SMS Terms & Conditions
Effective Date
This Terms of Use Agreement was last updated on 1/19/2025.
Please read these SMS Terms & Conditions (the “SMS Terms”) carefully. By enrolling or otherwise agreeing to receive text messages from or on behalf of Triple Crown Sports, you agree to these SMS Terms, as well as Triple Crown Sports's Terms of Use and Privacy Policy, which are incorporated herein by reference and can be viewed at the links provided here, or at www.tcsocalfastpitch.com. For purposes of these SMS Terms, “Triple Crown Sports,” “the Company,” “we,” or “us” shall mean Triple Crown Sports. and any of its subsidiaries, divisions, or affiliates.
PLEASE NOTE: SECTION 6 OF THESE SMS TERMS IS A MANDATORY DISPUTE RESOLUTION SECTION WITH AN ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE MANDATORY DISPUTE RESOLUTION SECTION AFFECTS HOW DISPUTES WITH TRIPLE CROWN SPORTS ARE RESOLVED. YOU AGREE TO BE BOUND BY THE MANDATORY DISPUTE RESOLUTION SECTION, INCLUDING THE ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE SMS TERMS CAREFULLY.
1. Opting into Text Messages: By opting into any Triple Crown Sports text program, you expressly consent to receive recurring marketing and/or transactional text messages that may be sent using an automatic telephone dialing system, by or on behalf of Triple Crown Sports, at the cell phone number you provide us. You consent to receive transactional, operational, or informational text messages at that phone number, including but not limited to order confirmations; shipping and delivery notifications; multi-factor authentication (at a frequency of 1 message per request); and reminders for payment deadlines, event registration, upcoming events, or any other reason pertenant to our events (collectively, Triple Crown Sports’s business operations are referred to herein as the “Services”). Please note we may not be able to deliver messages to all mobile carriers. Consent to receive texts is not a condition of purchasing any goods or services, and you understand and agree that all text messages may be sent using automated technology. Message and data rates may apply.
2. Participating Carriers: 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). Carriers are not liable for delayed or undelivered messages.
3. How to Opt Out and Get Help: To stop receiving text messages from Triple Crown Sports, you agree to reply STOP to the number sending the message. After replying STOP, you may receive additional communications confirming that your request has been received and processed, and you may continue to receive text messages for a short period while Triple Crown Sports processes your request(s). If you opt out of one Triple Crown Sports text messaging program, you will remain opted into other Triple Crown Sports text messaging programs (if applicable) unless you opt out of those programs separately. If you need further assistance, text HELP to the number sending the message, or contact Triple Crown Sports customer service at 951-789-2065. Below is more information on the types of text messages you may receive, and how to opt out of text messages from Triple Crown Sports. In all cases, consent to receive texts is not a condition of purchasing any goods or services, and message and data rates may apply;
5. Eligibility and Change in Phone Number: By opting into Triple Crown Sports's text messaging program(s) or by otherwise providing your cell phone number to Triple Crown Sports, you warrant that you are 18 years of age or older. You further warrant that you are the current subscriber or authorized user of the phone number you have provided. You agree that you will not initiate messages to the mobile phone of any other person or entity without authorization. Failure to do so constitutes a material breach of these SMS Terms and Triple Crown Sports's Terms of Use. Mobile carriers are not liable for delayed or undelivered messages.
6. Mandatory Dispute Resolution (including Arbitration, Class Action Waiver, & Jury Trial Waiver)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 A MANDATORY EARLY RESOLUTION PROCESS, BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.
