Text Messaging Terms & Conditions
Last Updated : August 31, 2022
This is a binding agreement between you and Belk, Inc., along with its subsidiaries (hereinafter "Belk," "We," "Us," "Our"). Belk is offering a text messaging program (the "Program"), which you agree to use and participate in subject to these Text Messaging Terms and Conditions (these "Terms"). By opting into or participating in any of our Programs, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us or with any affiliates, subsidiaries, parents, members, shareholders, agents, officers, managers, directors, representatives, heirs, executors, successors and assigns through binding, individual-only arbitration, as detailed in the "Dispute Resolution and Arbitration; Class Action Waiver " section below.
Modification of Terms: We reserve the right to revise these Terms from time to time. If we do revise these Terms, the revised terms will supersede prior revisions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. Any updates to these Terms shall be communicated to you by mobile message with a link to the updated Terms. Your continued participation in the Program after receiving notice of the updated Terms constitutes your acceptance of any revisions. If you do not agree to the revisions, you must opt out of the Program.
User Opt In: The Program allows users to receive mobile messages by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing messages (including cart reminders) at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. 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 messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to these Terms, you agree to reply "STOP," "QUIT," "END," "CANCEL," or "UNSUBSCRIBE," 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. Alternatively, you may opt out of the Program by sending an email to Belk_Customer_Care@belk.com. You understand and agree that the foregoing options are the only reasonable methods of opting out. 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.
Duty to Notify and Indemnify: If at any time you intend to stop using the telephone number used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by Us, or any party that assists in the delivery of the messages We send, as a result of claims brought by the individual(s) who is later assigned that telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US, OUR AFFILIATES, SUBSIDIARIES, PARENTS, MEMBERS, SHAREHOLDERS, AGENTS, OFFICERS, MANAGERS, DIRECTORS, REPRESENTATIVES, HEIRS, EXECUTORS, SUCCESSORS, AND ASSIGNS AND ANY THIRD-PARTY SERVICE PROVIDER WE USE TO SEND MESSAGES HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning Our commercial activities and your relationship with Us, including, but not limited to, messages concerning product updates, product advertisements, and promotions of any kind.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. You may receive multiple text messages daily.
Support Instructions: For support regarding the Program, visit us at a retail location or email Us at Belk_Customer_Care@belk.com.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
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 carrier. We will not be liable for any delays or failures in the receipt of any messages connected with the Program. Delivery of messages is subject to effective transmission from your service provider/network operator, and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) and that, if you are a minor in your jurisdiction, you have received consent from a parent or guardian before joining the Program. By using or engaging with the Program, you also represent that you are permitted by your jurisdiction's applicable law to use and/or engage with the Program.
Truthful and Accurate Information: When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
Dispute Resolution and Arbitration; Class Action Waiver
PLEASE READ THE FOLLOWING SECTIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. Belk is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. Belk's Customer Service Representatives are ready to assist you and address your concerns. Please email Belk_Customer_Care@belk.com or call 1-866-235-5443. In the event that our customer service team is unable to resolve your concern, you may pursue disputes as detailed in the sections below.
A. Pre-Arbitration Claim Resolution - For all disputes, you must first give Belk an opportunity to resolve the dispute by emailing or writing us at Customer_Resolution@belk.com or 2801 West Tyvola Road, Charlotte, NC 28217, Attn: General Counsel, and providing the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
B. Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver - Any claim between you and Belk arising under these Terms, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration. To the extent allowed by applicable law, you agree that you will bring any claim within two (2) years from the date on which such claim or action arose or accrued or it will be irrevocably waived. This provision is applicable in all states to the extent allowed by applicable law. You and Belk further agree that any dispute, whether at law or equity, arising out of or relating in any way to these Terms, your use of or access to the Platforms (other than unauthorized use), or to any products or services sold or distributed by Belk, whether in-store, over the phone, or online, including, but not limited to, the advertising of, or sales practices and pricing relating to, products, services, delivery, and any communication, by whatever means, between you and Belk, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration. Disputes and claims that are within the scope of a small claims court's authority and claims related to intellectual property, patents, copyrights, moral rights, trademarks and claims of piracy or unauthorized use of our Platforms or services are exempt from this dispute resolution provision, so long as they are brought on an individual basis and not by way of a class or collective action. Any dispute regarding the enforceability or applicability of this Arbitration Agreement shall be decided by the arbitrator.
You and Belk agree that any arbitration under this agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.
YOU AND BELK AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS, YOU AND BELK ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. In the absence of this provision, you and Belk might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be limited or may be waived.
This agreement to arbitrate extends to claims that you assert against other parties, including, without limit, claims against Belk's affiliates and related entities.
The agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of these Terms and the termination of your account with Belk or your discontinued use of the Platforms. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Belk both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
C. Arbitration Procedures - If any dispute between you and Belk is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Belk may initiate arbitration proceedings. The arbitration will be administered by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. To begin an arbitration proceeding, you must send a demand to the AAA describing your claim and serve a copy of the demand on Belk's registered agent for service of process, National Registered Agents, Inc., 160 Mine Lake Court, Suite 200, Raleigh, North Carolina 27615, United States. The AAA's rules and the form for filing an arbitration claim are available at https://www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are unable to pay a filing fee, you will be relieved of the obligation to pay the filing fee, and any disputes in this regard will be decided by the arbitrator. Judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms 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 Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms 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.
Choice of Law: The Program is controlled and operated by Belk from its offices in Charlotte, North Carolina. The Federal Arbitration Act and applicable federal law (or, in the absence of applicable federal law, then the laws of the State of North Carolina), without regard to any conflict of law provisions, will govern these Terms and any disputes or claims between you and Belk. In any circumstances where the agreement to arbitrate permits the parties to litigate a dispute in court, any such dispute shall be resolved exclusively by, and you hereby agree to the exclusive jurisdiction of, the state and federal courts in the State of North Carolina.