Messaging Terms
By submitting your email address or your cellular phone number to Armstrong McCall of North Texas (AmcoNTX), whether on our web site or otherwise, you are agreeing to receive messages from us accordance with the following terms and conditions. You don’t have to agree to receive messages from AmcoNTX in order to do business with us.
General terms
You must be 18 years or older to participate in our messaging programs. Any messages you send to AmcoNTX become our property. No remuneration to you is implied or offered. AmcoNTX is not liable for delayed or undelivered messages. We use reasonable efforts to ensure the accuracy of information and offer terms in our messages. We are not responsible for errors.
If you enroll in a customer loyalty program such as those operated by Fivestars or various manufacturers, you may choose to provide your postal address, email address or phone number to the third party that operates the particular customer loyalty program. AmcoNTX is not responsible for communications to you from those third parties. They are responsible for their own communications practices and policies. If you want those third parties to stop sending you communications, you must contact them directly.
If you supply us with your postal address, you may receive mailings from us with information such as special promotions, new product releases or educational opportunities. If you want us to stop sending you such mailings, please let us know by e-mailing us at customerservice@amcontx.com. Requests to remove you from our marketing lists may take up to six weeks to fulfill. If you receive postal mail from us during this six-week period, please disregard the mail.
If you supply us with your email address, we will use it to respond to your email inquiries and to send you information such as the status of your orders, special promotions, new product releases or educational opportunities. If you do not want to receive marketing e-mail from us in the future, you may unsubscribe using the link at the bottom of our emails or by sending an email to customerservice@amcontx.com. Requests to remove your e-mail address from our marketing lists may take up to two weeks to fulfill.
We use your telephone number to uniquely identify you in our customer account system. You do not have to provide us with a telephone number, but it may affect how quickly we can provide service to you. We also use your telephone number to communicate with you, such as by making voice calls to you and sending you text messages, as described below. You do not have to provide us with a cellular phone number if you prefer to not receive text messages.
Changing or deactivating your phone number
If you change or deactivate your telephone number, please contact AmcoNTX at customerservice@amcontx.com to remove your old number from our lists. That helps us to avoid unintentionally contacting the new owner of that telephone number without their permission.
Voice messages
If you supply us with your phone number, we will occasionally use it to call you with information such as the status of your orders, special promotions, new product releases or educational opportunities. We do not use autodialers or place robotic calls. If you are unavailable, we may leave you a voice message. If you do not want to receive marketing calls from us, you may send an email to customerservice@amcontx.com. Requests to remove your phone number from our marketing lists may take up to two weeks to fulfill.
Text messages
If you supply us with your cellular phone number, we may occasionally use it to send you SMS or other text messages containing information such as the status of your orders, special promotions, new product releases or educational opportunities. If you do not want to receive text messages from us, you may reply STOP or you may send an email to customerservice@amcontx.com. Requests to remove your phone number from our marketing lists may take up to two weeks to fulfill.
AmcoNTX does not charge you for this service, but you may be charged by your cellular service provider. YOUR SERVICE PROVIDER’S MESSAGE AND DATA RATES MAY APPLY. By supplying your cellular phone number, you are confirming that you are the account holder or that you are authorized by the account holder to incur these charges. Not all cell phone models or operating systems are capable of receiving text messages. Not all cellular service providers support text messaging. Check your mobile service terms and conditions.
Additional text messaging use terms
IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ENROLLING IN AMCONT TEXT MESSAGING SERVICES. THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH AMCONTX ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THESE TERMS.
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 AmcoNTX messaging services 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 AmcoNTX or our owners, managers, officers, employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or AmcoNTX may take claims to small claims court if the dispute qualifies for hearing by such a 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 AmcoNTX 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 Consumer 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 AMCONTX 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 AMCONTX 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, except that for claims of less than $1,000, you will be obligated to pay $25 and AmcoNTX will pay all other administrative costs and fees. In addition, for claims of less than $1,000, AmcoNTX will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in Dallas County and is subject to Texas 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 AmcoNTX on your behalf.
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 paragraph 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.
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.
Changes to Terms
These terms are subject to change by AmcoNTX at any time without notice other than by posting the updated terms on www.amcontx.com.