The Polo Room Palm Beach Messaging Terms & Conditions
The THE POLO ROOM PALM BEACH (hereinafter, "We," "Us," "Our") is offering a
mobile messaging program (the "Program"), which you agree to use and participate in
subject to these Mobile Messaging Terms and Conditions and THE POLO ROOM
PALM BEACH Messaging Privacy Policy. By opting in to or participating in any of our
Programs, you accept and agree to these terms and conditions, including, without
limitation, your agreement to resolve any disputes with us through binding, individual-
only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement
is limited to the Program and is not intended to modify other Terms and Conditions or
Privacy Policy that may govern the relationship between you and Us in other contexts
(including those in the "Other Terms and Policies" section below). Regardless of the
opt-in method you utilized to join the Program, you agree that this Agreement applies to
your participation in the Program.
1. User Opt In. You agree to receive recurring automated promotional and personalized
marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from THE POLO
ROOM PALM BEACH, including text messages that may be sent using an automatic
telephone dialing system, to the mobile telephone number you provided when signing
up or any other number that you designate. By providing your phone number, you
represent and warrant that you are providing your own phone number, and not
someone else’s, and that you are a legally-authorized user of this phone number.
Consent to receive automated marketing text messages is not a condition of any
purchase. While you consent to receive messages sent using an autodialer, the
foregoing shall not be interpreted to suggest or imply that any or all of Our mobile
messages are sent using an automatic telephone dialing system ("ATDS" or
"autodialer"). Message and data rates may apply. Message frequency varies.
Further, You authorize your wireless carrier to use or disclose information about your
account and your wireless device, if available, to THE POLO ROOM PALM BEACH or
its service provider(s) for the duration of your business relationship, solely to help them
identify you or your wireless device and to prevent fraud. See our Messaging Privacy
Policy for how we treat your data.
2. User Opt Out. If you do not wish to continue participating in the Program or no longer
agree to this Agreement, you agree to reply STOP to any mobile message from Us in
order to opt out of the Program. You may receive an additional mobile message
confirming your decision to opt out. You understand and agree that the foregoing
options are the only reasonable methods of opting out. You acknowledge that our text
message platform may not recognize and respond to unsubscribe requests that alter,
change, or modify the STOP keyword commands, such as the use of different spellings
or the addition of other words or phrases to the command, and agree that THE POLO
ROOM PALM BEACH and its service providers will have no liability for failing to honor
such requests. You also understand and agree that any other method of opting out,
including, but not limited to, texting words other than those set forth above or verbally
requesting one of our employees to remove you from our list, is not a reasonable means
of opting out.
3. Other Terms and Policies. You also agree to our Messaging Privacy Policy and our
Primary Privacy Policy (thepoloroompalmbeach.com).
4. Program Description: Without limiting the scope of the Program, users that opt into
the Program can expect to receive messages concerning the marketing, promotion,
payment, customer support, delivery (including order confirmations, tracking
information, and shipping updated via email), other transactional-related messages and
sale of our products. Messages may include checkout reminders.
5. Message Frequency, Cost and Changes. Message and data rates may apply. You
agree to receive messages periodically at Our discretion. Daily, weekly, and monthly
message frequency will vary. We reserve the right to alter the frequency of messages
sent at any time, so as to increase or decrease the total number of sent messages. We
also reserve the right to change the short code or phone number from which Our
messages are sent.
6. Support Instructions. For support regarding the Program, text "HELP" to the
number you received messages from or email us at support@thepoloroom.com. Please
note that the use of this email address is not an acceptable method of opting out of the
program. Opt outs must be submitted in accordance with the procedures set forth
above.
7. MMS Disclosure. The Program will send SMS TMs (terminating messages) if your
mobile device does not support MMS messaging.
8. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may
not be available in all areas at all times and may not continue to work in the event of
product, software, coverage or other changes made by your wireless carrier. 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. Carriers are
not liable for delayed or undelivered mobile messages.
9. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile
devices or handsets may be supported and our messages may not be deliverable in all
areas. THE POLO ROOM PALM BEACH, its service providers and the mobile carriers
supported by the program are not liable for delayed or undelivered messages.
