Georgia provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Dooley for Georgia of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
6. THIRD PARTY CONTENT We may make third party information and other content available on or through the Sites (the “Third Party Content”) as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the Sites (“Third Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. Dooley for Georgia does not control, endorse or adopt any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Dooley for Georgia is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
7. ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES Dooley for Georgia may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party organizations, products, or services on the Site. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Dooley for Georgia is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Dooley for Georgia advertisers or third party information on the Site.
8. SUBMISSIONS You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or Dooley for Georgia that are provided by you in the form of email or other submissions to Dooley for Georgia, or any postings on the Sites, are non-confidential and shall become the sole property of Dooley for Georgia. Dooley for Georgia shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.
9. USER CONTENT AND INTERACTIVE SERVICES OR AREAS The Sites may include interactive areas or services (“Interactive Areas”), such as forums, blogs, chat rooms or message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Sites (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:
A. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
B. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
C. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
D. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
E. Unsolicited promotions, advertising, or solicitations;
F. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
G. Viruses, corrupted data or other harmful, disruptive or destructive files; and
H. User Content which violates the terms of any Dooley for Georgia guidelines, policies or rules posted on the Site or otherwise provided to you; and
I. User Content that, in the sole judgment of Dooley for Georgia, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Dooley for Georgia or its users to any harm or liability of any type.
Dooley for Georgia takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Dooley for Georgia liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity or objectionable content you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at Dooley for Georgia’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules. As a provider of interactive services, Dooley for Georgia is not liable for any statements, representations, or User Content provided by its users in any public forum, blog or other Interactive Area. Although Dooley for Georgia has no obligation to do so, it reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Service and may result in, among other things, termination, or suspension of your rights to use the Interactive Areas and/or the Sites.
Except as otherwise provided, you retain ownership of all User Content you post on the Sites. However, if you post User Content to the Sites, unless we indicate otherwise, you grant Dooley for Georgia and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, including without limitation in advertising, fundraising and other communications in support of Dooley for Georgia and the issues, and causes it supports, without any right of compensation or attribution . You grant Dooley for Georgia and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.
10. REGISTRATION DATA; ACCOUNT SECURITY In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Dooley for Georgia, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Dooley for Georgia.
11. INDEMNIFICATION You agree to defend, indemnify and hold harmless Dooley for Georgia, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites, your use of the Interactive Areas, or any act or omission relating to the Site or the User Content, including without limitation any actual or threatened suit, demand or claim made against Dooley for Georgia and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Service or your violation of the rights of any third party.
12. DISCLAIMERS EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY DOOLEY FOR GEORGIA, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DOOLEY FOR GEORGIA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. DOOLEY FOR GEORGIA DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
DOOLEY FOR GEORGIA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE DOOLEY FOR GEORGIA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, DOOLEY FOR GEORGIA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
LISTED PRICES FOR MERCHANDISE INCLUDE APPLICABLE SALES/USE TAX.
DOOLEY FOR GEORGIA IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE SITES.
Dooley for Georgia reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Dooley for Georgia.
13. LIMITATION OF LIABILITY IN NO EVENT SHALL DOOLEY FOR GEORGIA OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DOOLEY FOR GEORGIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DOOLEY FOR GEORGIA'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DOOLEY FOR GEORGIA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DOOLEY FOR GEORGIA FOR ACCESS TO OR USE OF THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. APPLICABLE LAW AND VENUE These Terms of Service, including the Mobile Messaging Terms & Conditions set forth below, and your use of the Site shall be governed by and construed in accordance with the laws of the District of Columbia applicable to agreements made and to be entirely performed within the District of Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.
15. TERMINATION Notwithstanding any of these Terms of Service, Dooley for Georgia reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
16. SEVERABILITY If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
17. CONTRIBUTION POLICIES Contributions are not deductible for federal income tax purposes. When contributing, federal law requires that you verify the following statements are true and accurate: Your contribution is made from your own funds with a personal credit card, and not with a corporate credit card or funds provided to me by another person. I am not a federal government contractor, nor am I a foreign national who lacks permanent resident status in the United States. I am at least 18 years old. Contributions are subject to federal contribution limits, source prohibitions, and reporting requirements.
18. CONTRIBUTION REFUND AND CANCELLATION POLICY All contributions are final. Refunds and cancellations will be given at the discretion of Dooley for Georgia. If you believe that an error has been made in connection with your online contribution, contact us at info@dooleyforgeorgia.com. We will endeavor to work with you to correct any such error.
19. CONTRIBUTION SHIPPING AND HANDLING POLICY All contribution confirmations will be sent via e-mail. It is your responsibility to provide a correct and valid e-mail address, street address, and other contact information.
