Messaging Terms & Conditions
By providing your phone number and email address and opting in, you are enrolling in Replacements, Ltd.'s ("Replacements") Messaging Service (the "Service") and agreeing and accepting the following terms and conditions (“Terms and Conditions”) and Replacements’ general terms at replacements.com/terms, which become effective upon your enrollment. You understand and agree that providing your phone number and email address and opting in constitutes your valid and binding signature.
When you opt in, you are giving your express written consent to participate in the Service and a certification that you are age 18 or older. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
The Service is a subscription service provided free of charge, but YOUR SERVICE PROVIDER'S MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for all message or data charges that you incur by virtue of participating in the Service. You agree you may receive recurring automated promotional and personalized marketing and nonmarketing text (e.g., SMS, MMS, and RCS) messages (e.g. cart reminders), including messages that may be sent using an "automatic telephone dialing system" (as defined in the Telephone Consumer Protection Act, 47 U.S.C. § 227(a)(1)) and/or AI-assisted technology, from Replacements to the mobile telephone number you provided or any other number that you designate. You agree that you consent to receive such messages regardless of any state or federal time-of-day restrictions and/or the presence of your telephone number on any state or federal Do Not Call list/registry. Consent to receive text messages is not required to complete a transaction with Replacements.
The Service may include multiple text messages or emails related to the status of your merchandise or order or, depending on your preferences, information about our products or promotions. Message frequency will vary depending on the status of your merchandise or order or your marketing communication preferences. Replacements reserves the right to alter the frequency of messages sent at any time, to increase or decrease the total number of sent messages. Replacements also reserves the right to change the short code, phone number, or email address from which messages are sent, and we will notify you if we do so. You acknowledge and understand that whoever has access to the email account or mobile phone or carrier account associated with the email address and phone number you provided will be able to see the information contained in messages from the Service. You acknowledge and understand that the messages are sent without encryption, which may present some security risks.
THIRD PARTY DOCUMENTATION APPLIES: If you subscribed to the Service as a customer selling to Replacements, a third party, Twilio Inc. ("Twilio"), provides technology to Replacements for use in connection with the Service as it relates to text messages. You acknowledge and agree that Twilio’s Terms of Service, Acceptable Use Policy, and Privacy Statement are also applicable and govern your participation in the Service.
If you subscribed to the Service as a customer buying from Replacements, a third party, Insider One (“Insider One”), provides technology to Replacements for use in connection to the Service as it relates to text messages. You acknowledge and agree that Insider One's Terms & Conditions, Content Policy, and Privacy Policy are also applicable and govern your participation in the Service.
DISCLAIMER OF WARRANTIES: Replacements, its service providers, and the mobile carriers or internet providers supported by the program are not liable for delayed or undelivered messages.
The Service is compatible with many geographic areas, wireless carriers, internet providers and mobile devices but may not be compatible with all areas, carriers, or mobile devices. The Service is offered on an "as is" basis, and Replacements will not be liable for any delays in the receipt or nonreceipt of any messages. The Service (1) may not be available in all areas or through all wireless carriers or internet providers at any or all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier or internet provider. Replacements in its sole discretion may change or discontinue the Service without notice or liability to you. Delivery is subject to effective transmission from your network operator and is outside of Replacements' control.
PRIVACY: Replacements will maintain and use any information you provide through the Service in accordance with Replacements' Privacy Policy. You hereby acknowledge and agree to the Privacy Policy by participating in the Service. We may share certain information with our service providers, including Insider One, as described in our Privacy Policy.
OPTING OUT: You may opt out of text messages at any time by texting "STOP," "UNSUBSCRIBE," "CANCEL," "END," “REVOKE,” "QUIT," or “OPT OUT” to the number provided with the Service. You may receive an additional text message confirming your decision to opt out. You may opt out of receiving emails by clicking on the link in the bottom of an email. You understand and agree that the foregoing options are the only reasonable and exclusive methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words or phrases other than those set forth above or replying to an email is not a reasonable means of opting out and that Replacements and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text or email message programs, you may continue to receive messages from Replacements through any other programs you have joined until you separately unsubscribe from those programs.
CUSTOMER CARE FOR BUYING CUSTOMERS: If you are a customer buying from Replacements and you are experiencing any problems relating to text messages, please email our Customer Care Department at [email protected]. You may also text "HELP" to the number provided with the Service to receive customer care contact information.