10. Contact. This Program is a service of THE POLO ROOM PALM BEACH , 251
Sunrise Ave, Palm Beach, FL 33480
11. Age Restriction: You may not use or engage with the Platform if you are under
thirteen (13) years of age. If you use or engage with the Platform and are between the
ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or
legal guardian’s permission to do so. By using or engaging with the Platform, you
acknowledge and agree that you are not under the age of thirteen (13) years, are
between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal
guardian’s permission to use or engage with the Platform, or are of adult age in your
jurisdiction. By using or engaging with the Platform, you also acknowledge and agree
that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with
the Platform.
12. Prohibited Content: You acknowledge and agree to not send any prohibited
content over the Platform. Prohibited content includes:
• - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or
stalking activity;
• - Objectionable content, including profanity, obscenity, lasciviousness, violence,
bigotry, hatred, and discrimination on the basis of race, sex, religion,
nationality, disability, sexual orientation, or age;
• - Pirated computer programs, viruses, worms, Trojan horses, or other harmful
code;
• - Any product, service, or promotion that is unlawful where such product, service,
or promotion thereof is received;
• - Any content that implicates and/or references personal health information that is
protected by the Health Insurance Portability and Accountability Act ("HIPAA")
or the Health Information Technology for Economic and Clinical Health Act
("HITEC" Act); and
• - Any other content that is prohibited by Applicable Law in the jurisdiction from
which the message is sent.
13. Dispute Resolution. In the event that there is a dispute, claim, or controversy
between you and Us, or between you and Big Company AI, Inc d/b/a BigCo. or any
other 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, this Agreement, 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, to the fullest
extent permitted by law, determined by arbitration in New York , NY before one
arbitrator. No class actions. YOU UNDERSTAND AND AGREE THAT, BY AGREEING
TO THIS AGREEMENT, YOU AND THE POLO ROOM PALM BEACH ARE EACH
WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS
ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED
BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to submit the
dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the
American Arbitration Association ("AAA") then in effect. Except as otherwise provided
herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in
which THE POLO ROOM PALM BEACH Company’s principle place of business is
located, without regard to its conflict of laws rules. Within ten (10) calendar days after
the arbitration demand is served upon a party, the parties must jointly select an
arbitrator with at least five years’ experience in that capacity and who has knowledge of
and experience with the subject matter of the dispute. If the parties do not agree on an
arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an
arbitrator, who must satisfy the same experience requirement. In the event of a dispute,
the arbitrator shall decide the enforceability and interpretation of this arbitration
agreement in accordance with the FAA. The parties also agree that the AAA’s rules
governing Emergency Measures of Protection shall apply in lieu of seeking emergency
injunctive relief from a court. The decision of the arbitrator shall be final and binding,
and no party shall have rights of appeal except for those provided in section 10 of the
FAA. Each party shall bear its share of the fees paid for the arbitrator and the
administration of the arbitration; however, the arbitrator shall have the power to order
one party to pay all or any portion of such fees as part of a well-reasoned decision. The
parties agree that the arbitrator shall have the authority to award attorneys’ fees only to
the extent expressly authorized by statute or contract. The arbitrator shall have no
authority to award punitive damages and each party hereby waives any right to seek or
recover punitive damages with respect to any dispute resolved by arbitration. The
parties agree to arbitrate solely on an individual basis, and this agreement does
not permit class arbitration or any claims brought as a plaintiff or class member
in any class or representative arbitration proceeding. Except as may be required by
law, neither a party nor the arbitrator may disclose the existence, content, or results of
any arbitration without the prior written consent of both parties, unless to protect or
pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if THE
POLO ROOM PALM BEACH makes any future change to this arbitration provision, you
may reject the change by sending Us written notice within 30 days of the change to THE
POLO ROOM PALM BEACH, 251 Sunrise Ave, Palm Beach, FL 33480, United States,
in which case this arbitration provision, as in effect immediately prior to the changes you
rejected, will continue to govern any disputes between you and THE POLO ROOM
PALM BEACH.
If any term or provision of this Section is invalid, illegal, or unenforceable in any
jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or
provision of this Section or invalidate or render unenforceable such term or provision in
any other jurisdiction. If for any reason a dispute proceeds in court rather than in
arbitration, the parties hereby waive any right to a jury trial. This arbitration provision
shall survive any cancellation or termination of your agreement to participate in any of
our Programs.
