Effective Date: April 09, 2025
Please read these SMS Terms & Conditions (the “SMS Terms”) carefully. By enrolling in or agreeing to receive text messages from STRIVE FOR PROGRESS LLC and its participating partners, you acknowledge and accept these SMS Terms, along with STRIVE FOR PROGRESS LLC’s Terms of Use and Privacy Policy. These policies, incorporated by reference, can be accessed at striveforprogress.org.
For the purposes of these SMS Terms, references to “STRIVE FOR PROGRESS LLC,” “the Company,” “we,” or “us” include STRIVE FOR PROGRESS LLC, its participating partners, subsidiaries, divisions, and affiliates.
IMPORTANT NOTICE: SECTION 6 CONTAINS A MANDATORY DISPUTE RESOLUTION CLAUSE, INCLUDING ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. THESE TERMS AFFECT YOUR LEGAL RIGHTS REGARDING DISPUTES WITH STRIVE FOR PROGRESS LLC. PLEASE REVIEW THIS SECTION CAREFULLY.
Opting Into Text Messages
By opting into any STRIVE FOR PROGRESS LLC text program, you expressly consent to receive recurring marketing, transactional, operational, or informational messages at the phone number you provide. These messages may be sent via an automated telephone dialing system and may include order confirmations, shipping and delivery updates, authentication requests (limited to one message per request), appointment reminders, or cancellations.
Message delivery may be subject to carrier limitations. Opting into text messages is not a condition for purchasing goods or services. Standard message and data rates may apply.
Carrier Liability
Mobile carriers are not responsible for delayed or undelivered messages.
Opting Out
To stop receiving text messages, reply STOP to the number from which you received the message. You may receive a confirmation text acknowledging your opt-out request. You may continue to receive messages for a short period while your request is processed. Opting out of one messaging program does not automatically opt you out of others; separate requests must be made for each program.
For additional assistance, contact us at 909-403-3755 or email info@striveforprogress.org.
Costs
Message and data rates may apply for text messages sent or received. For questions regarding your text or data plan, please consult your wireless provider.
Eligibility & Phone Number Changes
By opting into text messaging, you confirm that you are at least 18 years old and the current subscriber or authorized user of the provided phone number. You agree not to send messages from STRIVE FOR PROGRESS LLC to any unauthorized individuals. Failure to comply constitutes a material breach of these SMS Terms and our Terms of Use. Mobile carriers are not responsible for delayed or undelivered messages.
Mandatory Dispute Resolution (Arbitration, Class Action Waiver, & Jury Trial Waiver)
PLEASE READ CAREFULLY – THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING THE ABILITY TO FILE A LAWSUIT OR HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION INCLUDES A MANDATORY EARLY RESOLUTION PROCESS, BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.
By agreeing to these SMS Terms, you consent to resolve disputes through binding arbitration rather than in court. Arbitration is conducted by a neutral arbitrator instead of a judge or jury, with limited discovery and appellate review rights. You waive your right to participate in class actions or jury trials. Please review this section in full before agreeing to these terms.
For more details, please visit striveforprogress.org.
Disputes
Any dispute, claim, or controversy arising from or relating to these SMS Terms, your use of our services, or your relationship with STRIVE FOR PROGRESS LLC (including its participating partners, subsidiaries, affiliates, employees, officers, directors, agents, successors, and assigns) shall be resolved through binding individual arbitration, as outlined in these SMS Terms. However, either party may choose to bring a dispute before a small claims court, provided the case remains within the court’s jurisdiction and is not escalated to a general jurisdiction court. The determination of whether a dispute falls under small claims court jurisdiction shall initially be made by the small claims court itself, with a court of competent jurisdiction making any final determinations.
The term “Dispute” is defined broadly and includes, but is not limited to:
Any claim or dispute arising before, during, or after the existence of these SMS Terms, including claims related to marketing or advertising.
Any claim is currently subject to class action litigation in which you are not an official member of a certified class.
Any future claims that may arise following the termination of these SMS Terms.
However, the term “Dispute” does not cover disagreements regarding intellectual property, including patents, copyrights, trademarks, trade secrets, piracy, or unauthorized use of proprietary materials.
