PLEASE NOTE: THESE SMS TERMS CONTAIN AN ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION AFFECTS HOW DISPUTES WITH QIAGEN ARE RESOLVED. YOU AGREE TO BE BOUND BY THIS 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.
Opting into Text Messages
By opting into any QIAGEN text program, you expressly consent to receive recurring informational text messages that may be sent using an automatic telephone dialing system, by or on behalf of QIAGEN, at the cell phone number you provide us. By voluntarily providing your cell phone number to QIAGEN, you consent to receive informational, transactional, marketing, promotional or operational text messages at that phone number, including but not limited to order confirmations; shipping and delivery notifications; and information regarding training or upcoming sponsored events. 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.
How to Opt Out and Get Help
To stop receiving text messages from QIAGEN, you agree to reply STOP to the number sending the message. If you need further assistance, text HELP to the number sending the message, or contact QIAGEN customer service at (800) 464-3684 or email@example.com.
After opting out of receiving text messages, you can re-enroll in any QIAGEN text messaging program by following the instructions for that program. We would be happy to welcome you back.
Message Cost and Frequency
Message and data rates may apply for any messages sent to you from or on behalf of QIAGEN, 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.
Who are the participating carriers?
Participating Carriers include – Verizon Wireless, T-Mobile / Metro PCS, AT&T, Sprint / Boost, Virgin Mobile, U.S. Cellular, Interop, nTelos, C-Spire (Cellular South), Carolina West Wireless, Cellcom, ClearSky, Google Voice. Carriers are not liable for delayed or undelivered messages
Eligibility and Change in Phone Number
By opting into QIAGEN’s text messaging program(s) or by otherwise providing your cell phone number to QIAGEN, you warrant that you are 18 years of age or older. You further warrant that you are the current subscriber or authorized user of the phone number you have provided. If you change, forfeit, or deactivate the phone number you have provided to QIAGEN, you agree to notify QIAGEN immediately. Failure to do so constitutes a material breach of these SMS Terms. QIAGEN is not liable for delayed or undelivered messages. QIAGEN reserves the right to modify or discontinue, temporarily or permanently, all or any part of its text message programs, with or without notice.
Governing Law and Arbitration; Class Action Waiver
Subject to the section below titled “Right to Seek Injunctive Relief,” these SMS Terms and any claims, disputes or causes of action relating to or arising out of your receipt of text messages from QIAGEN (collectively, “Disputes”) shall be construed, unless otherwise prohibited by law, in accordance with and governed by the laws of the State of Maryland without giving effect to the conflict of laws principles thereof. All Disputes which cannot be amicably settled shall be submitted to binding arbitration as set forth below.
Mandatory Binding Arbitration.
Prior to arbitration, the parties shall seek informal resolution of Disputes. The process shall be initiated with written notice of one party to the other, describing the Dispute with reasonable particularity. The other party shall respond within ten (10) calendar days. Each party shall promptly designate an executive with requisite authority to resolve the Dispute, and the first meeting shall occur within 10 calendar days from the response described above. If the Dispute is not resolved within 10 calendar days of the first meeting, either party may proceed to arbitration as set forth below.
The parties agree that any Dispute between them, including any Dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except where those rules are intentionally varied by the parties herein or pursuant to mutual agreement. The parties expressly agree that the arbitration shall be conducted in Washington, DC, in the English language, and under Maryland law, unless the parties mutually agree otherwise or the arbitrator determines that under applicable law, the arbitration is to take place in a location other than Washington, DC or that the laws of a State other than Maryland governs. To the extent permitted by applicable law, the prevailing party shall be entitled to a reimbursement of all of its reasonable attorney fees and arbitration costs by the other party. The arbitration award shall be final.
The parties enter into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement, and any proceedings thereunder, shall be governed by the Federal Arbitration Act
(“FAA”) 9 USC 1-16. Any award by the arbitrator may be entered as a judgment in any court having jurisdiction.
Class Action Waiver.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS OR ANY OVERNMENTAL BODY OR THE PUBLIC. DISPUTES MAY NOT BE JOINED OR CONSOLIDATED UNLESS AGREED TO IN WRITING BY ALL PARTIES. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
Waiver of Rights, Including Trial By Jury.
By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their Disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
Right to Seek Injunctive Relief.
This Agreement does not preclude either party from seeking injunctive relief in a court of law in accordance with applicable law.
Changes to Terms and Conditions
QIAGEN may revise, modify, or amend these SMS Terms at any time. Any such revision, modification, or amendment shall take effect when it is posted to QIAGEN’s website. You agree to review these SMS Terms periodically to ensure that you are aware of any changes.