In any Dispute, the arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these SMS Terms; (b) issues that relate to the scope, validity, and/or enforceability of the arbitration provision, class action waiver, or any of the provisions of this Mandatory Dispute Resolution clause; and (c) issues that relate to the arbitrability of any Dispute. These SMS Terms and their arbitration provision do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these SMS Terms evidence a transaction in interstate commerce and that the arbitration provision herein will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
The party initiating a Dispute must first send the other a written notice (the “Dispute Notice”) that includes all of the following information: (a) information sufficient to identify any transaction and/or account at issue in the Dispute, including any contact information (b) including your name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for such relief. The Dispute Notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you are the party initiating a Dispute, you must send us the Dispute Notice via email to [email protected]. If Triple Crown Sports has a Dispute with you, we will send a Dispute Notice to you at the most recent contact information we have on file for you.
For a period of sixty (60) days from receipt of a completed Dispute Notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the Dispute Notice may request a telephone settlement conference to aid in the early resolution of the Dispute. If such a conference is requested, you and a Triple Crown Sports representative will personally attend such a telephone settlement conference (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period following receipt of a Dispute Notice. This informal Early Resolution Process is a condition precedent to you or Triple Crown commencing a formal proceeding in arbitration or small claims court.
If the sufficiency of a Dispute Notice or compliance with this Early Resolution Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election and any arbitration shall be stayed pending resolution of such issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations, and to enjoin the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this process in arbitration or to raise non-compliance with a AAA process arbitrator. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed Dispute Notice through the conclusion of this Early Resolution Process. You or we may commence arbitration or a small claims court proceeding if a Dispute is not resolved through this Early Resolution Process.
An arbitration demand must (a) include all of the information required to be provided in the Dispute Notice above; (b) be accompanied by a certification of compliance with the Early Resolution Process above; and (c) be personally signed by the party initiating arbitration (and counsel, if represented). When initiating arbitration, you shall personally certify to Triple Crown Sports and to AAA that you are a party to this arbitration provision and provide a copy or link to it. By submitting an arbitration demand, the initiating party and counsel represent, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking more than Ten Thousand Dollars ($10,000.00 USD) or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Triple Crown Sports representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed-upon location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. You agree that you shall personally participate, along with your counsel if represented, in the initial conference with the arbitrator unless the parties agree otherwise. An arbitrator must follow and enforce these SMS Terms as a court would.
IF, AFTER EXHAUSTION OF ALL APPEALS, ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED INJUNCTIVE OR DECLARATORY RELIEF AND CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDINGS ARE FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), THEN SUCH A CLAIM OR REQUEST FOR RELIEF WILL BE DECIDED BY A COURT OF COMPETENT JURISDICTION, AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.
The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
If twenty-five (25) or more similar Disputes (including yours) are asserted against Triple Crown Sports by the same or coordinated counsel or are otherwise coordinated (a “Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources. If your claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
These Additional Procedures for Mass Arbitration are essential parts of this arbitration provision. If, after exhaustion of all appeals, a court of competent jurisdiction decides that these Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TRIPLE CROWN SPORTS WAIVE THE RIGHT TO A JURY TRIAL.
7. Changes to the SMS Terms: These SMS Terms may be updated by Triple Crown Sports at any time without prior notice. By continuing to be enrolled in any Triple Crown Sports promotional text messaging program, or by providing your cell phone number for transactional, operational, or informational text messages, you agree to any changes.
8. Questions: For questions about these SMS Terms or Triple Crown Sports's text messages, please contact Triple Crown Sports customer service at 951-789-2065.
This Terms of Use Agreement was last updated on 1/19/2025.
Please read these SMS Terms & Conditions (the “SMS Terms”) carefully. By enrolling or otherwise agreeing to receive text messages from or on behalf of Triple Crown Sports, you agree to these SMS Terms, as well as Triple Crown Sports's Terms of Use and Privacy Policy, which are incorporated herein by reference and can be viewed at the links provided here, or at www.tcsocalfastpitch.com. For purposes of these SMS Terms, “Triple Crown Sports,” “the Company,” “we,” or “us” shall mean Triple Crown Sports. and any of its subsidiaries, divisions, or affiliates.