In any arbitration proceeding, the arbitrator will have authority over all matters except for:
Issues explicitly reserved for a court under these SMS Terms.
Disputes regarding the validity, enforceability, or scope of the arbitration clause or the class action waiver.
Determinations on whether a dispute is eligible for arbitration.
These SMS Terms and their arbitration provisions do not prevent you from reporting concerns to any governmental agency. Both parties agree that these SMS Terms constitute a transaction in interstate commerce and that arbitration will be governed by the Federal Arbitration Act and applicable federal arbitration laws.
Early Resolution Process
STRIVE FOR PROGRESS LLC and its participating partners are committed to resolving disputes efficiently and in good faith through an Early Resolution Process before pursuing arbitration or small claims court.
If you wish to initiate a dispute, you must first submit a written Dispute Notice containing:
Sufficient details to identify the transaction or account in question
Your contact information, including name, address, phone number, and email
A clear description of the issue, the relief sought, and any relevant calculations
Your personal signature (and your attorney’s, if applicable)
You must send the Dispute Notice by mail to:
305 N. 2nd Ave #400, Upland, CA 91786
If STRIVE FOR PROGRESS LLC initiates a dispute with you, we will send a written Dispute Notice to your most recent contact information on file.
Upon receipt of a completed Dispute Notice, both parties agree to negotiate in good faith for at least sixty (60) days to attempt to resolve the dispute informally. Either party may request a telephone settlement conference as part of this process. The conference must be attended personally by both you and a representative from STRIVE FOR PROGRESS LLC, with legal counsel if applicable. If necessary, this conference may take place beyond the initial 60-day resolution period.
Participation in the Early Resolution Process is a mandatory prerequisite before proceeding with arbitration or small claims court. If either party fails to comply with this process, the matter may be reviewed and enforced by a court of competent jurisdiction. Additionally, arbitration proceedings shall be paused until compliance is determined.
All applicable statutes of limitations will be suspended from the date a valid Dispute Notice is received until the Early Resolution Process is concluded. If no resolution is reached, either party may then proceed with arbitration or a small claims court filing.
Arbitration Procedures
Any dispute arising under these SMS Terms shall be resolved through arbitration in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules and Supplementary Rules for Mass Arbitration, as applicable (“AAA Rules”), modified by this arbitration provision and these SMS Terms. The AAA Rules can be accessed online at www.adr.org. Both parties acknowledge and agree that the AAA’s administrative determination that this arbitration provision aligns with the Consumer Due Process Protocol is final, and neither a court nor an arbitrator has the authority to review it further. If the AAA is unavailable or unwilling to conduct the arbitration as per this provision and these SMS Terms, the parties shall mutually agree upon a replacement arbitration administrator. If no agreement is reached, a court of competent jurisdiction shall appoint an arbitration administrator to oversee the arbitration in accordance with this provision.
A demand for arbitration must:
(a) Include all required information outlined in the Dispute Notice;
(b) Be accompanied by a certification of compliance with the Early Resolution Process; and
(c) Be personally signed by the initiating party (and counsel, if applicable).
When initiating arbitration, the initiating party must personally certify to STRIVE FOR PROGRESS LLC (and its participating partners) and to the AAA that they are bound by this arbitration provision and provide a copy or link to it. By submitting a demand, the initiating party and their counsel represent, as they would in a court of law, that they are complying with the Federal Rule of Civil Procedure 11(b). The arbitrator has the authority to impose sanctions in accordance with Federal Rule of Civil Procedure 11 on represented parties and their counsel.
Arbitration may be conducted via phone, video, in-person hearing, or written submissions. However, for disputes seeking more than $10,000 USD or injunctive relief, an in-person or video hearing is required unless both parties agree otherwise. Either party retains the right to request a hearing before the arbitrator. Representatives from both parties, including a designated representative from STRIVE FOR PROGRESS LLC (and its participating partners), shall personally attend any arbitration hearing (with counsel if represented). Any in-person hearing will take place in the county or parish where the initiating party resides or another mutually agreed-upon location.
