Last updated: August 8, 2023
You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from Citi Atlas, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. All the different types of messages you may receive (whether recurring marketing messages, on-demand reply messages, or otherwise) shall be known collectively as the “Programs.” Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Citi Atlas reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Citi Atlas also reserves the right to change the short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Citi Atlas, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
STOP, END, CANCEL, UNSUBSCRIBE, or QUIT in order to opt out of that Program at any time. You may receive an additional mobile message confirming your decision to opt out. 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 verbally requesting Citi Atlas to remove you from our list, is not a reasonable means of opting out. You may be subscribed to multiple Programs across different Short Codes or regular long code phone numbers, and therefore you must separately text or reply
For support regarding the Program, text “HELP” to the applicable Program’s Short Code or email us at firstname.lastname@example.org. Please note that the use of this email address, or texting “HELP” to the Program’s Short Code is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. In Canada, text “INFO” for contact information of the sender.
If you are experiencing any problems, please email us at email@example.com and describe the issue you’re having.
This message program is a service of Citi Atlas. You may contact a company representative at firstname.lastname@example.org.
In the interest of resolving disputes between you and Citi Atlas in the most expedient and cost effective manner, you and Citi Atlas agree that any dispute arising out of or in any way related to these messaging terms and conditions (“Messaging Terms”) or your receipt of text messages from Citi Atlas or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Citi Atlas or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Citi Atlas ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Citi Atlas to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.Arbitrator. Any arbitration between you and Citi Atlas will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Citi Atlas. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.Notice; Process. If you or Citi Atlas intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Citi Atlas address for Notice is: 665 Fifth Avenue, 8th Floor, New York, New York 10022, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and Citi Atlas will make good faith efforts to resolve the claim directly, but if you and Citi Atlas do not reach an agreement to do so within 30 days after the Notice is received, you or Citi Atlas may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Citi Atlas must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Citi Atlas will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Citi Atlas for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Citi Atlas agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Citi Atlas made within 14 days of the arbitrator’s ruling on the merits. No Class Actions. YOU AND Citi Atlas AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Citi Atlas agree otherwise in a signed writing, 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.Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Citi Atlas makes any future change to this arbitration provision, other than a change to Citi Atlas address for Notice, you may reject the change by sending us written notice within 30 days of the change to Citi Atlas address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Citi Atlas. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.