PLEASE NOTE: SECTION 6 OF THESE SMS TERMS IS A MANDATORY DISPUTE RESOLUTION SECTION WITH AN ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE MANDATORY DISPUTE RESOLUTION SECTION AFFECTS HOW DISPUTES WITH TRIPLE CROWN SPORTS ARE RESOLVED. YOU AGREE TO BE BOUND BY THE MANDATORY DISPUTE RESOLUTION SECTION, INCLUDING THE ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE SMS TERMS CAREFULLY.
1. Opting into Text Messages: By opting into any Triple Crown Sports text program, you expressly consent to receive recurring marketing and/or transactional text messages that may be sent using an automatic telephone dialing system, by or on behalf of Triple Crown Sports, at the cell phone number you provide us. You consent to receive transactional, operational, or informational text messages at that phone number, including but not limited to order confirmations; shipping and delivery notifications; multi-factor authentication (at a frequency of 1 message per request); and reminders for payment deadlines, event registration, upcoming events, or any other reason pertenant to our events (collectively, Triple Crown Sports’s business operations are referred to herein as the “Services”). Please note we may not be able to deliver messages to all mobile carriers. Consent to receive texts is not a condition of purchasing any goods or services, and you understand and agree that all text messages may be sent using automated technology. Message and data rates may apply.
2. Participating Carriers: 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). Carriers are not liable for delayed or undelivered messages.
3. How to Opt Out and Get Help: To stop receiving text messages from Triple Crown Sports, you agree to reply STOP to the number sending the message. After replying STOP, you may receive additional communications confirming that your request has been received and processed, and you may continue to receive text messages for a short period while Triple Crown Sports processes your request(s). If you opt out of one Triple Crown Sports text messaging program, you will remain opted into other Triple Crown Sports text messaging programs (if applicable) unless you opt out of those programs separately. If you need further assistance, text HELP to the number sending the message, or contact Triple Crown Sports customer service at 951-789-2065. Below is more information on the types of text messages you may receive, and how to opt out of text messages from Triple Crown Sports. In all cases, consent to receive texts is not a condition of purchasing any goods or services, and message and data rates may apply;
- Mobile Marketing Alerts, SMS Informational Campaigns, One-Time Offer Campaigns, Event Related Information: By enrolling in text programs such as Mobile Marketing Alerts, SMS Informational Campaigns, One-Time Offer Campaigns, Event Related Information, you will receive recurring marketing and informational texts from or on behalf of Triple Crown Sports at the mobile number you provide when opting in. To be removed from these lists, reply STOP to the number you received a text or SMS message from; or call or text 951-789-2065. For help, reply HELP; text HELP to 951-789-2065; or contact us via email at [email protected]. After opting out of receiving text messages, you can re-enroll in any Triple Crown Sports text messaging program by following the instructions for that program. We would be happy to welcome you back.
5. Eligibility and Change in Phone Number: By opting into Triple Crown Sports's text messaging program(s) or by otherwise providing your cell phone number to Triple Crown Sports, you warrant that you are 18 years of age or older. You further warrant that you are the current subscriber or authorized user of the phone number you have provided. You agree that you will not initiate messages to the mobile phone of any other person or entity without authorization. Failure to do so constitutes a material breach of these SMS Terms and Triple Crown Sports's Terms of Use. Mobile carriers are not liable for delayed or undelivered messages.
6. Mandatory Dispute Resolution (including Arbitration, Class Action Waiver, & Jury Trial Waiver)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 A MANDATORY EARLY RESOLUTION PROCESS, BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.
- Disputes
In any Dispute, the arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these SMS Terms; (b) issues that relate to the scope, validity, and/or enforceability of the arbitration provision, class action waiver, or any of the provisions of this Mandatory Dispute Resolution clause; and (c) issues that relate to the arbitrability of any Dispute. These SMS Terms and their arbitration provision do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these SMS Terms evidence a transaction in interstate commerce and that the arbitration provision herein will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
- Early Resolution Process
The party initiating a Dispute must first send the other a written notice (the “Dispute Notice”) that includes all of the following information: (a) information sufficient to identify any transaction and/or account at issue in the Dispute, including any contact information (b) including your name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for such relief. The Dispute Notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you are the party initiating a Dispute, you must send us the Dispute Notice via email to [email protected]. If Triple Crown Sports has a Dispute with you, we will send a Dispute Notice to you at the most recent contact information we have on file for you.