GOVERNING LAW AND JURY WAIVER: Except as set forth in the Arbitration Agreement section below, all matters arising out of or related to these Terms & Conditions will be governed by the applicable laws of the United States of America and the laws of the State of North Carolina, without regard to North Carolina's choice of law principles. Unless you and Replacements agree otherwise, in the event that it is determined or these Terms & Conditions provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in small claims court in Guilford County, North Carolina) shall be resolved solely and exclusively in the United States District Court for the Middle District of North Carolina, and you submit to the personal jurisdiction of that court and waive all objections for convenience or otherwise. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the Middle District of North Carolina for any such claim, then the sole and exclusive forum and venue for any such action shall be the North Carolina Superior Court for Guilford County, and you submit to the personal jurisdiction of that court and waive all objections for convenience or otherwise. As to any proceeding in court, you waive your right to a jury trial, unless such waiver is unenforceable.
The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.
LIMITATION ON TIME TO FILE CLAIMS: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN 18 MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY. YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
AGREEMENT TO BINDING ARBITRATION: Replacements and you agree that in the event of any claim, dispute, or controversy, regardless of form and whether in contract, tort, statute, or otherwise, arising out of or relating to, or connected in any way with (A) the Service or any of your communications, interactions, or transactions with us, or (B) the breach, interpretation, application, termination, non‑performance, enforcement, violation, or validity of these Terms & Conditions, shall be resolved solely and exclusively by final and binding arbitration (the Arbitration Agreement). Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, applicability, interpretation, enforcement, or scope of this Arbitration Agreement, including without limitation the waiver of the right to seek class arbitration herein, shall be submitted to and ruled on by the arbitrator.
EXCEPTIONS TO ARBITRATION: Notwithstanding the foregoing, in lieu of arbitration you or Replacements can bring an individual claim in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim. Any such claim shall be subject to the sole and exclusive jurisdiction of the small claims court in Guilford County, North Carolina, and you hereby consent to personal jurisdiction in such court and waive any objections for convenience or otherwise.
In lieu of arbitration you may also file a complaint with the Better Business Bureau consistent with any applicable rules and requirements that may apply, provided that it is filed and maintained as an individual complaint.
You also agree that you or Replacements may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any such claim shall be subject to the sole and exclusive jurisdiction of the United States District Court for the Middle District of North Carolina, and you hereby consent to personal jurisdiction in such court and waive any objections for convenience or otherwise.
JURY TRIAL AND CLASS ACTION WAIVER: Except as these Terms & Conditions otherwise provide, you and Replacements acknowledge and agree that you are each waiving the right to a trial by jury. You and Replacements also agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and you and Replacements expressly waive their right to file a class action or seek relief on a class basis in any forum. You and Replacements may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may bring claims against the other only in their individual capacity.
The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
If any court or arbitrator determines that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the Arbitration Agreement will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.
GOVERNING LAW & RULES: The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (FAA), will govern the interpretation and enforcement of the Arbitration Agreement. If the FAA is found not to apply to any issue that arises under the Arbitration Agreement, then that issue shall be resolved under the laws of the State of North Carolina.
The arbitration will be conducted under the then current and applicable rules of the American Arbitration Association (AAA). The AAA rules are available online at www.adr.org.
ARBITRATION PROCEDURE: If you intend to seek arbitration with us, you must send a written notice (Notice) by certified mail to:
Replacements, Ltd.
Attn: Legal Department
PO Box 26029
Greensboro, NC 27420-6029
If we intend to seek arbitration, we will send a Notice to the latest address that we have on file for you. The Notice must describe the nature and basis of the claim and the specific relief sought. If you and Replacements cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to Replacements at:
Replacements, Ltd.
Attn: Legal Department
PO Box 26029
Greensboro, NC 27420-6029
Replacements will send such copy to the latest address we have on file for you, or to your attorney if you have retained one.
MICELLANEOUS TERMS: You represent and warrant that you have all necessary rights, power, and authority to agree to these Terms and Conditions and perform your obligations hereunder, and nothing herein 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 and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements related to the Service shall be subject to these Terms and Conditions unless explicitly stated otherwise in writing. We reserve the right to change these Terms and Conditions from time to time, without prior notice to you. You acknowledge your responsibility to review these Terms and Conditions from time to time and to be aware of any such changes. By continuing to participate in the Service after any such changes, you accept these Terms and Conditions, as modified.
CONTACT: The Service is a service of Replacements, located at 1089 Knox Road, McLeansville, NC 27301.
