The Elaine and contracted entity BetterNOI, LLC offer message services related to your rental and/or rental application via recurring SMS (Short Message Service) and/or MMS (Multimedia Message Service) text alerts. By enrolling to receive text alerts, you 3 agree to these terms and conditions, which become effective upon your enrollment.
The text alert service is offered on an “as is” basis and may not be available in all areas or at all times. The Elaine and/or Better Leasing, LLC may discontinue the text alert service at any time in their sole discretion without notice or liability to you.
There is no separate charge for text alerts; however, mobile carrier message and data rates may apply. You are solely responsible for any message and data charges incurred pursuant to the terms and conditions of your mobile phone contract.
You may opt out of text alerts at any time. To stop receiving text alerts, please sign into your account and in the "Opt-In Communications" section of the page turn the toggle off for the phone numbers you wish to not recieve messages and click "Update Preferences" 1
1. For example: email@example.com. While BetterNOI does not have to offer an email, it is recommended that an email, phone number or webpage be provided as an additional option, so an option at no additional cost to the consumer is also available.
IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER. If You, The Elaine and/or BetterNOI, LLC elect to arbitrate a claim or dispute, the electing party must notify the other party or parties in writing. Said notice can be given after the beginning of a lawsuit and can be given by way of a motion or other paper(s) served in the lawsuit.
The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), applies to and governs this arbitration provision. Illinois law shall apply to the extent state law is relevant under Section 2 of the FAA in determining the validity of this provision.
This arbitration provision shall survive the termination of text alert services, including if you subsequently opt out of text alert services. This arbitration provision applies to and runs to the benefit of your, The Elaine and BetterNOI, LLC’s respective assigns, successors, executors, heirs and/or representatives.
Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its rules and procedures in effect at the time arbitration is started. You may obtain a copy of those rules and procedures at www.adr.org. Any court having jurisdiction may enter judgment upon the arbitrator’s award.
If any term of this arbitration provision, other than the class action waiver described above, is held to be invalid or unenforceable, the remaining terms are severable and enforceable to the fullest extent permitted by law.