St. Louis Blues Hockey Club, L.P. Text Messaging Terms & Conditions

Last updated: October 2023

PLEASE READ THESE TEXT MESSAGING TERMS & CONDITIONS (THE “TERMS”) CAREFULLY, INCLUDING THE BINDING ARBITRATION PROVISION THAT REQUIRES MOST DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS (SEE “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT” SECTION BELOW AND THE SUBSECTIONS THAT FOLLOW IT). THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IMPACT YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES. IN BINDING ARBITRATION, THERE IS NO JUDGE OR JURY, DECISIONS ARE MADE BY A NEUTRAL ARBITRATOR, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

Consent for Text Messaging

By submitting your telephone number or otherwise agreeing to receive text messages (e.g., SMS and MMS messages) from or on behalf of St. Louis Blues Hockey Club, L.P. (“Blues”), you agree to be bound by these Terms, and any other applicable terms related to your use of the Blues’ services. By initiating an in-bound text, such as texting in BGS to 38313, you are agreeing to receive a message to confirm your opt-in.

By using, taking part in, and/or opting in to text messaging, you expressly consent to receive marketing and/or non-marketing text messages, including shopping cart reminders, from the Blues and any and all others texting on the Blues’ behalf (including, but not limited to, their service providers, their employees, their agents, their affiliates, and/or other representatives), including text messages which may utilize or be sent using an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other type of systems, softwares, hardwares, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages, at the mobile telephone number associated with your opt-in. You may opt out of these communications at any time, and your consent to receive marketing text messages is not required and is not a condition to purchase any goods or services. You also consent to the use of an electronic record to document your opt-in.  Message frequency varies. Message and data rates may apply. Text “HELP” to 38313 for help, “STOP” to 38313 to cancel.

You also agree to our Privacy Policy.

You will receive two (2) text messages as part of the process confirming your desire to opt-into text messages (first an opt-in request message, and once you have replied “Y” you will receive a sign-up confirmation message).

How to Opt Out

If you do not wish to continue receiving text messages from the Blues or no longer agree to these Terms, directly reply to any message received with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out at any time. You may receive an additional mobile message confirming your decision to opt out. You understand and acknowledge that the text message program may not recognize and respond to unsubscribe requests that contain words or phrases other than those set forth above and agree that the Blues, their service providers, their employees, their agents, their affiliates, and/or other representatives will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you understand and acknowledge that you may continue to receive text messages from the Blues through any other programs you have joined until you separately unsubscribe from those programs.

Costs

Message and data rates may apply. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving text messages. You are solely responsible for any costs related to or associated with your receipt of text messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Supported Carriers

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Blues, their service providers, their employees, their agents, their affiliates, and/or other representatives are not liable for delayed or undelivered messages. Participating carriers include AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). T-Mobile is not liable for delayed or undelivered text messages.

Support

To request more information, text the keyword HELP to the short code or telephone number from which you have received the text message about which you have questions. If you are experiencing any problems, please visit  and submit the form with details about your problem or your request for support, or call 1-314-622-2500. Please note that the use of this phone number, or texting “HELP” to the text messaging program’s short code or telephone number is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. For all questions about services provided by the 38313 short code or other text communication, you can send an email to [email protected].

Access or Delivery to Mobile Network is Not Guaranteed

The Programs are 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 your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with any text messaging program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. We are not liable for delayed or undelivered mobile messages.

Participant Device & Service Requirements

You must have a wireless device of your own, capable of 2-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Privacy

We respect your privacy.

To view our privacy policy, please visit:  

Governing Law

This Agreement shall be governed by the laws of the State of Missouri, without reference to conflict of laws principles. Any suit to enforce this Agreement, to the extent such suit is excluded from the binding arbitration agreement set forth herein and below, shall be brought exclusively in the State and U.S. District Courts located in the city of St. Louis, Missouri, and the Parties hereby submit to the personal jurisdiction of such courts and waive any venue objection.

Miscellaneous

You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of any text messaging program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in any text messaging program after any such changes, you accept these Terms, as modified.

Contact

St. Louis Blues Hockey Club, L.P.
Enterprise Center
1401 Clark Avenue at Brett Hull Way
St. Louis, MO 63103

[email protected]

Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. YOU UNDERSTAND THAT BY THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP THE RIGHT TO A JURY TRIAL AND TO HAVE YOUR DISPUTE RESOLVED IN COURT.

WE BOTH AGREE TO ARBITRATE: You and the Blues agree to resolve any claims relating to these Terms, or your receipt of text messages from the Blues, or anyone sending text messages on the Blues’ behalf, including but not limited to, their service providers, their employees, their agents, their affiliates, and/or other representatives, through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate the Blues’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances the Blues may bring a lawsuit solely for injunctive or other equitable relief for the alleged intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described below. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.

You and we both agree that each party will provide written notice to the other party at least thirty (30) days prior to initiating an arbitration so the parties can attempt in good faith to resolve the dispute informally. Notice to us shall be sent to us by certified mail or courier to:

St. Louis Blues Hockey Club, L.P.
Enterprise Center
1401 Clark Avenue at Brett Hull Way
St. Louis, MO 63103

Attention: General Counsel

Such notice must include: (a) your name, postal address, telephone number, the email address you use or used in connection with your prior interactions with us and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and/or to the most-recent address we have in our records for you; it is your responsibility to keep your address up to date.  If you and we cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or we may, as appropriate and in accordance with these Terms, commence an arbitration proceeding or, to the extent specifically provided for above, file a claim in court.

To commence an arbitration proceeding, you must:

• Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at jamsadr.com.
• Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
• Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Missouri, or any other location we mutually agree to, subject to Missouri law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and the Blues, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Blues.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a purported class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class, or representative proceeding (unless we agree otherwise).

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Blues in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE BLUES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

RIGHT TO REJECT ARBITRATION: You have the right to opt out of binding arbitration by sending a timely written notice of your decision to opt out within thirty (30) days of the date you first become subject to this Arbitration Agreement. If you want to opt out, you must send your notice in writing to:

St. Louis Blues Hockey Club, L.P.
Enterprise Center
1401 Clark Avenue at Brett Hull Way
St. Louis, MO 63103

Attention: General Counsel

The opt-out notice must include your full name and email address and clearly indicate your intent to opt out of binding arbitration.  If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with the Blues, or may enter into in the future with the Blues.