IMPORTANT DISCLOSURES & CONSENTS
These Important Disclosures & Consents (these “Terms” or “Terms and Conditions”) govern your participation in the messaging programs, promotions, sweepstakes, loyalty programs, event registrations, purchases, promotional features, and any other form, feature, or channel through which the Company communicates with you (collectively, the “Programs”) that are offered by GR OPCO, LLC d/b/a E11EVEN MIAMI or any of its affiliates, agents, and service providers (collectively, the “Company”). In these Terms, references to “you” or “your” refer to the individual providing information to the Company or participating in any Program.
1. Agreement to Arbitrate and Class Waiver
By participating in any Program or otherwise providing your information to the Company, you agree that any dispute, claim, or controversy arising out of or relating to your participation in the Programs, your interactions with the Company, or these Terms shall be resolved exclusively through final and binding arbitration administered by New Era ADR (www.neweraadr.com) in accordance with its applicable arbitration rules then in effect. The arbitration shall be conducted before a single neutral arbitrator. The arbitration provisions of these Terms shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If New Era ADR is unavailable to administer the arbitration, the arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its consumer arbitration rules.
You further agree not to seek any relief as a member of a class and irrevocably agree to opt out of any class action litigation against Company. You acknowledge that by doing so you are waiving your right to have any such dispute, claim, or controversy heard by a jury or a judge.
In the event you seek to file any claim in court and the Company or any of its affiliates are required to compel arbitration or seek to dismiss the class claims, you acknowledge that the prevailing party on such issue, i.e., the issue of compelling arbitration or dismissing class claims, shall be entitled to their reasonable attorney fees and costs.
2. Consent to Receive Text Messages, Emails, and Calls
By accepting these Terms and Conditions you agree to receive text messages, calls, and marketing email communications as follows:
By providing your telephone number, email address, electronic signature, or other contact information through any Program, you agree to these Terms and Conditions and you authorize the Company and its affiliates, agents, and service providers to:
a. make, deliver, or cause to be delivered or allow the placement of telephonic sales and telemarketing calls to you by telephone call, text message, or voicemail transmission;
b. use an automatic telephone dialing system, an artificial or prerecorded voice, an automated system for the selection or dialing of telephone numbers, the playing of a recorded message when a connection is completed to a number called, and/or the transmission of a prerecorded voicemail, or the transmission of text messages including SMS, MMS, RCS, or similar messaging technologies to communicate with you; and
c. send advertisements, telemarketing messages, promotions, event alerts, loyalty program communications, sweepstakes notifications, ticket announcements, promotional offers, and important information about purchases, tickets, reservations, or other transactions with the Company to you by telephone call, text message, or email.
By providing a telephone number to the Company, you represent and warrant that the number you provided is your own telephone number or that you have the authority to provide that number and to consent to receiving communications at that number from the Company. You also agree, as part of your entry into a Program and your text, call, or email authorization to the use and validity of an electronic signature, and that information relating to this consent can be provided to you through an electronic record.
You understand that:
x. You are not required to provide consent to receive telemarketing communications as a condition of purchasing any goods or services from the Company or participating in any Promotion;
y. You may opt out of text messages at any time in the future by texting “STOP” in response to Company texts, and you may opt out of marketing emails at any time by clicking the unsubscribe link contained in such messages; and
z. message and data rates may apply.
3. Recurring Marketing Text Message Program
By signing up via text or otherwise providing your mobile number through a Program or other messaging opt-in, you agree to receive recurring automated promotional and personalized marketing and sales text messages (e.g., cart reminders or notices of upcoming events) from the Company at the cell number used when signing up.
Consent to receive automated marketing text messages is not a condition of purchasing any goods or services from the Company or participating in any Promotion.
Reply HELP for help and STOP to cancel in response to any automated message. After sending an opt-out request, you may receive one additional message confirming that your request has been processed. The Company may use third-party messaging platforms to deliver or administer messaging programs, and such platforms may have their own operational requirements for message delivery and opt-out processing.
Message frequency varies. Message and data rates may apply. The Company reserves the right to alter the frequency of messages sent at any time, including to increase or decrease the total number of messages sent. The Company also reserves the right to change the short code, sending number, or other messaging identifier from which messages are sent, and will notify users of such changes where required by applicable law.
