Text Program Terms
EFFECTIVE DATE: January 24, 2025
These Text Program Terms (“Terms”) are a legally binding contract and govern the Galileo Learning, LLC (“Galileo”) text message program (“Text Program”). By enrolling in the Text Program you agree to be bound by these Terms and acknowledge our Privacy Policy.
These Terms include your waiver of any right to participate in a class action and your agreement to resolve any disputes between you and Galileo by binding individual arbitration.
It is important that you carefully read and understand these Terms. If you do not agree to these Terms, you should not enroll in the Text Program.
You may enroll in the Text Program when you provide your mobile number as part of account registration or part of the camp enrollment process, as well as by texting a keyword to a short code. Galileo reserves the right to change the short code or phone number from which messages are sent.
By participating in the Text Program, you consent to Galileo sending you recurring, autodialed, promotional and other text messages to the mobile number you provided. Consent to receive texts is not required to purchase any goods or services.
You agree to the use of electronic record-keeping to document your consent to receive texts.
Message and data rates may apply, depending on your text and data plan with your mobile carrier.
Message frequency may vary depending on your interactions with us. The Text Program may not be available in all areas or supported by all mobile carriers or all devices. Galileo is not responsible for delayed or undelivered text messages. Mobile carriers are not liable for delayed or undelivered text messages.
You agree to maintain accurate, complete, and up-to-date information with us and to promptly notify us if your mobile number changes.
You can cancel the Text Program at any time, including by replying “STOP” to any Text Program texts you have received. You may receive a text confirming that you have unsubscribed from the Text Program.
You may text “HELP” for assistance. If you are experiencing any problems with the Text Program messaging, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email [email protected]. You may also contact [email protected].
LIMITATION OF LIABILITY
By enrolling in the Text Program you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful or objectionable.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GALILEO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL GALILEO’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE TEXT PROGRAM EXCEED THE GREATER OF TWENTY FIVE DOLLARS ($25.00) OR THE AMOUNTS PAID BY YOU TO GALILEO FOR THE PAST TWELVE MONTHS.
THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
GOVERNING LAW AND JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in Alameda County. You consent to the jurisdiction and venue in such courts and waive any objection as to an inconvenient forum.
DISPUTE RESOLUTION
You and Galileo agree that any dispute, claim or controversy arising out of or relating to these Terms (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Galileo each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding.
Further, unless you and Galileo agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation of this section.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and Galileo agree otherwise, the arbitration will be conducted in Oakland, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Galileo submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. It is your responsibility to pay any AAA filing, administrative and arbitrator fees. Fees will be as set forth in the AAA Rules.