Effective Date: January 10, 2024
IMPORTANT NOTICE: MANDATORY ARBITRATION AND CLASS ACTION WAIVER
These Terms of Use include a binding arbitration clause under the section titled “Arbitration.” It requires you to resolve any disputes with Blue Sky Puppies or its affiliates through individual arbitration, not in court. This also includes a waiver of any right to participate in class actions. Please read carefully, as this affects your legal rights.
Agreement to Receive SMS Messages
By opting in to receive SMS messages from us, you agree to receive recurring automated marketing and promotional messages (e.g., cart reminders), including those sent with auto-dialing systems, prerecorded or artificial voices, and AI-assisted tools. These messages will be sent to the number you provided or another number you designate.
Your consent is not required for any purchase. Standard message and data rates may apply. Contact your wireless provider for plan details. You must be 18 or older, a U.S. resident, and the authorized user of the mobile number provided.
This is a standard-rate SMS service. Message frequency may vary, and we may change the sending number or short code at any time with notice.
Not all devices or carriers are supported, and delivery may not be possible in all regions. We and our service providers and mobile carriers are not responsible for delayed or undelivered messages.
By signing up, you agree to these SMS Terms, our Terms of Use, and our Privacy Policy. We may share your information with partners like Attentive Mobile, Inc.
Participating Mobile Carriers
We can send messages through major U.S. carriers like AT&T, Verizon, Sprint, T-Mobile, and others, as well as many smaller carriers. Service availability may vary.
How to Unsubscribe
To opt out, text any of these commands in response to one of our messages: STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT. You’ll get a confirmation message once we’ve processed your request. If you use different wording, we may not recognize your request and are not responsible for unprocessed opt-outs. You may still receive texts from other Blue Sky Puppies programs you’ve joined until you opt out of those separately.
Need Help?
Text HELP to one of our messages for customer support info.
You can also contact support via email customerservice@blueskypuppies.com. Additional help is available through the “Contact Us” page on our website.
Blue Sky Puppies is located at 1835 E. Hallandale Beach Blvd. #439, Hallandale Beach, FL 33009.
Eligibility and Phone Number Changes
By signing up, you confirm you’re at least 18, live in the U.S., and are the phone number’s current owner or authorized user. You agree not to use someone else’s number without permission and must inform us immediately if your number changes. Failing to do so is a breach of these terms.
YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS for any issues arising from your failure to opt out or notify us of phone number changes, including violations under the Telephone Consumer Protection Act.
Dispute Resolution: Arbitration, Class Action Waiver, and Jury Waiver
All disputes related to these SMS Terms or messages you receive from Blue Sky Puppies must be resolved through binding arbitration, not court. Arbitration is private, quicker, and may involve less formal procedures than a court case. You are waiving your right to a jury trial and to participate in class actions.
Exceptions
This clause doesn’t prevent you from:
- Bringing a claim in small claims court;
- Reporting violations to government agencies;
- Seeking a court order in support of arbitration;
- Filing lawsuits for intellectual property infringement.
Rules and Arbitrator
Arbitration will follow the American Arbitration Association (AAA) rules under the Federal Arbitration Act. The arbitrator decides all issues, including enforceability of this arbitration agreement.
Notice and Process
To initiate arbitration, you must send a written notice by U.S. Mail to the following address: 1835 E. Hallandale Beach Blvd. #439, Hallandale Beach, FL 33009.
Fees
The party initiating arbitration shall be responsible for any filing fees charged by the arbitration provider, except to the extent such an arrangement would render this provision unenforceable under applicable law or arbitration rules. In that event, the filing party shall still bear as much of the fee as legally permissible.
Arbitration can be handled through written submissions, a phone call, or in-person.
Confidentiality and Decisions
The arbitrator’s written decision will explain their findings. All arbitration info will be kept confidential unless necessary for legal review or enforcement.
No Class Actions
You and Blue Sky Puppies agree to resolve disputes individually. The arbitrator cannot combine claims from multiple users or oversee any class actions.
Future Changes to Arbitration Clause
If we change this arbitration section, you can reject the change by notifying us within 30 days. In that case, the original arbitration terms will remain in effect for any disputes.
Enforceability
If part of this arbitration section is unenforceable, the remainder still applies. If class-action limits are invalidated, that portion may be severed and handled in court.