Text Message Program Terms & Conditions and Arbitration Agreement

The Edmentum recurring text message service (“Text Program”) is owned and operated by Edmentum Inc. (“Edmentum”, “we,” “us,” or “our”). These Text Message Program Terms and Conditions (“Text Program Terms”) govern your use of the Text Program. Our EDMENTUM – PRIVACY POLICY also applies to your use of the Text Message Program. The Text Program Terms are in addition to and not in lieu of any terms of license or use in any contract you might have with us and the Privacy Policy.

These Terms May Change
We may amend these Text Program Terms and modify or cancel the Text Program or any of its features without notice.

Text Program Basics and Fees
Edmentum does not charge for the Text Program, but you are responsible for all charges and fees associated with text messaging that may be imposed by your mobile operator. Standard message and data rates may apply. Text messages may be sent using an automatic telephone dialing system and using short message service (SMS) or multi-media messaging service (MMS) technology. Your consent to receive text messages is not required as a condition of purchasing or licensing any goods or services from Edmentum.

Opt-In to Text Program
If you would like to participate in the Text Program, then you must opt-in to receive text messages. If you have opted-in to the Text Program, Edmentum may provide alerts, information, specials, announcements, promotions, other marketing offers and educational program opportunities via text messages through your wireless provider to the mobile phone number you provided. You can expect to receive recurring autodialed marketing messages from Edmentum.

Requirements
You must be the mobile phone account holder and at least 18 years of age or have a parent or guardian's permission in order to participate.

Cancellation
At any time, you may stop receiving our texts by replying “STOP” to a text message from Edmentum. You will receive a one-time opt-out confirmation text message. If you decide to opt-out, after that, you will not receive any future messages.

Valid Mobile Phone Number
You must provide us with a valid mobile phone number. If you change your mobile phone number, you agree to opt out of the Text Program prior to changing your mobile phone number.

Indemnification
In addition to any other indemnification obligations you have as set forth in any terms of license or use in any contract you might have with us, you agree to indemnify, defend, and hold Edmentum and its affiliates, and its and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Text Program and harmless from any third party claims, liability, damages or costs arising from your use of the Text Program or from you providing us with a mobile phone number that is not your own.

Limitation on Liability
IN ADDITION TO ANY LIMITATIONS ON OUR LIABILITY AS SET FORTH IN THE TERMS OF USE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, EDMENTUM AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILED, DELAYED, OR MISDIRECTED DELIVERY OF ANY INFORMATION SENT THROUGH THE TEXT PROGRAM, ANY ERRORS IN SUCH INFORMATION, AND/OR ANY ACTION YOU MAY OR MAY NOT TAKE IN RELIANCE ON THE INFORMATION OR TEXT PROGRAM.

ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
Mandatory Binding Individual Arbitration. Except as expressly provided below, you agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between you and Edmentum (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”). Waiver of Class Actions. You and Edmentum each agree that each party will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.

Waiver of Jury Trial. Each party waives its constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.

Opt-out. You may opt out of this Arbitration Agreement if you send Edmentum a signed, written opt-out notice within thirty (30) days of the initial text you receive. Any opt-out notice shall be sent to Edmentum at: Edmentum Customer Service, 5600 West 83rd Street, Suite 300, 8200 Tower, Bloomington, Minnesota 55437. Small Claims Not Subject to Arbitration. Either party may bring individual Claims in small claims court.

Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator. Arbitration Provider. Each party will initiate arbitration before JAMS, Inc. (“JAMS”) or any successor to JAMS, which is an alternative dispute resolution provider (“ADR Provider”). In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case.

Arbitration Rules. The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. Arbitration Location. If an in-person hearing is required, then it will take place in Minneapolis, MN, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings).

Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.

Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.

Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law. Confidentiality. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.

Canadian Residents Only. Laws of certain provinces of Canada limit or prohibit required arbitration and waivers of class actions; accordingly, the Arbitration Agreement is limited or restricted, if at all, for applicable Canadian residents to the extent of applicable Canadian laws.