The arbitrator may grant any relief available in a court of law on an individual basis, including injunctive or declaratory relief, only for the individual party seeking relief and only to the extent necessary for that claim. To the fullest extent permitted by law, both parties agree that claims may only be brought in an individual capacity, not as part of any class, collective, consolidated, private attorney general, or representative proceeding. Unless both parties agree otherwise, the arbitrator shall not consolidate claims or preside over any form of class, collective, consolidated, or representative proceeding. The initiating party agrees to personally participate, along with their counsel if represented, in the initial conference with the arbitrator unless otherwise agreed. The arbitrator must enforce these SMS Terms as a court would.
Judicial Review and Enforceability
IF, AFTER EXHAUSTING ALL APPEALS, ANY PROVISION PROHIBITING NON-INDIVIDUALIZED INJUNCTIVE OR DECLARATORY RELIEF OR CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDINGS IS FOUND UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), THEN THAT SPECIFIC CLAIM OR REQUEST FOR RELIEF WILL BE DECIDED BY A COURT OF COMPETENT JURISDICTION, WHILE ALL OTHER CLAIMS AND REQUESTS FOR RELIEF SHALL BE RESOLVED THROUGH ARBITRATION.
The arbitrator shall provide a reasoned, written decision explaining the essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 following an award. A judgment on any arbitration award may be entered in any court of competent jurisdiction, except for awards that have been satisfied, which shall not be entered. Any arbitration award shall not have a preclusive effect in other proceedings where the party was not named.
Costs of Arbitration
The allocation of arbitration fees will be determined based on the AAA Rules and applicable fee schedules. Both parties share a common interest in minimizing costs and increasing the efficiency of arbitration proceedings. Either party may engage with the AAA regarding arbitration fees, and both parties (including counsel, if represented) agree to work collaboratively and in good faith to maintain cost-effectiveness for all involved.
Additional Procedures for Mass Arbitration
You and STRIVE FOR PROGRESS LLC agree that the following “Additional Procedures for Mass Arbitration” shall apply if you choose to participate in a Mass Arbitration, in addition to the other provisions outlined in Section 6.
If twenty-five (25) or more similar disputes (including yours) are filed against STRIVE FOR PROGRESS LLC (and its participating partners) by the same legal counsel or through coordinated representation, such cases will be considered a “Mass Arbitration.” You acknowledge and agree that the resolution of your dispute may be delayed and could ultimately proceed in court. To streamline the process, conserve resources, and facilitate resolution, both parties’ legal counsel must engage in good faith discussions to address procedural matters, information exchange, and potential dispute resolution strategies. If your claim is part of a Mass Arbitration, any applicable time limitations (including statutes of limitations) will be paused from the date your dispute is first submitted to the American Arbitration Association (AAA) until it is selected for arbitration, settled, withdrawn, or otherwise resolved.
STAGE ONE: If at least one hundred (100) disputes are included in a Mass Arbitration, each party’s counsel will select fifty (50) disputes to proceed as individual arbitration cases. If fewer than one hundred (100) disputes exist, all will proceed individually in Stage One. Each selected case will be assigned to a different arbitrator and resolved independently. If any case is withdrawn before an arbitration decision is issued, another claim will be selected to proceed in its place. Disputes not selected for this stage will not be filed, and no arbitration fees will be assessed. Following this initial arbitration round, both parties will engage in a global mediation session led by a retired federal or state court judge, selected jointly by the legal teams to attempt resolution of remaining disputes. STRIVE FOR PROGRESS LLC (and its participating partners) will cover the mediator’s fee.
STAGE TWO: If disputes remain unresolved after Stage One, each party’s legal counsel will select an additional one hundred (100) disputes to proceed in a second stage of individual arbitrations. If fewer than two hundred (200) disputes remain, all will proceed individually in this stage. No more than five (5) cases will be assigned to a single arbitrator. If a case is withdrawn before an arbitration decision is reached, another claim will be selected to replace it. Disputes not included in this stage will not be filed, nor will arbitration fees be assessed. After these arbitration proceedings, a second global mediation session will be held with a jointly selected retired federal or state court judge, with STRIVE FOR PROGRESS LLC (and its participating partners) covering the mediator’s fee.