Not all mobile devices, handsets, or carriers may be supported and messages may not be deliverable in all areas. The Company, its service providers, and the mobile carriers supported by the messaging program are not liable for delayed or undelivered messages.
If you unsubscribe from one of the Company’s messaging programs, you may continue to receive text messages from other messaging programs you have joined until you separately unsubscribe from those programs.
4. Promotions, Sweepstakes, and Giveaways
From time to time, the Company may conduct sweepstakes, giveaways, contests, or other promotional programs through its messaging services, websites, social media platforms, events, or other Company platforms (collectively, “Promotions”).
Participation in Promotions may be subject to additional official rules, terms, eligibility requirements, or prize conditions applicable to the specific Promotion (the “Promotion Rules”). In the event of a conflict between these Terms and Conditions and any Promotion Rules, the Promotion Rules shall govern with respect to that Promotion.
No purchase or payment is necessary to enter or win any Promotion unless expressly stated otherwise in the applicable Promotion Rules. Where required by applicable law, Promotions will include a free alternate method of entry that does not require a purchase.
The Company reserves the right to disqualify any individual who tampers with or attempts to tamper with the entry process, messaging program, website, or operation of any Promotion, or who violates these Terms and Conditions, applicable Promotion Rules, or applicable law.
The Company and its service providers are not responsible for technical malfunctions, network failures, delayed or undelivered messages, incorrect or inaccurate entry information, human error, transmission errors, or other issues affecting participation in Promotions.
The Company further reserves the right to modify, suspend, or terminate any Promotion if the integrity or proper functioning of the Promotion is compromised.
Participation in Promotions and redemption of any prize may also be subject to venue policies, age verification requirements, security screening, and admission rules applicable to Company venues or events.
By participating in any Promotion, you agree to release and hold harmless the Company and its affiliates, members, managers, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claim, liability, loss, damage, or expense arising out of or relating to participation in the Promotion, acceptance or use of any prize, or any technical or operational issues associated with the Promotion.
5. Privacy Policy
By accepting these Terms and Conditions, entering any Programs, or otherwise providing your information to the Company, you acknowledge that you have reviewed, understand, and agree to be bound by the Company’s Privacy Policy available at https://11miami.com/privacy-policy, as it may be updated from time to time.
The Privacy Policy is incorporated into these Terms and Conditions by reference and governs the Company’s collection, use, disclosure, storage, and protection of your personal information in connection with your participation in any Company website, program, promotion, messaging service, loyalty program, event registration, sweepstakes, purchase, or other interaction with the Company.
In connection with the Company’s messaging programs, the Company may collect and maintain information related to your participation in the messaging service, including the mobile telephone number you provided, records relating to your consent to receive messages, messaging opt-in and opt-out history, message delivery records, message interaction data, and any information included in messages you send to the Company.
The Company may use third-party service providers to administer its messaging programs and related marketing communications, including service providers that facilitate the delivery and management of SMS or similar messaging services. These providers may process certain personal information on the Company’s behalf in accordance with the Company’s Privacy Policy, the privacy policies of such third-party providers, and applicable law.
Information collected through the Company’s messaging programs may be combined with information collected through the Company’s Programs in order to provide a more personalized customer experience, subject to the Company’s Privacy Policy. The Company may also use aggregated or de-identified information relating to messaging program participation, website usage, and promotional activity for analytics, research, marketing insights, and business improvement purposes, provided that such information does not identify individual users.
6. Electronic Signatures in Global and National Commerce Act ("E-SIGN") Disclosures
The Company offers you the ability to provide electronic consents and signatures, execute electronic agreements, and receive electronic communications in connection with your participation in the Programs.
You agree and consent to receive, and to allow us to deliver, all communications electronically, including promotions, event notices, ticket sales, mandatory and regulatory disclosures (even if required by law to be delivered in writing), account statements and notices, transaction information, receipts, confirmations, agreements and authorizations, and any and all other account and Program-related communications, documentation, or information.
7. Methods of Communication
You agree that communications sent electronically or by text message will have the same legal effect as if they were provided in paper form and satisfy any legal requirement that they be provided “in writing.” You agree that any electronic consent and/or signature you provide to Company has the same legal effect as a physical signature and/or consent.
