Monica Rich Kosann
Mobile Terms & Conditions
Monica Rich Kosann (Mobile Program Name: MRK) offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by SMS message (the "Service") on 1(833) 226-9484 or 87208. Customers may also sign up with Monica Rich Kosann (Mobile Program Name: MRK Orders) to receive order, shipping, and delivery notifications by SMS message (the "Service") on 1-833-358-3712. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Monica Rich Kosann is headquartered at Norwalk, CT and may send text messages from this address.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS, AS DETAILED IN THE ARBITRATION & CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Monica Rich Kosann reserves the right to stop offering the Service at any time with or without notice. Monica Rich Kosann also reserves the right to change the short code, phone number or RCS agent from which messages are sent and we will notify you when we do so.
By opting into the Service, you:
- Authorize Monica Rich Kosann to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
- Acknowledge that you do not have to agree to receive messages as a condition of purchase and that if you do opt in, you may opt out at any time.
- Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
- Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 1-800-251-3141. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service on 87208, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:
- Sale promotions
- Event information
- Product launch announcements
- Cart reminders
- Back in stock alerts
- Low inventory alerts
- Product Features
Once you affirm your choice to opt-in to the Service on 1-833-358-3712, your message frequency may vary. You may receive alerts about:
- An order has been placed
- An order has been shipped
- An order has been delivered
Charges and Carriers
Message and data rates may apply. 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 Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Monica Rich Kosann may add or remove any wireless carrier from the Service at any time without notice. Monica Rich Kosann and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from Monica Rich Kosann, text the word STOP to 87208 or 1-833-358-3712 any time or reply STOP to any of the text messages you have received from Monica Rich Kosann. This is the exclusive method for opting out. After texting STOP to 87208 or 1-833-358-3712, you will receive one additional message confirming that your request has been processed.
Questions
You can text HELP for help at any time to 87208 or 1-833-358-3712. This will provide you with a phone number to customer service (1-800-251-3141). You can also contact us at Monica Rich Kosann, P.O. Box 797, Norwalk, CT 06852.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.
Arbitration and Class Action Waiver
Please read this SECTION carefully. It affects your rights. BY OPTING into the service, you agree that Any dispute or claim relating in any way to your use oF Monica Rich Kosann's Services will be resolved by binding INdividual arbitration, rather than in court, except as expressly Provided below.
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 Monica Rich Kosann 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 American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s 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 AAA’s 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. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MONICA RICH KOSANN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, MASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR MASS ARBITRATIONS OR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. HOWEVER, IF 25 OR MORE SIMILAR DEMANDS FOR ARBITRATION ARE FILED AND THE DEMANDS WOULD OTHERWISE QUALIFY AS A MASS ARBITRATION UNDER the AAA’s RULES, THE ARBITRATION WILL PROCEED UNDER THE AAA MASS ARBITRATION SUPPLEMENTARY RULES. [UNLESS YOU AND MONICA RICH KOSANN AGREE OTHERWISE IN WRITING, IF THE AAA MASS ARBITRATION SUPPLEMENTARY RULES DO NOT APPLY, 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.
Prior to initiating any arbitration, you must first provide Monica Rich Kosann with a written notice of dispute at MRK Fine Arts LLC, P.O. Box 797, Norwalk, CT 06852 or concierge@monicarichkosann.com that contains: (a) your name and phone number(s); (b) the nature and basis of the claim; (c) the specific relief sought; and (d) your signature. Monica Rich Kosann will provide you with similar notice. We agree to attempt in good faith to resolve the dispute for at least 30 days before commencing arbitration.
Unless the AAA Mass Arbitration Supplementary Rules apply, in which case the AAA Consumer Mass Arbitration and Mediation Fee Schedule applies, if you initiate arbitration against [COMPANY], you must pay the consumer arbitration fee as set forth in AAA Consumer Arbitration Rules and Mediation Procedures Administrative Fee Schedule, unless waived for indigency, and [COMPANY] will pay all other arbitration administrative or filing fees, including the arbitrator and/or case management fees. You and Monica Rich Kosann are each responsible for your respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
The following claims are not subject to this agreement to arbitrate: (a) claims that qualify for resolution in small claims court, provided the claim remains in that forum and is pursued on an individual basis; and (b) claims for infringement or misappropriation of intellectual property rights.
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 us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) 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 provision 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.
Contact Us
If you have questions regarding these SMS Terms and Conditions, please contact us through Customer Service here. You may also visit your local store for assistance.