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SMS Terms of use

FSI TEXT MESSAGING TERMS OF USE

By “Opting In” to or using a “Text Message Service” (as defined below) Foam Supplies, Inc. (“FSI”), you accept these Terms & Conditions. THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

This agreement is between you and FSI or one of its affiliates. All references to “FSI,” “we,” “our,” or “us” refer to FSI, 13389 Lakefront Dr., Earth City, MO 63045.

DEFINITIONS

“Opting In,” “Opt In,” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.

“Text Message Service” includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).

CONSENTING TO TEXT MESSAGING

By consenting to receive text messages from us, you agreed to these Text Messaging Terms and Conditions, as well as our GENERAL TERMS & CONDITIONS and  PRIVACY POLICY, incorporated herein by reference.  To the extent the terms of this agreement and the General Terms & Conditions conflict, the General Terms & Conditions shall control except with regards to arbitration, class action waiver, and severability.

E-SIGN DISCLOSURE

By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP.

FSI TEXT MESSAGE SERVICE PRIVACY POLICY

We respect your privacy. We only use information you provide through this service to transmit your mobile messages and respond to you. This includes, but isn’t limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Nonetheless, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. This Text Message Service Privacy Policy applies to your use of the Text Message Service and isn’t intended to modify our general Privacy Policy referenced above and incorporated by reference above, which may govern the relationship between you and us in other contexts.

COSTS OF TEXT MESSAGES

We do not charge you for the messages you send and receive via this text message service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.

FREQUENCY OF TEXT MESSAGES

This Text Messaging Service is for conversational person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request).

OPTING OUT OF TEXT MESSAGES

If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. As a person-to-person communication service, opt-out requests are specific to each conversation between you and one of our employees and their associated phone number. After unsubscribing, we may send you confirmation of your opt-out via text message.

CONTACT US

For support, visit our contact us page, or email info@fsi.co or call (314) 344-3330.

Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted before a single arbitrator, unless the parties mutually agree to a panel of three arbitrators. The arbitration shall take place in St. Louis, Missouri, unless the parties agree otherwise in writing. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties shall equally share the costs of the arbitration, including the arbitrator’s fees and administrative expenses. Each party shall bear its own attorneys’ fees and costs, unless otherwise awarded by the arbitrator in accordance with applicable law. The arbitration proceedings, including all documents, testimony, and awards, shall be confidential and shall not be disclosed by any party except as required by law or as necessary to enforce the arbitration award. Nothing in this clause shall prevent either party from seeking interim or provisional relief in aid of arbitration from a court of competent jurisdiction, including but not limited to temporary restraining orders or injunctive relief. This arbitration agreement and any arbitration conducted pursuant to it shall be governed by the laws of the State of Missouri, without regard to its conflict of law provisions. This arbitration clause shall survive the termination or expiration of this Agreement.

Class Action Waiver. To the fullest extent permitted by applicable law, the parties agree that any arbitration or legal proceeding arising out of or relating to this Agreement shall be conducted only on an individual basis and not as a class, collective, consolidated, or representative action. The parties expressly waive any right to bring or participate in a class action or to seek relief on a class, collective, or representative basis. The arbitrator shall have no authority to consolidate claims of multiple individuals or parties, to hear arbitration as a class action, or to award class-wide relief. If this Class Action Waiver is found to be unenforceable with respect to any particular claim or request for relief, then that specific claim or request for relief (and only that claim or request) shall be severed from the arbitration and may be brought in court, subject to all other terms of this Agreement.

Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving, to the maximum extent possible, the original intent of the parties. If such modification is not possible, the provision shall be severed from this Agreement, and all other provisions shall remain in effect.