Copyright 2019 The Flower Bowl  Design and Development by Qonkur Media Group

THE FLOWER BOWL Mobile Marketing Alerts 
 

  • By enrolling in THE FLOWER BOWL Mobile Marketing alerts you consent to receive recurring autodialed marketing texts from or on behalf of THE FLOWER BOWL at the mobile number you’ve provided at to opt-in. You understand that consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from the THE FLOWER BOWL Mobile Marketing text list, visit flowerbowl.com/opt-out to opt-out. You can also opt-out of SMS marketing alerts by calling (734) 895-8753.

THE FLOWER BOWL SMS Informational Campaigns 
 

  • Up to 30 autodialed marketing message will be sent to your mobile number used. Message & data rates may apply. Consent is not a condition of purchase. Visit flowerbowl.com/help for help. The mobile carriers are not liable for delayed or undelivered messages.

THE FLOWER BOWL One-Time Offer Campaigns 
 

  • Up to 30 autodialed marketing message will be sent to your mobile number used. Message & data rates may apply. Consent is not a condition of purchase. Visit flowerbowl.com/help for help. The mobile carriers are not liable for delayed or undelivered messages.

THE FLOWER BOWL Promotional SMS

  1. After you opt-in to receive messages via online, in-person or kiosk, you can cancel the SMS service at any time by just visiting  flowerbowl.com/opt-out and entering the phone number. After this, you will no longer receive SMS messages from our promotional department. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

  2. We are able to deliver messages to the following mobile phone carriers:

Major carriers: AT&T, Verizon Wireless, Sprint, and T-Mobile USA.

Minor carriers: Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless).

  1. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency depends on the user's interaction. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Additional SMS Terms

IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ENROLLING IN THE THE FLOWER BOWL MOBILE ALERTS. BY PARTICIPATING IN ANY OF THE FLOWER BOWL’S MOBILE ALERT PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE TERMS AND CONDITIONS AS WELL AS THE FLOWER BOWL’S TERMS OF USE AND PRIVACY POLICY. FURTHERMORE, THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH THE FLOWER BOWL ARE RESOLVED.

By participating in any of THE FLOWER BOWL’s mobile alert programs, you consent to receive recurring autodialed marketing texts at the mobile number that’s been provided at opt-in. Consent is not a condition of purchase.

In the event that you change or deactivate your mobile number, please visit flowerbowl.com/opt-out to remove your number.

T-Mobile is not liable for delayed or undelivered messages.

You can view our privacy policy by visiting: https://www.THE FLOWER BOWL.com/privacy-policy

 

Additionally, THE FLOWER BOWL reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under these alert programs. We may notify you via email or text if we change the frequency and provide you with the opportunity to opt-out.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights.

Any dispute or claim relating in any way to your use of THE FLOWER BOWL will be resolved by binding arbitration, rather than court.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and THE FLOWER BOWL or THE FLOWER BOWL's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or THE FLOWER BOWL may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

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 FLOWER BOWL 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 JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS 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 JAMS 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.

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE FLOWER BOWL ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND THE FLOWER BOWL 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.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Michigan, or any other location we mutually agree to, subject to Michigan law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent 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.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing THE FLOWER BOWL at help@flowerbowl.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 THE FLOWER BOWL SMS Terms & 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.

Changes to Additional Contract Terms

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, 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.

Applicable Law

Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Michigan.

Severability

If any term of this agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.

Changes to Terms

These terms and conditions are subject to change at any time by THE FLOWER BOWL without notice.