Real Garfield Messaging Terms & Conditions
You agree to receive recurring automated promotional and personalized marketing text (e.g.,
SMS and MMS) messages (e.g. cart reminders) from Real Garfield, including text messages
that may be sent using an automatic telephone dialing system, to the mobile telephone number
you provided when signing up or any other number that you designate. Consent to receive
automated marketing text messages is not a condition of any purchase. Msg & Data rates may
Message frequency will vary. Real Garfield reserves the right to alter the frequency of
messages sent at any time, so as to increase or decrease the total number of sent messages.
Real Garfield also reserves the right to change the short code or phone number from which
messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable
in all areas. Real Garfield, its service providers and the mobile carriers supported by the
program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers:
AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile,
Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian
Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of
Northeast Pennsylvania, Cincinnati Bell Wireless, 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).
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After
texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one
additional message confirming that your request has been processed. You acknowledge that our
text message platform may not recognize and respond to unsubscribe requests that do not
include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that
Real Garfield and its service providers will have no liability for failing to honor such
requests. If you unsubscribe from one of our text message programs, you may continue to
receive text messages from Real Garfield through any other programs you have joined until
you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and
submit the form with details about your problem or your request for support, or email
This message program is a service of Real Garfield, located at 4008 MIRAMAR AVE, Dallas, Texas 75205.
General. In the interest of resolving disputes between you and Real Garfield in the most
expedient and cost effective manner, you and Real Garfield 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 Real Garfield 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 Real Garfield 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 Real Garfield 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.
Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be
deemed to waive, preclude, or otherwise limit the right of you or Real Garfield 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.
Arbitrator. Any arbitration between you and Real Garfield 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 Real Garfield. The
arbitrator has exclusive authority to resolve any dispute relating to the interpretation,
applicability, or enforceability of this binding arbitration agreement.
Notice; Process. If you or Real Garfield 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"). Real Garfield address for Notice is: 4008 MIRAMAR AVE, Dallas, Texas 75205, 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 Real Garfield
will make good faith efforts to resolve the claim directly, but if you and Real Garfield
do not reach an agreement to do so within 30 days after the Notice is received, you or
Real Garfield may commence an arbitration proceeding. During the arbitration, the amount
of any settlement offer made by you or Real Garfield 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, Real Garfield 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 Real Garfield 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 Real Garfield 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 Real Garfield made within 14 days of the arbitrator's ruling
on the merits.
No Class Actions. YOU AND Real Garfield 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 Real Garfield
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
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in
these Messaging Terms, if Real Garfield makes any future change to this arbitration
provision, other than a change to Real Garfield address for Notice, you may reject the
change by sending us written notice within 30 days of the change to Real Garfield 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
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.