Text Messaging Terms and Conditions

Last Updated: August 18, 2022
You may elect to receive marketing and support text messages (SMS/MMS) to your
mobile number from Nicks Boots (hereinafter, “We,” “Us,” or “Our”) (“Text Message
Program”).

If you elect to opt in to Our Text Message Program, either via Our website or by sending
a text message indicating your consent, you are providing your prior express written
consent and thereby agree to receive recurring marketing or promotional and support text

messages from Us (each, a “Text Message” and collectively, “Text Messages”) sent
through an automatic telephone dialing system subject to these Terms and Conditions.

Text Messages may include offers, coupons, cart abandon messages, or other
information. Message frequency varies. This Text Message Program is optional, and
consent to receiving Text Messages is not required as a condition of purchasing any
goods or services.

If you are experiencing any issues, you can reply “HELP” to any Text Message you
receive from Us or email Us directly using our Contact Us information.

You can opt out of receiving further Text Messages from this program at any time by
replying “STOP” to any Text Message you receive from us. You may receive an
additional Text Message from Us confirming your decision to unsubscribe. If at any time
you intend to stop using the mobile number that has been used to subscribe to Text
Messages, including canceling your service plan or selling or transferring the phone
number to another party, you agree that you will opt out of receiving text messages as set
forth above prior to ending your use of the mobile number.

Your mobile provider’s message and data rates may apply to Our confirmation Text
Message and all subsequent Text Message correspondence according to your individual
rate plan provided by your wireless carrier. Please consult your mobile service carrier’s
pricing plan to determine the charges for browsing data and sending and receiving Text
Messages. By providing your consent to participate in Our Text Message Program, you
approve any such charges from your mobile carrier. Under no circumstances will We or
Our affiliates be responsible for any Text Message or wireless charges incurred by you or
by a person that has access to your wireless device or telephone number.

Our Text Message Program is offered on an “as-is” basis and may not be available in all
areas at all times and may not continue to work in the event of product, software,
coverage, or other changes made by you carrier. If your carrier does not permit Text
Messages, you may not receive the Text Messages. Neither We nor the wireless carriers
(such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any
Text Messages, as delivery is subject to effective transmission from your network
operator.

Data obtained from you in connection with any Text Message services may include your
cell phone number, your provider’s name and the date, time and content of your text messages.

We may use this information in accordance with Our Privacy Policy to contact you and to provide the services you request from us.

For more information on how We use telephone numbers, please read Our Privacy Policy.

You may not opt in to or otherwise engage with the Text Message Program if you are
under thirteen (13) years of age. If you use or engage with the Text Message Program
and are between the ages of thirteen (13) and eighteen (18) years of age, you must have
your parent’s or legal guardian’s permission to do so. By using or engaging with the
Text Message Program, you acknowledge and agree that you are not under the age of
thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your
parent’s or legal guardian’s permission to use or engage with the Text Message Program,
or are of legal adult age in your jurisdiction. By using or engaging with the Text
Message Program, you also acknowledge and agree that you are permitted by your
jurisdiction’s Applicable Law to use and/or engage with the Text Message Program.

The Text Message Program may not be used in any manner that is unlawful. You
acknowledge and agree to not send any prohibited content through the Text Message
Program. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or
  stalking activity;
   Objectionable content, including profanity, obscenity, lasciviousness, violence,
  bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality,
  disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any content that infringes the intellectual property rights or other rights of a third
  party;
•  Any product, service, or promotion that is unlawful where such product, service,
  or promotion thereof is received;
•  Any content that implicates and/or references personal health information that is
  protected by the Health Insurance Portability and Accountability Act (“HIPAA”)
  or the Health Information Technology for Economic and Clinical Health Act
  (“HITEC” Act); and
• Any other content that is prohibited by applicable law in the jurisdiction from
  which the message is sent.

These Terms and Conditions, and your participation in the Text Message Program. Is
governed by and construed in accordance with the laws of the State of Washington,
without giving effect to any conflict of law principles.

Please read this carefully. It affects your rights.
AS SET FORTH BELOW, AND TO THE FULLEST EXTENT PERMITTED BY
LAW, YOU AND US AGREE TO GIVE UP ANY RIGHTS TO LITIGATE
CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A
CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A
CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO
COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN
ARBITRATION.
To the fullest extent permitted by law, all disputes, matters, or claims between you and
Us arising out of or relating in any way to these Terms and Conditions, including but not
limited to the breach, termination, enforcement, interpretation or validity thereof, any
Text Messages, or the Text Message Program, regardless of the theory of liability or
recovery, must be resolved solely by individual arbitration before one arbitrator. The
arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration
Rules and Procedures. Any arbitration proceeding shall be held in the State of
Washington unless the parties to the dispute mutually agree otherwise.

The arbitrator will have exclusive authority to resolve any dispute relating to THE
arbitrability and/or enforceability of this arbitration provision, including any
unconscionability challenge or any other challenge that the arbitration provision or the
agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to
grant whatever relief would be available in court under law or in equity. Any award of
the arbitrator(s) will be final and binding on each of the parties, and may be entered as a
judgment in any court of competent jurisdiction.

You agree to arbitrate solely on an individual basis. These Terms and Conditions do not
permit class arbitration or any claims brought as a plaintiff or class member in any class
or representative arbitration proceeding. The arbitral tribunal may not consolidate more
than one person’s claims and may not otherwise preside over any form of a representative
or class proceeding. The arbitral tribunal has no power to consider the enforceability of
this class arbitration waiver and any challenge to the class arbitration waiver may only be
raised in a court of competent jurisdiction.

You may elect to pursue your claim in small-claims court rather than arbitration if you
provide us with written notice of your intention do so within 60 days of opting in to the
Text Message Program. The arbitration or small-claims court proceeding will be limited
solely to your individual dispute or controversy.

If any provision of this arbitration agreement is found unenforceable, the unenforceable
provision will be severed and the remaining arbitration terms will be enforced.

We reserve the right to terminate the Text Message Program, in whole or in part, at any
time without notice.

We may revise and update these Terms and Conditions from time to time in our sole
discretion and will provide you with notice of the same. All changes are effective
immediately after we post them and apply to all use of the Text Message Program
thereafter. Your continued consent to receive Text Messages following the posting of
revised Terms and Conditions will indicate your acceptances of the changes.