Books-A-Million Mobile Terms & Conditions

Books-A-Million

Mobile Terms & Conditions

Books-A-Million offers its customers marketing and promotional mobile alerts (e.g., cart reminders) by text message on 82609 as well as order, shipping, and delivery notifications by text message on 82609 (The “Service”). By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Books-A-Million is headquartered at 402 Industrial Lane, Birmingham, AL 35211 and may send text messages from this address or other locations.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. Only United States mobile numbers are eligible to participate. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Books-A-Million reserves the right to stop offering the Service at any time with or without notice. Books-A-Million also reserves the right to change the short code, phone number, or RCS agent from which messages are sent, and we will notify you when we do so.

By opting into the Service, you:

A. Authorize Books-A-Million to send recurring text messages, which may be automated or AI-generated, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in) at any time and frequency.

B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.

C. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 1-800-201-3550 or email our customer support email address at support@booksamillion.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on 82609, the timing and frequency of messages may vary based on your interactions and initiated texts. You may receive alerts about:

A. Sale promotions

B. Event information

C. Product launch announcements

D. Cart reminders

E. Back in stock alerts

F. Price drop alerts

G. Low inventory alerts

Once you opt in to the Service on 82609, your message frequency may vary based on your interactions and the texts you initiate. You may receive alerts about:

A. An order has been placed

B. An order has been shipped

C. An order has been delivered

Forwarded Messages or Referrals

If you forward or share links contained in text messages from Books-A-Million, any interactions with those links (including clicks, sign-ups, or browsing activity) may trigger notifications or follow-up messages sent to you. Standard message and data rates may apply.

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Books-A-Million may add or remove any wireless carrier from the Service at any time without notice. Books-A-Million and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Books-A-Million, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 82609 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Books-A-Million. You can also contact us at 1-800-201-3550 or email our customer support email address at support@booksamillion.com. These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP to 82609 at any time for help. This will provide you with our customer service information, including our 1-800-201-3550 number and our customer support email address, support@booksamillion.com. You can also contact us at 402 Industrial Lane, Birmingham, AL 35211.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

Dispute Resolution

(a)  General. In the interest of resolving disputes between you and Books-A-Million in the most expedient and cost-effective manner, you and Books-A-Million agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Books-A-Million or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Books-A-Million or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Books-A-Million ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

(b)  Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Books-A-Million to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

(c)  Arbitrator. Any arbitration between you and Books-A-Million will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Books-A-Million. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

(d)  Notice; Process. If you or Books-A-Million intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Books-A-Million's address for Notice is: 402 Industrial Lane, Birmingham, Alabama 35211, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Books-A-Million will make good faith efforts to resolve the claim directly, but if you and Books-A-Million do not reach an agreement to do so within 30 days after the Notice is received, you or Books-A-Million may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Books-A-Million must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Books-A-Million will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Books-A-Million for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Books-A-Million agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Books-A-Million made within 14 days of the arbitrator's ruling on the merits.

(e)  No Class Actions. YOU AND Books-A-Million AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Books-A-Million agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

(f)  Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Books-A-Million makes any future change to this arbitration provision, other than a change to Books-A-Million address for Notice, you may reject the change by sending us written notice within 30 days of the change to Books-A-Million address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Books-A-Million.

(g)  Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken, and the remainder of these Messaging Terms shall remain in full force and effect.