Madison Square Garden Company SMS Terms and Conditions

Madison Square Garden Company SMS Terms and Conditions

Last Updated: July 18, 2018

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

MSG Sports & Entertainment, LLC (“MSG,” “we,” “us,” or “our”) provides these SMS Terms and Conditions (the “SMS Terms”), which govern the provision and delivery of text messages by us or our text message service providers to you. We offer this service so that we or our service providers can send text messages to: (1) provide you with information you requested from us; (2) inform you of improvements, features, events, or MSG products and services that may be of interest to you; and (3) to respond to your inquiries regarding your account or relationship with MSG. We refer to our SMS text messaging program as the “MSG SMS Program.”

1. E-SIGN Disclosure

By agreeing to enroll in the MSG SMS Program, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing MSG at privacychoices@msg.com with “Revoke Electronic Consent” in the subject line.

To view and retain a copy of this disclosure or any information regarding your enrollment in the MSG SMS Program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email MSG at privacychoices@msg.com with contact information and the address for delivery.

2. Signing Up For the MSG SMS Program

We may allow you to sign up to receive text messages through our websites or apps. We may also at times provide you with other instructions on how to enroll, such as enrollment by sending us a text message. By signing up for the MSG SMS Program, you agree to these SMS Terms, the MSG Terms of Service, and the MSG Privacy Policy.

By signing up for the MSG SMS Program, you agree that MSG or its agents may use any automated or non-automated technology to send you informational and/or promotional text messages. The types of text messages you will receive depend on the SMS campaign(s) you opted into. You understand that you are not required to receive MSG text messages as a condition of purchasing tickets, property, goods, or services from MSG

3. Costs of Signing Up for the MSG SMS Program

MSG does not charge you for its text message program. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.

4. Frequency of Text Messages

We may send you an initial message confirming that we have received your opt-in. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our services.

The number of text messages you receive may depend upon factors including how you use our services and whether you take steps to generate additional text messages from us (such as by sending a HELP request).

5. Participating Carriers

Content is not available on all carriers and carrier participation could change. As of July 18, 2018, our text messages can be sent through the following carriers: Compatible carriers include: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Breakaway Wireless, Cabelvision (Optimum Mobile), Carolina West Wireless, Cellcom, Cellular One of East Central Illinois, Centennial Wireless, Chariton Valley Cellular, Chat Mobility (Hawkeye), Cincinnati Bell Wireless, Coral Wireless, Cox Mobility, Cross/ Sprocket, C-Spire Wireless (formerly Cellsouth), CTC Telecom, DTC Wireless (Advantage Cellular), Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Illinois Valley Cellular, Immix (Keystone Wireless/ PC Management), Inland Cellular, iWireless, Leaco, Mobi PCS, Mosaic, MTPCS/ Cellular One (Cellone Nation), Nemont, Nex-Tech Wireless, nTelos, NW Missouri Cellular (Hawkeye), Panhandle Telecommunications, Peoples Wireless, Pioneer, Pine Cellular, Plateau, Revol, Rina – Custer, Rina – All West, Rina – Cambridge Telecom Coop, Rina – Eagle Valley Comm, Rina – Farmers Mutual Telephone Co, Rina – Nucla Nutria Telephone Co, Rina – Silver Star, Rina – Syringa, Rina – UBET, Rina – Manti, Rural Cellular Corporation, SI Wireless, Simmetry, SouthernLINC, SRT, Strata Networks, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless. T-Mobile is not liable for delayed or undelivered messages. The content is not compatible with all cell phone models. MSG and the mobile carriers (for example, T-Mobile) will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.

6. Eligibility

By signing up for the MSG SMS Program, you represent that you are 18 years of age or older and understand the obligations and agree to the terms set forth in these SMS Terms and the MSG Terms of Service, which both form binding agreements between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.

7. Opting Out of MSG Text Messages

If you no longer want to receive MSG text messages, you may text STOP at any time. After doing so, we may send you confirmation of your opt-out via text message. If you have revoked consent and want to re-enroll in the MSG SMS Program, you can re-enroll through our website, app, or as otherwise instructed by us.

8. Modifications to these SMS Terms

Except as explicitly set forth in the Arbitration and Class Action Waiver section, we reserve the right to modify these SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in the MSG SMS Program shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

9. Arbitration and Class Action Waiver 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS

The parties agree that these SMS Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.  This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of your enrollment in the MSG SMS Program, or your receipt of text messages from or on behalf of MSG, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “SMS Disputes”). The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.  By agreeing to these SMS Terms, you agree to resolve any and all SMS Disputes with MSG as follows:

A. Initial Dispute Resolution. Most disputes can be resolved without resort to litigation. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with MSG, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. To commence this procedure, you agree to contact MSG at the following address:  MSG Sports & Entertainment, LLC, Two Pennsylvania Plaza, New York, New York 10121, Attention:  Legal Department, or MSG may contact you using the last available information it has for you.

B. Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then the parties agree to resolve by arbitration subject to the terms herein. Specifically, all claims arising out of or relating to these Terms (including its formation, performance, and breach), the parties’ relationship with each other, and/or your access to or use of WiFi shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these SMS Terms, including, but not limited to any claim that all or any part of these SMS Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (A) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover. You may find a copy of a Demand for Arbitration at www.jamsadr.com; (B) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 620 Eighth Ave. (NY Times Building), 34th Floor, New York, NY 10018; and (C) Send one copy of the Demand for Arbitration to us at MSG Sports & Entertainment, LLC, Two Pennsylvania Plaza, New York, New York 10121, Attention:  Legal Department.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, MSG will pay all of the actual filing and arbitrator fees for the arbitration. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in the State of New York, United States of America.

If you are a resident of the United States, arbitration may take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in the State of New York, United States of America.Residents of the United States and those who reside outside the United States and we further agree to submit to the personal jurisdiction of any federal or state court in the Borough of Manhattan, New York, NY in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

C. Class Action Waiver.The parties further agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.YOU AND MSG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 D. Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through initial dispute resolution or binding arbitration, either party may bring an action in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. For such disputes, you and MSG agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the Borough of Manhattan, New York, NY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

E. 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to arbitrationopt-out@msg.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first access to or use of the WiFi, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, we also will not be bound by them.

F. Changes to this Section. MSG will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the Section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver (or similarly named) section in existence after you after you enrolled in the MSG SMS Program.

G. Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account with us, any revocation of consent for MSG to send you text messages, or any termination of the MSG SMS Program.

10. Contact

For more information, please contact us at feedback@msg.com.