If any disputes remain unresolved after Stage Two, they will be opted out of arbitration and may proceed in a court of competent jurisdiction, as outlined in these SMS Terms. However, both parties’ legal teams may mutually agree in writing to continue arbitration for some or all remaining disputes under Stage Two procedures or another agreed-upon process.
A court of competent jurisdiction has the authority to enforce these Additional Procedures for Mass Arbitration, including restricting the filing or prosecution of arbitrations and the assessment of related fees. These procedures are integral to the arbitration agreement. If, after all, appeal options are exhausted, a court determines that these procedures apply to your dispute but are unenforceable, your dispute will not proceed to arbitration but will be handled in a court of competent jurisdiction as per the remaining Terms.
Opting Out of the Arbitration Provision
If you previously agreed to arbitration with STRIVE FOR PROGRESS LLC (and its participating partners) and did not submit a valid opt-out request, updates to these SMS Terms do not provide a new opportunity to opt-out. However, if you previously opted out of arbitration, we will continue to honor your valid request.
To opt out of arbitration, you must submit a personally signed, written notice via U.S. Certified Mail to:
STRIVE FOR PROGRESS LLC (and its participating partners)
305 N. 2nd Ave #400, Upland, CA 91786
Your notice must include:
Your full name
Your address
Your phone number
A clear statement of your intent to opt out of this arbitration provision
This opt-out request must be postmarked no later than thirty (30) days from the date you first became subject to this arbitration provision. Please note that opting out applies solely to this arbitration provision and does not impact any other provisions of the SMS Terms or any arbitration agreements you may have entered into or may enter into in the future with STRIVE FOR PROGRESS LLC (and its participating partners).
Future Changes to the Arbitration Provision
If STRIVE FOR PROGRESS LLC (and its participating partners) makes future modifications to the arbitration provision (excluding updates to our contact information), you have the right to reject such changes. To do so, you must send a personally signed, written notice via U.S. Certified Mail within thirty (30) days of the change to:
STRIVE FOR PROGRESS LLC (and its participating partners)
305 N. 2nd Ave #400, Upland, CA 91786
Rejecting a future modification does not serve as a complete opt-out from arbitration or affect any other provisions of the Mandatory Dispute Resolution section. If you reject a change, any dispute between you and STRIVE FOR PROGRESS LLC (and its participating partners) will continue to be subject to the arbitration terms in effect before the modification.
Class Action Waiver; Jury Trial Waiver
To the fullest extent permitted by law, both you and STRIVE FOR PROGRESS LLC (and its participating partners) agree that any legal proceeding—whether in arbitration or in court—shall be conducted only on an individual basis. This means:
No claims may be brought as part of a class action, collective action, consolidated action, private attorney general action, or any other representative proceeding.
You and we waive any right to initiate or participate in such actions in arbitration or court, except where class-wide settlements are permitted.
Additionally, to the fullest extent permitted by law, you and STRIVE FOR PROGRESS LLC (and its participating partners) waive the right to a jury trial in any dispute.
Changes to the SMS Terms
STRIVE FOR PROGRESS LLC (along with its participating partners) reserves the right to update these SMS Terms at any time without prior notice. By continuing your enrollment in any STRIVE FOR PROGRESS LLC promotional text messaging program or by providing your mobile number for transactional, operational, or informational messages, you acknowledge and accept any modifications to these terms.
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Phone Number Privacy Policy
We respect your privacy and are committed to protecting your personal information.
Use of Information: We use your phone number to send SMS messages regarding your inquiry and customer care-related topics
Mobile phone information or opt-in data collected will not be shared, sold, or disclosed to third parties or affiliates for marketing purposes.
Opt-Out: Reply “STOP” to unsubscribe or “HELP” for assistance.
Message Disclosures: Message frequency varies. Message and data rates may apply.
Data Security: Your data is protected and retained only as needed. Questions
If you have any questions regarding these SMS Terms or STRIVE FOR PROGRESS LLC’s text messaging services, please contact our customer support team at 909-403-3755 or email us at info@striveforprogress.org.