SMS Policy

Last updated: November 23, 2024

Please read these SMS Terms & Conditions (the “SMS Terms”) carefully. By enrolling or otherwise agreeing to receive text messages from or on behalf of Bob's Wood Specialties, you agree to these SMS Terms, as well as Bob's Wood Specialties Terms of Use and Privacy Policy, which are incorporated herein by reference and can be viewed at the links provided here, or at bws-crg.com. For purposes of these SMS Terms, “Bob's Wood Specialties,” “the Company,” “we,” or “us” shall mean Bob's Wood Specialties, Inc. and any of its subsidiaries, divisions, or affiliates.

Program Name: Bob's Wood Specialties

PLEASE NOTE: SECTION 6 OF THESE SMS TERMS IS A MANDATORY DISPUTE RESOLUTION SECTION WITH AN ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE MANDATORY DISPUTE RESOLUTION SECTION AFFECTS HOW DISPUTES WITH BOB'S WOOD SPECIALTIES ARE RESOLVED. YOU AGREE TO BE BOUND BY THE MANDATORY DISPUTE RESOLUTION SECTION, INCLUDING THE ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE SMS TERMS CAREFULLY.

1. Opting into Text Messages

By opting into any Bob's Wood Specialties text program, You consent to receive transactional, operational, or informational text messages at that phone number, including but not limited to order confirmations; shipping and delivery notifications; multi-factor authentication (at a frequency of 1 message per request); and appointment reminders for measuring, installation, or services (collectively, Bob's Wood Specialties’s business operations are referred to herein as the “Services”). Please note we may not be able to deliver messages to all mobile carriers. Consent to receive texts is not a condition of purchasing any goods or services, and you understand and agree that all text messages may be sent using automated technology. Message and data rates may apply.

2. Opt-out of Text Messages

How to Opt-Out To stop receiving text messages from a specific Bob's Wood Specialties text messaging program, reply STOP to the number sending the message. You may continue to receive text messages for a short period while Bob's Wood Specialties processes your request. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging number that sent the message. You will remain opted in to other Bob's Wood Specialties text messaging programs.

3. Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Bob's Wood Specialties immediately if you change your mobile telephone number. You may notify Bob's Wood Specialties of a number change by contacting Bob's Wood Specialties Customer Care at 1-952-890-4700. You agree to indemnify Bob's Wood Specialties in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Bob's Wood Specialties if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act

4. Supported Carriers

Supported carriers may change from time to time, but currently include AT&T, Sprint/Boost,/Virgin, T-Mobile/MetroPCS, Verizon Wireless, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), and Google Voice, among others.

Carriers are not liable for delayed or undelivered messages

5. Cost and Frequency

Message and data rates may apply for any messages sent to you from or on behalf of Bob's Wood Specialtes, and messages you send to us. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Message frequency varies.

6. Mandatory Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR A MANDATORY EARLY RESOLUTION PROCESS, BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.

Disputes Any dispute or claim arising out of or relating to these SMS Terms, your use of the Services, or your relationship with Bob's Wood Specialtes or any past, present, or future subsidiaries, parents, affiliates, employees, officers, directors, agents, successors, representatives, or assigns, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each a “Dispute”) will be resolved through binding individual arbitration as set forth in these SMS Terms, except that either you or Bob's Wood Specialtes may initiate a Dispute in or take a Dispute to small claims court, so long as that Dispute is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdiction of small claims court is for a small claims court to decide in the first instance and for a court of competent jurisdiction to otherwise decide. The term “Dispute” shall be interpreted broadly and includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior SMS Terms (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these SMS Terms. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property. In any Dispute, the arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these SMS Terms; (b) issues that relate to the scope, validity, and/or enforceability of the arbitration provision, class action waiver, or any of the provisions of this Mandatory Dispute Resolution clause; and (c) issues that relate to the arbitrability of any Dispute. These SMS Terms and their arbitration provision do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these SMS Terms evidence a transaction in interstate commerce and that the arbitration provision herein will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
Early Resolution Process You and Bob's Wood Specialtes agree to work together in a good-faith effort to informally resolve any Dispute that might arise between us using the early resolution process described herein (“Early Resolution Process”). The party initiating a Dispute must first send the other a written notice (the “Dispute Notice”) that includes all of the following information: (a) information sufficient to identify any transaction and/or account at issue in the Dispute, including any Vital Care account information (formerly known as Pals Rewards); (b) contact information (including your name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for such relief. The Dispute Notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you are the party initiating a Dispute, you must send us the Dispute Notice via email to arbitration@Bob's Wood Specialtes.com. If Bob's Wood Specialtes has a Dispute with you, we will send a Dispute Notice to you at the most recent contact information we have on file for you. For a period of sixty (60) days from receipt of a completed Dispute Notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the Dispute Notice may request a telephone settlement conference to aid in the early resolution of the Dispute. If such a conference is requested, you and a Bob's Wood Specialtes representative will personally attend such a telephone settlement conference (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period following receipt of a Dispute Notice. This informal Early Resolution Process is a condition precedent to you or Bob's Wood Specialtes commencing a formal proceeding in arbitration or small claims court. If the sufficiency of a Dispute Notice or compliance with this Early Resolution Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election and any arbitration shall be stayed pending resolution of such issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations, and to enjoin the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this process in arbitration or to raise non-compliance with a AAA process arbitrator. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed Dispute Notice through the conclusion of this Early Resolution Process. You or we may commence arbitration or a small claims court proceeding if a Dispute is not resolved through this Early Resolution Process.
Arbitration Procedures The arbitration of any Dispute shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules and Supplementary Rules for Mass Arbitration, as applicable (“AAA Rules”), as modified by this arbitration provision and these SMS Terms. The AAA Rules are available online at www.adr.org. You and we understand and agree that the AAA’s administrative determination that this arbitration provision comports with the Consumer Due Process Protocol is final, and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to conduct the arbitration consistent with this arbitration provision and these SMS Terms, the parties shall agree on a replacement arbitration administrator that will do so. If the parties cannot agree on a replacement arbitration administrator, they shall petition a court of competent jurisdiction to appoint an arbitration administrator that will conduct the arbitration consistent with this arbitration provision and these SMS Terms. An arbitration demand must (a) include all of the information required to be provided in the Dispute Notice above; (b) be accompanied by a certification of compliance with the Early Resolution Process above; and (c) be personally signed by the party initiating arbitration (and counsel, if represented). When initiating arbitration, you shall personally certify to Bob's Wood Specialtes and to AAA that you are a party to this arbitration provision and provide a copy or link to it. By submitting an arbitration demand, the initiating party and counsel represent, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking more than Ten Thousand Dollars ($10,000.00 USD) or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Bob's Wood Specialtes representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed-upon location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. You agree that you shall personally participate, along with your counsel if represented, in the initial conference with the arbitrator unless the parties agree otherwise. An arbitrator must follow and enforce these SMS Terms as a court would. IF, AFTER EXHAUSTION OF ALL APPEALS, ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED INJUNCTIVE OR DECLARATORY RELIEF AND CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDINGS ARE FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), THEN SUCH A CLAIM OR REQUEST FOR RELIEF WILL BE DECIDED BY A COURT OF COMPETENT JURISDICTION, AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.

7.Questions

These SMS Terms may be updated by Bob's Wood Specialtes at any time without prior notice. By continuing to be enrolled in any Bob's Wood Specialtes promotional text messaging program, or by providing your cell phone number for transactional, operational, or informational text messages, you agree to any changes by email: info@bws-crg.com