Mobile Messaging Terms & Conditions
Dooley for Georgia, the principal campaign committee of Derek Dooley, is offering an optional mobile-messaging program (the “Program”), subject to these Mobile Messaging Terms and Conditions (the “Terms”).
BY OPTING IN TO THE DOOLEY FOR GEORGIA MOBILE MESSAGING PROGRAM (“Program”), AS DESCRIBED HEREIN, YOU HAVE AGREED TO BE BOUND TO THE TERMS HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS OR IF YOU DO NOT OTHERWISE WISH TO CONTINUE PARTICIPATING IN THE PROGRAM, YOU CAN OPT-OUT AT ANY TIME BY REPLYING “STOP” TO ANY MOBILE MESSAGE FROM US.
1. ACCEPTANCE BY YOU. By providing your mobile phone number and opting in, you are consenting to receive calls and texts, including autodialed and automated calls and texts, from Dooley for Georgia and Derek Dooley. We are happy to help at info@dooleyforgeorgia.com. Reply HELP for help or STOP to end from the number that texts you. Message frequency may vary. These Terms and Conditions Terms & Privacy Policy apply. Privacy Policy can be found here: https://www.dooleyforgeorgia.com/disclaimer.
2. Opt In. The Program allows users to receive SMS/MMS mobile messages from Derek Dooley and Dooley for Georgia. By affirmatively opting into the Program, regardless of the opt-in method you utilize(d) to join the Program, you acknowledge and agree that these Terms will apply to your participation in the Program. Text messages sent to users by us are not initiated or sent using a device that either stores a telephone number using a random or sequential number generator, or which produces a telephone number using a random or sequential number generator – and, therefore, are not sent using an automatic telephone dialing system (“ATDS” or “autodialer”) under the Telephone Consumer Protection Act. HOWEVER, BY PARTICIPATING IN THE PROGRAM, YOU EXPRESSLY AUTHORIZE US TO USE AUTODIALER OR NON-AUTODIALER TECHNOLOGY TO SEND TEXT MESSAGES TO THE CELL PHONE NUMBER ASSOCIATED WITH YOUR OPT-IN.
3. PROGRAM DESCRIPTION. Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning political messaging, news alerts and updates, and contribution information from Dooley for Georgia from the short codes we use, including but not limited to 40323.
4. Cost and Frequency. Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with us.
5. User Opt Out, Help, and Additional Commands. For messages sent through 40323, you can get help by texting “HELP” to 40323 or sending an email to info@dooleyforgeorgia.com, and you can opt out by texting “STOP” to 40323. For text message services operated through a different number used by Dooley for Georgia, text “HELP” to that number for help and “STOP” to that number to opt out. Your opt-out request may generate an additional mobile message confirming your decision to opt out from the applicable short-code service. You may also opt out by texting “QUIT”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “STOP ALL” to any of our mobile messages you receive, or by contacting us via the means provided above and clearly communicating your intent to unsubscribe from the Program.
6. MMS Disclosure. The Program will send SMS MTs if your mobile device does not support MMS messaging.
7. Our Warranty. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of our control. T-Mobile is not liable for delayed or undelivered mobile messages.
8. PRIVACY POLICY. We respect your privacy. By opting into the Program or otherwise sharing your personal information with us in connection with the Program, you consent to the handling of your information as described in the Privacy Policy set forth at https://www.dooleyforgeorgia.com/disclaimer.
9. DISPUTE RESOLUTION. In the event that there is a dispute, claim or controversy between you and us, or between you and any third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, these Mobile Messaging Terms & Conditions, the privacy policy referenced and linked above, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by arbitration in Fulton County, Georgia, before one arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. For claims less than or equal to $250,000, the JAMS Streamlined Arbitration Rules in effect at the time the arbitration is commenced will apply. The arbitrator will apply the substantive law of Georgia, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing to JAMS and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).
To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.
The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.
10. Miscellaneous. By signing up for the Program, you warrant and represent to us that you have all necessary rights, power, and authority to agree to these Mobile Messaging Terms & Conditions and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Mobile Messaging Terms & Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Mobile Messaging Terms & Conditions unless explicitly stated otherwise in writing. We reserve the right to change these Mobile Messaging Terms & Conditions from time to time. Any updates to these Mobile Messaging Terms & Conditions shall be communicated to you. You acknowledge your responsibility to review these Mobile Messaging Terms & Conditions from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Mobile Messaging Terms & Conditions, as modified. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
* * *
If you have any questions or comments about the Sites or these Terms and Conditions, including the Mobile Messaging Terms & Conditions, they may be directed to Dooley for Georgia at info@dooleyforgeorgia.com.