TERMS & CONDITIONS

WEB ACCESSIBILITY

At Herff Jones, we are committed to ensuring a digital experience that is accessible to everyone regardless of technology or ability. We are continually improving the user experience for all customers, and applying the relevant accessibility standards as part of our internal policies, quality assurance measures and continuous training and education. While we strive to meet all needs, we welcome your feedback on the accessibility of the Herff Jones website. If you encounter any accessibility barriers when navigating our site, please contact our Customer Service team at (800) 837-4235 or connect with us on social media via @herffjones.

COPYRIGHT COMPLIANCE

Herff Jones respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for subscribers and account holders who are repeat infringers.

Notifying Herff Jones of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Herff Jones: DMCA Notification Dept.” At copyrightagent@herffjones.com that sets forth the information specified by the DMCA (https://www.copyright.gov/title17/92chap5.html). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

Providing Herff Jones with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If you material has been removed and you feel that your material does not constitute infringement, you may provide Herff Jones with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at copyrightagent@herffjones.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

USER-GENERATED CONTENT REQUESTS

Respect Intellectual Property Rights
You should not post or share any work that you do not own; that you do not have a proper license to use or that you have not been authorized by Herff Jones to use. You should get permission from any third parties featured in photos and other content that You post – for example, a signed release, waiver, or another form of written permission from those third parties – even if you took the photo yourself, know the individuals involved and/or obtained verbal consent. If you are unsure about the material you are sharing, particularly in instances where it includes a third-party’s trademark/logo (e.g. a Coke can or Louis Vuitton bag), or music, film, or television clips, or a celebrity’s name, photo or image, you should check with Herff Jones before using the work. A good rule of thumb is if in doubt, do not share it.

Usage Rights

Herff Jones has the right to use any content submitted during this campaign or by request on social media on their website, social pages (organically and in paid promotion), emails, and any marketing material. Herff Jones may or may not give photo credit to you depending on the platform in which the content is shared. 

Engagement
In exchange for certain compensation, products, experiences, and other goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Herff Jones engages you to perform, and you agree to perform the services specified in the above brief for the fees and compensation outlined in the agreement. Except when otherwise expressly stated, you will deliver, by the brief, at your own expense and use your resources and equipment.

Confidential Information
Unless authorized by Herff Jones, you agree to hold all Confidential Information in strict confidence, not to disclose Confidential Information to any third parties, and to use Confidential Information solely to fulfill its obligations under these Terms. “Confidential Information” shall mean all information, excluding information available from the public domain, disclosed by Herff Jones to you related to these Terms or the current, future, and proposed business, products, and services of Herff Jones.

This is a CONFIDENTIAL DOCUMENT

By agreeing to join the campaign, you are committed to respecting the brief’s conditions and terms.

SMS MARKETING TERMS AND CONDITIONS

Last Updated: 7/25/23

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 8. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

Herff Jones and its subsidiary entities (collectively, “Herff Jones,” “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 Herff Jones products and services that may be of interest to you; and (3) to respond to your inquiries regarding your account or relationship with Herff Jones. We refer to our SMS text messaging program as the “Herff Jones SMS Program.”

1. E-SIGN Disclosure

By agreeing to enroll in the Herff Jones 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 Herff Jones at privacy@herffjones.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 Herff Jones 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 Herff Jones at privacy@herffjones.com with contact information and the address for delivery.

2. Signing Up for the Herff Jones SMS Program

We may allow you to sign up to receive text messages through our websites or apps, or forms provided at in-person events. 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 Herff Jones SMS Program, you agree to these SMS Terms, the Herff Jones Privacy Policy[ZG1] , and any applicable Terms of Use for the relevant Varsity subsidiary.

By signing up for the Herff Jones SMS Program, you agree that Herff Jones 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 Herff Jones text messages as a condition of purchasing goods or services from Herff Jones.

3. Costs of Signing Up for the Herff Jones SMS Program

Herff Jones 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. Eligibility

By signing up for the Herff Jones SMS Program, you represent that you are 13 years of age or older and understand the obligations and agree to the terms set forth in these SMS Terms, which forms a binding agreement 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.

6. Opting Out of Herff Jones Text Messages

If you no longer want to receive Herff Jones 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 Herff Jones SMS Program, you can re-enroll through our website, apps, or as otherwise instructed by us.

7. 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 Herff Jones SMS Program shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.

8. Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.

a.              Initial Dispute Resolution Procedure.  If a dispute arises between you and Herff Jones, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account, if applicable, to the following email address: [enter preferred email]. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with Herff Jones. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and Herff Jones agree to the further dispute resolution provisions below.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

b.              Mutual Arbitration Agreement.  If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to legal@herffjones.com[. If you are a Herff Jones registered user, any demand initiating arbitration, whether filed by You or Herff Jones, must include the email address you used to register with Herff Jones. 

You agree that by enrolling in or accessing the Herff Jones SMS Program in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Herff Jones and/or its subsidiaries, affiliates and each of their respective current or former members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “Herff Jones Entities”) arising out of, relating to, or connected in any way with the Herff Jones SMS Program or the determination of the scope, enforceability, or applicability of this agreement to arbitrate, including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment), will be resolved exclusively by final and binding arbitration in accordance with this Section 8 (“Arbitration Agreement”).  This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.  This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. 

Notwithstanding the parties’ decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initial chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court.  Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

c.              Class Arbitration and Collective Relief Waiver. YOU AND HERFF JONES ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN SUBPART (VI) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS HERFF JONES PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

With the exception of this subpart (iii) and subpart (vi) below, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, this subpart (iii) or subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Herff Jones shall be entitled to arbitrate their dispute.”

d.              Arbitration Rules.  The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM,  including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.  

e.              Arbitration Location and Procedure.  The arbitration shall be held in (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. The arbitrator shall apply Texas law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Agreement. 

If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Herff Jones submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise.  If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.  Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Herff Jones (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

f.               Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Herff Jones within reasonably close proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Herff Jones and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Herff Jones and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims.  The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims.  Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM.  This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.  Unless Herff Jones otherwise consents in writing, Herff Jones does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in subsection (vi) below.   If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled. 

The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filling.  If the batching provision in this subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Herff Jones shall be entitled to arbitrate any claim that is a part of the Mass Filing.

g.              Mediation Following First Batch in a Mass Filing.  The results of the first batch of demands will be given to a mediator who will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period either Herff Jones or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period.  Opt out of arbitration under this section shall not be construed as opt out of the section titled “Class Waiver” below. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing. 

h.              Arbitrator’s Decision.  The arbitrator’s decision shall be controlled by the terms and conditions of these SMS Terms and any of the other agreements referenced herein that the applicable user may have entered into in connection with participation in the Herff Jones SMS Program.  The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the “Limitation of Liability” section of the Agreement as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

i.               Fees.  If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Herff Jones will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11.  You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement. 

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in subsection (vi) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification.  The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

j.               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 legal@herffjones.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 Herff Jones SMS program, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Herff Jones also will not be bound by them.

k.              Changes.  Herff Jones will provide thirty (30) days’ notice of any changes to this “Mandatory Arbitration and Class Action Waiver” section, including by posting the change on Herff Jones’ website, app, or in-person forms, or providing any other notice in accordance with legal requirements.  Any such changes will go into effect 30 days after Herff Jones provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued.  If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed.  If Herff Jones changes this “Mandatory Arbitration and Class Action Waiver” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of or access to the Herff Jones SMS Program 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in subsection (x).

9. Contact

For more information, please contact us at privacy@herffjones.com. USER-GENERATED CONTENT REQUEST