Spencer's Nation SMS Terms and Conditions

Spencer's Nation SMS Terms and Conditions

Participants in the Spencer's Nation program may elect to receive recurring SMS text messages ("Texts") that contain alerts, special offers and other content from Spencer's ("we," "our," "us"). By signing up to receive Texts, you agree to be bound by these SMS Terms and Conditions ("Terms"). If you do not agree to these Terms, the Spencer's Nation Terms and Conditions, and our Privacy Policy, please do not sign up to receive Texts.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING SPENCER'S LIABILITY AND REQUIRING MANDATORY ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS TO RESOLVE DISPUTES.

General Information

The Program is open only to legal residents of the United States (the "Eligibility Area") who are the age of majority in their jurisdiction at the time of registration in the Program. This Program is void where prohibited or restricted by law. All federal state and local laws apply

How to Participate:

You may opt in to receive recurring Texts in various ways, including through the Spencer's Nation enrollment process. The number of Texts you receive each month may vary depending on your interactions with Spencer's.

Although Texts are complimentary, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier to receive Texts.

By enrolling to receive Texts, you certify that (1) you are the age of majority in the jurisdiction in which you reside, (2) you are the account holder of the mobile number you are enrolling (or you have the account holder's permission to enroll the number), and (3) you agree to these Terms.

You agree to maintain accurate, complete, and up-to-date information with us, including by notifying us immediately if you cease being the account holder of the mobile number you enrolled to receive Texts.

Consent to receive marketing SMS text messages is not required as a condition of purchasing any goods or services.

Autodialer or non-autodialer technology may be used to send the Texts described above to the mobile phone number you enroll.

To stop receiving Texts, simply respond by texting "STOP" to any Texts you have received. You can also text "HELP" if you need assistance.

Spencer's does not guarantee availability or performance of text messaging services and is not responsible for delays related to the transmission of Texts.

Compatible Mobile Carriers

Texts may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Carriers are not liable for delayed or undelivered messages.

Dispute Resolution / Mandatory Binding Individual Arbitration / Class Action Waiver

In the unlikely event that a disagreement arises between you and Spencer's, please first contact Spencer's directly as indicated below so that both parties may work in good faith to find a mutually agreeable solution.

If the issue cannot be resolved within sixty (60) days, you and Spencer's agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with these Texts or these Terms, (collectively, "Dispute") through binding individual arbitration conducted by a neutral arbitrator as mutually agreed upon in writing. You agree that the term "Dispute" in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of Spencer's, or third party if Spencer's could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and Spencer's agree to assert all such Disputes in a single arbitration so they may be resolved at the same time or they will be deemed waived.

CLASS AND COLLECTIVE ACTION WAIVER: You and Spencer's explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of Spencer's. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in this Agreement, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the entirety of this Dispute Resolution/Mandatory Binding Arbitration provision shall not apply and the Dispute must be brought exclusively in a state or federal court in New Jersey. Accordingly, you and Spencer's consent to the exclusive personal jurisdiction and venue of such courts for such matters.

  • 1. As stated above, we require you to first contact us directly at legaldept@spencergifts.com to seek a resolution. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator of the Judicial Arbitration and Mediation Services Inc. ("JAMS") using JAMS' streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Spencer's consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the "metropolitan statistical area" (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and Spencer's will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Spencer's to pay a greater portion or all of such fees and costs in order for this Section 9(A) to be enforceable, then Spencer's will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will (a) apply applicable law and the provisions of these Terms and Conditions and any Additional Terms; (b) determine any Dispute according to applicable law and facts in the record and no other basis; and (c) issue a reasoned award only in favor of the party seeking relief and only to the extent such relief is warranted by that party's claim. This arbitration provision shall survive termination of these Terms and Conditions.
  • 2. Upon filing of the arbitration demand, we will pay all filing, administration, and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Spencer's will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses, and preparation and presentation of evidence at the arbitration.
  • 3. WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. Any Dispute shall otherwise be governed by the internal laws of the State of New Jersey without regard to New Jersey choice of law principles, except that the provisions of this Agreement concerning arbitration shall be governed by the Federal Arbitration Act. The arbitrability of Disputes shall be determined by the arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New Jersey.
  • 4. Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act (an "Agreement"). You and Spencer's agree that we intend that this Section 9 satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual written agreement.
  • 5. In the event that JAMS is unavailable or unwilling to hear the Dispute, you and Spencer's shall agree to, or a court shall select, another arbitration provider.
  • 6. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

Contact Us

For questions about these Texts or these Terms, pyou can send an email to guestservices@spencergifts.com or call (800) 762-0419.