© 2023 LOLLIPOP
The undersigned consents to receive text messages from Culture Software Solutions, Inc., dba Lollipop (“Lollipop”) or others acting on the Lollipop’s behalf. As part of this consent, you represent and warrant the following:
Please read these Culture Software Solutions, Inc., SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing and marketing text messages from Lollipop, including text messages, at the mobile phone number(s) you provide.
By completing the SMS/Text Messaging Opt-In Form, you also accept and agree to be bound by these SMS/Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of Lollipop services.
Lollipop offers its text messaging program whereby Lollipop, and any applicable service providers, will text message you an employee sentiment survey on a periodic basis, and may serve up content that may be useful to you (all of the foregoing the “Lollipop Program”). Lollipop and its service providers may, from time to time, use standard or an automatic telephone dialing system (“Autodialer”) to deliver text messages to you under the Lollipop Program. You agree that you will not use the Lollipop Program for any illegal or unlawful purposes. No coverage may be bound or amended via text message or the Lollipop Program.
Under the Lollipop Program, the number of Lollipop text messages that you receive may vary depending upon the cadence your employer desires to survey you.
Lollipop does not impose a separate fee for sending Lollipop text messages under the Lollipop Program. However, standard message and data rates may apply to each text message sent or received in connection with the Lollipop Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.
The Lollipop Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The Lollipop Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the Lollipop Program are available on all equipment/mobile devices, or through all wireless carriers. Lollipop may, from time to time, in its discretion and without notice to you, limit the carriers that support the Lollipop Program. Certain other carriers may not support the Lollipop Program.
Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The Lollipop Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of Lollipop’s control, and Lollipop is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using the Lollipop Program. If the Lollipop Program is not available within your intended location, you agree that your sole remedy is to cease using the Lollipop Program.
To opt-in to receive text messages from Lollipop under the Lollipop Program, click and accept these terms and conditions. Lollipop will then send you a text message confirming your enrollment in the Lollipop Program. In addition, by registering your mobile number, you will be deemed to have accepted these terms and conditions.
To stop receiving text messages from Lollipop, text STOP to the ten digit long phone number from which the text messages are being sent. You will then receive confirmation of your opt-out of the Lollipop text messaging program. You may also opt out by emailing Lollipop at [email protected].
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND LOLLIPOP ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND LOLLIPOP OR ANYONE ACTING ON YOUR OR LOLLIPOP’S BEHALF, OR THE LOLLIPOP PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES (“AAA RULES”) BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR MASSACHUSETTS PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND LOLLIPOP INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE; NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or 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. THIS PROVISION MUST CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING JURISDICTION. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS.
ARBITRATION PROCEEDINGS MAY BE COMMENCED BY EITHER PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN MASSACHUSETTS, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and LOLLIPOP alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.
In the event of any claim, matter, or dispute between you and Lollipop arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and Lollipop or anyone acting on your or Lollipop’s behalf, or the Lollipop Program, Lollipop, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration related fees and expenses.
The law of the State of Utah, including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, construing, or enforcing these SMS/Text Messaging Terms & Conditions, the Lollipop Program, or any text messages between you and Lollipop or anyone acting on your or Lollipop’s behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.
If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by email at [email protected].