SMS TERMS AND CONDITIONS

REVIEW THESE SMS TERMS AND CONDITIONS CAREFULLY. IN PARTICULAR, REVIEW THE MUTUAL ARBITRATION PROVISION BELOW, AS IT REQUIRES YOU AND CLASSFORTHAT TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION AND NOT BY WAY OF A COURT OR JURY TRIAL.

Classes Online, LLC dba ClassForThat and its affiliates (“ClassForThat”) offers users the opportunity to receive ClassForThat Mobile Alerts. If you choose to opt in, you will receive SMS text messages and other communications with alerts, information, and updates regarding ClassForThat and your ClassForThat experience, as well as special offers, promotions, and marketing offers. Use of ClassForThat Mobile Alerts is governed at all times by these SMS Terms and Conditions. You can opt-out of ClassForThat Mobile Alerts at any time by following the instructions below.

CONSENT

WHEN YOU OPT-IN (SIGN UP) TO CLASSFORTHAT MOBILE ALERTS, YOU AGREE:

1. To these SMS Terms and Conditions and the use and processing of your personal information in accordance with the terms of the ClassForThat Privacy Policy (click HERE).
2. ClassForThat will send you text messages, information, and marketing content or advertisements via the mobile telephone number you used to opt-in. Message frequency varies. By opting-in, you agree that ClassForThat and its affiliates may send advertisements or telemarketing messages to your mobile telephone number through automated dialing technology that may also use an artificial or prerecorded voice. You are not required to enter this agreement as a condition of purchasing or selling any class, goods, or services.
3. You are over the age of 18 and you are authorized to enter into this agreement.
4. You have entered the mobile telephone number correctly and you are the owner or authorized user of the number provided.
5. You will change your phone number in the Notifications section of your ClassForThat PROFILE if your phone number changes or if it is reassigned.
6. You understand that your mobile carrier’s messaging and data rates may apply. All charges are billed by and payable to your mobile service provider. ClassForThat does not charge you for receiving SMS text messages from ClassForThat Mobile Alerts.

HOW TO OPT-IN (SIGN UP) AND OPT-OUT (SIGN OUT) OF CLASSFORTHAT MOBILE ALERTS

1. Opt-In (Sign Up). To opt-in to ClassForThat Mobile Alerts:

   Check the box (sign up box) below the Notifications section of your ClassForThat PROFILE after providing and verifying your phone number.

2. Opt-Out (Sign Out). Opting out may prevent you from receiving texts regarding updates, improvements, or offers. You can opt-out at any time, which will discontinue your use of ClassForThat Mobile Alerts, using the following method:
   1. Uncheck the box (sign up box) below the Notifications section of your ClassForThat PROFILE.

3. Note 1: Opting Out of ClassForThat Mobile Alerts will not opt you out of receiving communications from ClassForThat (Platform related calls and/or text messages like class reminders) other than ClassForThat Mobile Alerts.

   Note 2: Not all carriers and devices support SMS and MMS. ClassForThat and the Carriers are not responsible or liable for delayed or undeliverable messages.

DISPUTE RESOLUTION

1. You and ClassForThat agree to resolve any disputes between the parties exclusively through final and binding arbitration instead of filing a lawsuit in court. This mutual arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and applies to any and all claims arising out of or relating to these SMS Terms and Conditions, or any other aspect(s) of your use of, reliance on, or interaction with the ClassForThat Mobile Alerts service. The parties expressly agree that these SMS Terms and Conditions are governed by the FAA even in the event you or ClassForThat are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. In the event, but only in the event, the arbitrator determines the FAA does not apply, Florida law governing arbitration agreements shall apply.
2. If either you or ClassForThat wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. The demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to ClassForThat, 328 Crandon Blvd, Suite 119 #186, Key Biscayne, FL 33149.
3. Class Action Waiver.You and ClassForThat agree that by entering into this agreement to arbitrate on an individual basis, you and ClassForThat both waive the right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, consolidated action, collective action or representative action—including but not limited to any request seeking a public injunction—and an arbitrator shall not have any authority to hear or arbitrate any class, consolidated, collective or representative action (“Class Action Waiver”). In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, consolidated, collective or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Notwithstanding any other clause contained in this Agreement or the AAA Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this mutual arbitration provision is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
4. Any arbitration shall be filed with the American Arbitration Association (“AAA”) and shall be governed by the American Arbitration Association Consumer Arbitration Rules (“AAA Rules”), except as follows:
   1. The arbitration shall be heard by one arbitrator selected in accordance with the AAA Rules. The Arbitrator shall be an attorney with experience in the law underlying the dispute.
   2. If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place within 45 miles of your residence as of the effective date of your agreement to these SMS Terms and Conditions.
   3. Unless applicable law provides otherwise, as determined by the Arbitrator, the party initiating arbitration or litigation shall be responsible for paying any arbitration filing fees.
   4. Any hearing for the arbitration will be limited to one day, absent a showing by either party of exceptional circumstances.
   5. Except as provided in the Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law, and which would otherwise be available in a court of law but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.
   6. The Arbitrator may hear motions to dismiss or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
   7. The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law.
   8. The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets, or other sensitive information. Subject to the discretion of the Arbitrator or agreement of the parties, any person having a direct interest in the arbitration may attend the arbitration hearing. The Arbitrator may exclude any non-party from any part of the hearing.
   9. Either you or ClassForThat may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.
5. The AAA Rules may be found at www.adr.org or by searching for “AAA Commercial Arbitration Rules” using a service such as www.google.com.
6. This mutual arbitration provision is the full and complete agreement relating to the formal resolution of disputes covered by this mutual arbitration provision. In the event any portion of this provision is deemed unenforceable, the remainder of this provision will be enforceable. The award issued by the Arbitrator may be entered in any court of competent jurisdiction.