Bealls U.S. Mobile Text Messaging Program Terms
Effective Date: December 5, 2024
Bealls, Bealls Florida, the Bealls Rewards program, and any related company, subsidiary, and affiliates on whose owned and operated properties these Mobile Terms are posted (collectively, the “Company,” “we”, “our” or “us”) offers our customers the option to receive, account, marketing and promotional mobile alerts by SMS/text message (the "Service"). Our Mobile Text Messaging Program allows you to personalize your experience, to receive order, shipping, delivery, marketing and promotional alerts. Bealls offers the SMS Service on 58509. Bealls Florida offers the SMS message Service on 68569. Bealls Rewards offers its customers marketing and promotional mobile alerts (e.g. loyalty reward alerts) by SMS Service on 38269. By participating in the Service(s), you are agreeing to these U.S. Mobile Text Messaging Program Terms (“Mobile Terms) and acknowledging the Bealls Privacy Policy or Bealls Florida Privacy Policy and Bealls Rewards Privacy Policy.
Please be aware that whereas we require prior express written opt-in consent in order for you to receive automated promotional- or marketing-related SMS text messages, if you provide us your mobile telephone number we may send account-, service- or informational-related automated messages (i.e., non-promotional or marketing-related messages) to your mobile phone, provided they are related to the purpose for which you provided the Company your phone number.
Please read carefully below regarding dispute resolution, jury trial waiver and mass arbitration in the event of a dispute regarding our Mobile Text Messaging Program.
TABLE OF CONTENTS
1. Changes to Mobile Terms
Bealls may change this U.S. Mobile Text Messaging Program Terms from time to time. If we make changes, we will notify you by revising the Effective Date above and, when required by applicable law, we may provide you with other forms of notice (such as by adding a statement to our homepage or sending you a notification).
2. Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. Only United States mobile numbers are eligible to participate. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Mobile Terms. Bealls, Bealls Florida, and Bealls Rewards reserves the right to stop offering the Service at any time with or without notice. Bealls, Bealls Florida, and Bealls Rewards also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
By opting into the Service, you:
3. Content You May Receive
Once you affirm your choice to opt-in to the Service on 58509 or 68569, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:
Once you affirm your choice to opt-in to the Service on 38269, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:
4. Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Bealls, Bealls Florida, and Bealls Rewards may add or remove any wireless carrier from the Service at any time without notice. Bealls, Bealls Florida, and Bealls Rewards and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
5. To Stop the Service
To stop receiving text messages from Bealls, Bealls Florida, and Bealls Rewards, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 58509, 68569, or 38269 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Bealls, Bealls Florida, and Bealls Rewards. You can also contact us at GuestServices@beallsflorida.com or call 1-800-569-9038. These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.
6. Dispute Resolution, Jury Trial Waiver, and Arbitration
Any claim or cause of action arising out of your participation in or involvement with our Mobile Text Messaging Program or these Mobile Terms, or a breach thereof, shall be discussed by the parties in good faith, and the parties shall attempt to resolve the dispute in good faith. This expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., state law equivalents, or any other statute, regulation, or legal or equitable theory. The parties understand and agree that any dispute or claim or controversy will be resolved by binding mass arbitration, rather than in court, and that they are waiving the right to trial by jury. You agree that any dispute or claim or controversy shall not be brought on an individual-basis arbitration. You agree to have any unresolved claim or dispute against Bealls, Bealls Florida or Bealls Rewards resolved through mass arbitration as set forth below after first submitting the claim or dispute to mandatory non-binding mediation. You agree to attempt to resolve any claim or dispute through non-binding mediation before a mediator mutually agreeable to the parties and that the forum for any mediation hearing will be Manatee County, Florida. The parties will each bear their respective costs of mediation.
Bealls, Bealls Florida or Bealls Rewards may bring a lawsuit solely for injunctive relief or equitable remedies to stop unauthorized use of our intellectual property rights without first engaging in arbitration.
You may only resolve disputes with Bealls on an individual basis if your claim qualifies for small claims court in a location where jurisdiction and venue over you and Bealls is proper, in which case you may initiate proceedings in small claims court. You may also litigate any dispute in small claims court in your county of residence or Manatee County, Florida. Regardless, in the event of a dispute, you shall notify Bealls (see contact info below) setting forth the name, address and contact information, the facts giving rise to the dispute and the relief requested from Bealls and you will then attempt to resolve the dispute through informal negotiations with Bealls within sixty (60) days from the date of your notice of dispute after which you may commence your litigation.
If a claim or dispute is not resolved as a result of mediation, you agree to have any unresolved claim or dispute against Bealls whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this agreement, including the validity of this arbitration clause, resolved by binding mass, not individual-basis, arbitration by the American Arbitration Association. You agree that the forum for any such arbitration proceeding shall be held in Bradenton, Florida. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at the American Arbitration Association at 2200 Century Parkway, Suite 300, Atlanta, GA 30345-3203.
How Arbitration Works. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879 ). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Florida and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in the county you reside, as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury. We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
7. Class Action Waiver
To the fullest extent permissible by applicable law, no dispute may be joined with another lawsuit or with a dispute of any other person/guest and all parties to the suit must be individually named. To the fullest extent permissible by applicable law, there shall be no right or authority for any dispute to be litigated on a class action or consolidated basis or bases involving a dispute brought in a purported representative capacity on behalf of the general public (such as a private attorney general action), other persons/guests, or other persons/guests similarly situated.
8. Contact Us
You can text HELP for help at any time to 58509, 68569, or 38269. This will provide you with contact information for customer service at GuestServices@beallsflorida.com or 1-800-569-9038. You can also contact us at, Bealls, P.O. Box 25207, Bradenton, FL 34206-5207.