You have the right to request a paper copy of any communication at no charge and can do so by calling us at 305-829-2911. We will mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic communication to you.
8. Equipment Requirements for Electronic Communications
To participate in the Programs and to access and receive electronic communications, you must provide Company with an active and valid email address or phone number and make available, at your own expense, the following equipment, hardware, and/or software:
a. a current version of an Internet browser we support;
b. an internet connection;
c. a computer, mobile phone, or other device capable of connecting to and accessing the Internet and/or cellular service and capable of accessing text messages and email;
d. a current version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader) and/or electronic images; and
e. a printer with ink and paper if you wish to print communications or retain a paper copy, or electronic storage capacity if you wish to retain records electronically.
It is your responsibility to provide Company with true, accurate, and complete contact and other information related to this E-SIGN Disclosure and Consent and to maintain and update us promptly with any changes. To update your information, call us at 305-829-2911.
You may withdraw your E-SIGN consent to receive communications electronically at any time by calling 305-829-2911. Please allow five (5) to seven (7) business days for us to process your request.
You may also opt out of emails or text messages by following the unsubscribe or opt-out instructions located within any message you receive from Company.
9. Do-Not-Call Policy
The Company has a written policy for maintaining do-not-call numbers which is available on demand.
You may obtain a copy of the Company policy relating to its telemarketing programs by:
a. emailing 11marketing@11miami.com, or
b. mailing a request to E11EVEN MIAMI, 29 NE 11th St, Miami, FL 33132.
All do-not-call requests will be honored within a reasonable time.
10. Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, any Company messaging program, promotion, sweepstakes, loyalty program, event registration, purchase transaction, or the collection or use of personal information in connection therewith shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles.
To the extent any dispute is determined not to be subject to arbitration pursuant to Section 1 above, the parties agree that the state and federal courts located in Miami-Dade County, Florida shall have exclusive jurisdiction over such dispute, and the parties hereby consent to the personal jurisdiction and venue of such courts.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO: (A) PARTICIPATION IN ANY PROMOTION, SWEEPSTAKES, CONTEST, LOYALTY PROGRAM, OR EVENT REGISTRATION; (B) PARTICIPATION IN ANY COMPANY MESSAGING OR MARKETING PROGRAM; (C) DELAYED, UNDELIVERED, MISDIRECTED, CORRUPTED, OR INCOMPLETE COMMUNICATIONS, ENTRIES, OR MESSAGES; (D) TECHNICAL ERRORS, SYSTEM FAILURES, TELECOMMUNICATIONS FAILURES, MOBILE CARRIER ISSUES, OR PLATFORM OUTAGES; OR (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
12. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its parents, affiliates, subsidiaries, members, managers, officers, directors, employees, agents, contractors, licensors, partners, and service providers from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
a. your violation of these Terms;
b. your misuse of any Company Program;
c. your violation of any applicable law, rule, or regulation; or
d. your infringement or violation of the rights of any third party.
The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
13. Changes to Terms
The Company reserves the right to modify or update these Terms from time to time in its sole discretion. Updated Terms may be posted on the Company’s website, incorporated into promotional materials, messaging program enrollment pages, or otherwise made available to participants.
Your continued participation in any Company Program governed by these Terms after such updates constitutes your acceptance of the revised Terms.
14. Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
15. Assignment
The Company may assign or transfer these Terms, in whole or in part, to any affiliate, successor entity, purchaser of assets, or other third party without notice to you. You may not assign these Terms without the prior written consent of Company.
16. Entire Agreement
These Terms, together with the Company’s Privacy Policy and any applicable promotion rules, program-specific terms, or additional disclosures provided at the time of entry, registration, purchase, or messaging enrollment, constitute the entire agreement between you and the Company regarding the matters described herein and supersede all prior or contemporaneous agreements, communications, or understandings relating to such matters.
17. Contact Information
The Company welcomes your questions or comments regarding these Terms. If you have any questions regarding these Terms, please contact us at:
GR OPCO, LLC
1112 N Miami Ave
Miami, Florida 33136
Email Address:
contact@11miami.com
Telephone number:
(305) 829-2911
