City Gear Product Launch Alerts Terms and Dispute Resolution Agreement

Effective Date: 09/09/2024
Last Revised: 09/09/2024

By signing up for City Gear Product Launch Alerts (also the “Service”) and/or continuing to receive City Gear Product Launch Alerts to your mobile number without opting out, you agree to be bound by these Terms and Dispute Resolution Agreement (“Terms”). Your continued receipt of product launch alerts is affirmation of your consent to these Terms and any changes. To see how the Company collects and uses your personal information, please see our Privacy Policy.

Our Service. By providing your mobile number, clicking the “CONSENT” button on our website, and replying “Y” to the initial invitation text message that you receive, or completing the Product Launch Alert webform, and replying “Y” to the initial invitation text message that you receive, you consent to receive an unlimited number of automated mobile text messages regarding product launches, invitations to join City Gear Mobile Alerts, another text message program of City Gear, LLC (the “Company”, “we” or “us”), and any other marketing or promotional materials from us, even if your mobile number is registered on any state or federal Do Not Call list. The text messages you receive will not be limited to alerts relating to the launch of new products. You will receive an unlimited number of SMS and/or MMS messages with alerts relating to product launches, promotional content, including coupons, advertisements, events, polls, giveaways, downloads, invitations to join City Gear Mobile Alerts, and promotional messages and information alerts from us or third parties, including but not limited to our affiliate, Hibbett Retail, Inc., formerly known as Hibbett Sporting Goods, Inc. Message frequency will vary according to the number of products for which you request product launch text message alerts. You have the ability to select particular products for which you wish to receive text message alerts, but you acknowledge and agree that the Company may send you text message alerts relating to products other than the products you select as well as any text message alerts relating to any of the other subject matters listed in this Paragraph 2. The Service is only available to customers of select carriers, with compatible handsets.

Service is Separate from any text message program of Hibbett Retail, Inc., formerly known as Hibbett Sporting Goods, Inc. If you are also subscribed to any text message program of Hibbett Retail, Inc., formerly known as Hibbett Sporting Goods, Inc., the messages you receive for City Gear Product Launch Alerts will be in addition to the text messages you receive from any text message program of Hibbett Retail, Inc., formerly known as Hibbett Sporting Goods, Inc.

Service is Separate from any other text message program of the Company. If you are subscribed to any other text message program of the Company, the messages you receive for City Gear Product Launch Alerts will be in addition to the text messages you receive from any other text message program of the Company.

Eligibility and Use Requirements. By subscribing to the Service, you confirm that you are over the age of 18 and the age of majority in your state of residence. You confirm that you are the current subscriber and/or customary user of the mobile number registered and authorized to incur any message or data charges that may be charged by your carrier. You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided in connection with your subscription is false or inaccurate, we may suspend or terminate your access to the Service at any time. You understand that you do not have to sign up for this Service in order to make any purchases (in-store or online), and your consent is not a condition of any purchase. Your participation in the Service is completely voluntary. You consent to receive mobile messages using automated technology, including through an automatic telephone dialing system or autodialer. You permit Company to use location information (e.g., GPS) from your mobile device when you are in or near a Company retail location and to send you additional messages based on your location.

