Effective as of August 23, 2023
THESE SMS TERMS INCLUDE AN ARBITRATION CLAUSE IN PARAGRAPH 5 THAT REQUIRES THE USE OF MANDATORY BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN PARAGRAPH 5, YOU AGREE THAT DISPUTES WITH PROVIDENT METALS WILL BE RESOLVED PURSUANT TO THE PROVISIONS OF PARAGRAPH 5, AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A JURY TRIAL, ANY COURT PROCEEDINGS OR IN CLASS ACTIONS OF ANY KIND.
Enrollment in the SMS Service requires you to provide your mobile phone number. Please only provide your own mobile phone number. You may not enroll if you are under eighteen (18) years old. Before the SMS Service will start, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to the SMS Service and your agreement to these SMS Terms. By voluntarily providing your cell phone number to Provident Metals, you consent to receive transactional, operational, or informational text messages at that phone number, including but not limited to order confirmations, cart abandon messages and shipping and delivery notifications. Please note we may not be able to deliver messages to all mobile carriers. Consent to receive texts is not a condition of purchasing any goods or services, and you understand and agree that all text messages may be sent using automated technology. Message frequency varies.
You may opt out of receiving any further messages from us at any time (see details in Paragraph 3 below). For help, reply HELP to any text message you receive from Provident Metals, email us at here, or contact Provident Metals’ customer service department at (800) 313-3315.
In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation text message and all subsequent text message correspondence according to your individual rate plan provided by your wireless carrier (e.g., T-Mobile, AT&T, etc.). Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Service. Under no circumstances will we or our affiliates be responsible for any text messaging or wireless charges incurred by you or by a person who has access to your wireless device or telephone number.
The SMS Service may not be available on all wireless carriers. If your wireless carrier does not permit text messages, you may not receive the text messages. Provident Metals may add or remove any wireless carrier from the SMS Service at any time without notice. Customers may opt out of the SMS Service at any time (see details below in Paragraph 3). Neither Provident Metals nor the wireless carriers will be responsible for any undue delays or errors in messages, as delivery is subject to effective transmission from your network operator.
To stop receiving text messages from Provident Metals, you agree to reply STOP to the number sending the message. After replying STOP, you may receive additional communications confirming that your request has been received and processed, and you may continue to receive text messages for a short period while Provident Metals processes your request(s). If you opt out of one Provident Metals text messaging program, you will remain opted into other Provident Metals text messaging programs (if applicable) unless you opt out of those programs separately. If you require further assistance, text HELP to the number sending the message, email us here or contact Provident Metals’ customer service department at (800) 313-3315. Below is more information on the types of text messages you may receive, and how to opt out of text messages from Provident Metals. In all cases, consent to receive texts is not a condition of purchasing any goods or services, and message and data rates may apply.
After opting out of receiving text messages, you may re-enroll in any Provident Metals text messaging program by following the instructions for that program.
In the event that you change or deactivate the mobile phone number you have provided to us, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to resubscribe and to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you. Any new phone number(s) you attach to your account may receive our standard marketing text messages unless you also opt out via the procedure detailed above.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Waiver of Jury Trial. YOU AND PROVIDENT METALS EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). Such disputes include, but shall not limited to, those arising directly or indirectly or alleged to arise from, in relation to, or in any way in connection with your rights of privacy and publicity. Such disputes will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. You and Provident Metals agree not to combine a dispute that is subject to arbitration under these SMS Terms or the Terms and Conditions with a dispute that is not eligible for arbitration under these SMS Terms or the Terms and Conditions.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth herein.
Required Use of JAMS You agree that the arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) under the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Consumer Arbitration Minimum Standards in effect at the time the arbitration is initiated (collectively, the “JAMS Rules”). The arbitration will be presided over by a single neutral arbitrator selected in accordance with the JAMS Rules. The JAMS Rules, information regarding initiating an arbitration, and a description of the arbitration process are available at www.jamsadr.com. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the JAMS Rules.
Initiating Arbitration. If you intend to seek arbitration you must first send a written notice (the “Notice”), by certified U.S. Mail to the following:
If Provident Metals intends to seek arbitration, Provident Metals will send the Notice to the current billing address on your account with Provident Metals. The Notice must describe the nature and basis of the claim and the specific relief sought. If you and Provident Metals cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings.
Place to File Permitted Court Actions. If your dispute is related to intellectual property rights, or if the arbitration agreement is found to be unenforceable, you and Provident Metals agree and consent that such disputes will be resolved in the federal or state courts in the State of Texas, as applicable, and that you and Provident Metals agree to submit to personal jurisdiction and venue of the federal and state courts located in the State of Texas.
Time Limit to Commence Arbitration. You and Provident Metals agree that for any dispute (except intellectual property disputes), you or Provident Metals must commence an arbitration proceeding within one year after the dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the dispute first arose, the arbitration will be dismissed as untimely.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Provident Metals.
These SMS Terms may be updated by Provident Metals at any time without prior notice. By continuing to be enrolled in any Provident Metals promotional text messaging program, or by providing your cell phone number for transactional, operational, or informational text messages, you agree to any changes to the SMS Terms.
For questions about these SMS Terms or the SMS Service, please contact Provident Metals’ customer service department at (800) 313-3315 or email us here.