14. State Law:
• Florida: We endeavor to comply with the Florida Telemarketing Act and the
Florida Do Not Call Act as applicable to Florida residents. For purposes of
compliance, you agree that we may assume that you are a Florida resident if,
at the time of opt-in to Program, (1) your shipping address, as provided is
located in Florida or (2) the area code for the phone number used to opt-into
the Program is a Florida area code. You agree that the requirements of the
Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you,
and you shall not assert that you are a Florida resident, if you do not meet
either of these criteria or, in the alternative, do not affirmatively advise us in
writing that you are a Florida resident by sending written notice to us. Insofar
as you are a Florida resident, you agree that mobile messages sent by Us in
direct response to mobile messages or requests from You (including but are
not limited to response to Keywords, opt-in, help or stop requests and shipping
notifications) shall not constitute a “telephonic sales call” or “commercial
telephone solicitation phone call” for purposes of Florida Statutes Section 501
(including but not limited to sections 501.059 and 501.616), to the extent the
law is otherwise relevant and applicable.
• New Jersey: n our efforts to comply with the New Jersey telemarketing law, (as
applicable to New Jersey residents), you agree that we may assume that you
are a New Jersey resident if, at the time of opt-in to the Program, the area
code for the phone number used to opt-into the Program is a New Jersey area
code. You agree that the requirements of the New Jersey telemarketing statute
do not apply to you, and you shall not assert that you are a New Jersey
resident, if you do not meet this criteria or, in the alternative, do not
affirmatively advise Us in writing that you are a New Jersey resident. Insofar as
you are a New Jersey resident, you agree that mobile messages sent by Us in
direct response to mobile messages or requests from you (including but are
not limited to response to Keywords, opt-in, help or stop requests and shipping
notifications) shall not constitute an “unsolicited telemarketing sales call” or
“telemarketing sales call” for purposes of New Jersey Statute Title 56, Chapter
8 (including but not limited to section 56:8-128.), to the extent the law is
otherwise relevant and applicable. Additionally, in efforts to comply with section
56:8-128, we will state Our company name (or any D/B/A of Ours) at the start
of every message We send to you.
• Washington: To the extent the law is relevant and applicable to the Program, we
endeavor to comply with the commercial telephone solicitation requirements
pursuant to the Revised Code of Washington (RCW) (including but not limited
to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to
Washington residents. For purposes of compliance, you agree that we may
assume that you are a Washington resident if, at the time of opt-in to the
Program, the area code for the phone number used to opt-into the Program is
a Washington area code.
• Oklahoma: We endeavor to comply fully with the Oklahoma Telephone
Solicitation Act of 2022 as applicable. For purposes of compliance, you agree
that we may assume that you are an Oklahoma resident and are currently
located in the state of Oklahoma if, at the time of opt-in to Program, the area
code for the phone number used to opt-into the Program is an Oklahoma area
code. If the area code for the phone number used to opt-into the Program is
not an Oklahoma area code, or, in the alternative, if you do not affirmatively
send written notice to Us advising that you reside or are currently located in
Oklahoma, you agree that the requirements of the Oklahoma Telephone
Solicitation Act do not apply to you, and further agree that you will not assert
that you are an Oklahoma resident, nor assert you are located in the state of
Oklahoma at the time of receiving a communication from Us. Insofar as you
are an Oklahoma resident or are otherwise subject to the laws of Oklahoma,
you agree: (1) that mobile messages sent by Us in direct response to any form
of message or request from You (including but are not limited to responses to
Keywords, opt-in, help or stop requests and shipping notifications) shall not
constitute a “telephonic sales call” or “commercial telephone solicitation phone
call” for purposes of Oklahoma Statutes Title 15 (including but not limited to
sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is
otherwise relevant and applicable; (2) that you have only opted-in to the
Program with one phone number and that We can rely on the fact that mobile
messages sent to any other phone number are being sent to other persons;
and (3) that you will opt-out of the Program prior to any termination of the
phone number used to opt-into the Program and that without such opt-out we
can rely on the fact that messages sent to the number are sent to you with your
consent as described above.
16. Miscellaneous. You warrant and represent to Us that you have all necessary rights,
power, and authority to agree to the terms 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 this Agreement is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum extent necessary so
that the terms of 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 terms unless explicitly stated otherwise in writing. We reserve the
right to change these terms from time to time. Any updates to this Agreement shall be
communicated to you. Prior to such communication, the terms of this Agreement in
effect as last made available to you immediately prior to your receipt of the notice will
continue to govern our relationship. You acknowledge your responsibility to review this
Agreement 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 this Agreement, as modified.