For a period of sixty (60) days from receipt of a completed Dispute Notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the Dispute Notice may request a telephone settlement conference to aid in the early resolution of the Dispute. If such a conference is requested, you and a Triple Crown Sports representative will personally attend such a telephone settlement conference (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period following receipt of a Dispute Notice. This informal Early Resolution Process is a condition precedent to you or Triple Crown commencing a formal proceeding in arbitration or small claims court.
If the sufficiency of a Dispute Notice or compliance with this Early Resolution Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election and any arbitration shall be stayed pending resolution of such issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations, and to enjoin the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this process in arbitration or to raise non-compliance with a AAA process arbitrator. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed Dispute Notice through the conclusion of this Early Resolution Process. You or we may commence arbitration or a small claims court proceeding if a Dispute is not resolved through this Early Resolution Process.
- Arbitration Procedures
An arbitration demand must (a) include all of the information required to be provided in the Dispute Notice above; (b) be accompanied by a certification of compliance with the Early Resolution Process above; and (c) be personally signed by the party initiating arbitration (and counsel, if represented). When initiating arbitration, you shall personally certify to Triple Crown Sports and to AAA that you are a party to this arbitration provision and provide a copy or link to it. By submitting an arbitration demand, the initiating party and counsel represent, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking more than Ten Thousand Dollars ($10,000.00 USD) or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Triple Crown Sports representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed-upon location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. You agree that you shall personally participate, along with your counsel if represented, in the initial conference with the arbitrator unless the parties agree otherwise. An arbitrator must follow and enforce these SMS Terms as a court would.
IF, AFTER EXHAUSTION OF ALL APPEALS, ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED INJUNCTIVE OR DECLARATORY RELIEF AND CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDINGS ARE FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), THEN SUCH A CLAIM OR REQUEST FOR RELIEF WILL BE DECIDED BY A COURT OF COMPETENT JURISDICTION, AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.
The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
- Costs of Arbitration
- Additional Procedures for Mass Arbitration
If twenty-five (25) or more similar Disputes (including yours) are asserted against Triple Crown Sports by the same or coordinated counsel or are otherwise coordinated (a “Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources. If your claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
- STAGE ONE: If at least one hundred (100) Disputes are submitted as part of a Mass Arbitration, counsel for the claimants and counsel for Triple Crown Sports shall each select fifty (50) Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than one hundred (100) Disputes, all shall proceed individually in Stage One). Each of the one hundred (100) (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Triple Crown Sports shall pay the mediator’s fee.
- STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Triple Crown Sports shall each select one hundred (100) Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in Stage Two). No more than five (5) cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and Triple Crown Sports shall pay the mediator’s fee. Upon the completion of the mediation set forth in this Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these SMS Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process.
These Additional Procedures for Mass Arbitration are essential parts of this arbitration provision. If, after exhaustion of all appeals, a court of competent jurisdiction decides that these Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.
- Opting Out of the Arbitration Provision
- Future Changes to the Arbitration Provision
- Class Action Waiver; Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TRIPLE CROWN SPORTS WAIVE THE RIGHT TO A JURY TRIAL.
7. Changes to the SMS Terms: These SMS Terms may be updated by Triple Crown Sports at any time without prior notice. By continuing to be enrolled in any Triple Crown Sports promotional text messaging program, or by providing your cell phone number for transactional, operational, or informational text messages, you agree to any changes.
8. Questions: For questions about these SMS Terms or Triple Crown Sports's text messages, please contact Triple Crown Sports customer service at 951-789-2065.