How to Cancel Your Subscription. It is your sole obligation to notify Company that you do not want to receive mobile text messages sent as part of the Company’s City Gear Product Launch Alerts program. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately. The parties both agree that the only reasonable ways to revoke consent to receive text messages sent as part of the Company’s City Gear Product Launch Alerts program is one of the following three methods set forth in this Paragraph Six. First, You may revoke consent to receive City Gear Product Launch Alerts at any time by texting STOP to 52303. You also agree that if you have previously subscribed to City Gear Raffle Alerts and you text STOP to 52303 you will also be unsubscribed from City Gear Raffle Alerts, which shares the 52303 short code with City Gear Product Launch Alerts. Second, you may email [email protected], including the word “STOP” or “UNSUBSCRIBE” and “CITY GEAR PRODUCT LAUNCH ALERTS” followed by the mobile number. Please allow up to five (5) business days to process your request. Third, you may also revoke consent to receive City Gear Product Launch Alerts by writing to: City Gear, LLC, 2700 MILAN COURT, BIRMINGHAM, AL 35211, ATTN: LEGAL DEPT. ANY SUCH WRITING MUST BE SENT TO CITY GEAR VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND MUST INCLUDE the word “STOP” or “UNSUBSCRIBE” followed by “CITY GEAR PRODUCT LAUNCH ALERTS” and the mobile number. Please allow up to ten (10) business days to process your request. You consent to receive an additional text message confirming your opt-out request, regardless of the method you use to revoke consent to receive mobile alerts associated with City Gear Product Launch Alerts. The parties both agree that no partial revocation of consent to receive mobile alerts (including, by way of example and not limitation, a request that Company not send mobile alerts on certain days of the week or during certain hours of the day) shall be effective. If you unsubscribe from City Gear Product Launch Alerts, you will be unsubscribed from alerts regarding all product launches that you have selected. It is not possible to unsubscribe from alerts regarding some products you have selected, but not others. If you unsubscribe from CityGear Product Launch Alerts and then later re-subscribe using the same mobile number, you acknowledge and agree that we may send you text messages relating to any and all products for which you signed up to receive alerts prior to the date that you unsubscribed from City Gear Product Launch Alerts.

City Gear Product Launch Alerts Shares A Short Code (52303) with City Gear Raffle Alerts. If you unsubscribe from City Gear Product Launch Alerts and you have previously subscribed to City Gear Raffle Alerts, you will also be unsubscribed from City Gear Raffle Alerts.

Help. You may text HELP to 52303 for HELP.

Changes in Mobile Ownership/Indemnity. If you relinquish ownership of the mobile number associated with your subscription, you agree to immediately notify Company by texting STOP to 52303 or by emailing [email protected] and stating in your email your mobile number and that the mobile number should be removed from City Gear Product Launch Alerts. You agree to indemnify Company for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your provision of a mobile number that is not owned by you and/or your failure to notify Company of any changes in mobile ownership. You must notify Company immediately of any breach of security or unauthorized use of your mobile device. Although Company will not be liable for your losses caused by any unauthorized use of your mobile phone, you may be liable for the losses of Company or others due to such unauthorized use. If you get a new mobile number, you will need to sign up your new number to continue receiving alerts.

Costs. The Service is free, but message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed to access and use the Service, and you are solely responsible for all charges related to them, including charges from your mobile carrier.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS AFFILIATES, INCLUDING BUT NOT LIMITED TO HIBBETT RETAIL, INC., BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE COMPANY’S SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE COMPANY’S SERVICE, FROM INABILITY TO USE THE COMPANY’S SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion of liability for certain damages. Accordingly, the above limitations may not apply to you.

Warranty Disclaimer. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY OR TIMELINESS OF ANY ALERTS OR INFORMATION PROVIDED THROUGH THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Severability. If any provision of these Terms is found to be invalid, the remaining provisions shall remain in full force and effect.

Governing Law and Dispute Resolution. These Terms and the relationship between you and Company shall be governed by the laws of the State of Alabama without regard to its conflict of law provisions. The parties agree to submit to the personal and exclusive jurisdiction of the courts located within Jefferson County, Alabama. Any dispute arising from or relating to these Terms or the Service shall be subject to the dispute resolution procedures set forth in the Dispute Resolution Agreement contained within the Terms. All aspects of the dispute resolution process, including the outcome, shall be strictly confidential. Company may assign or delegate its rights and obligations under these Terms, in whole or in part, to any person or entity at any time.

Changes to Terms. We may modify these Terms at any time without notice, and such modifications shall be deemed effective immediately upon posting of the modified Terms. You agree to review these Terms periodically to be aware of such modifications. Your continued access or use of the Service constitutes your acceptance of the modified Terms.