Find a Community
Text Message Program Terms and Conditions
Participants may elect to receive recurring marketing SMS and MMS text messages (“Texts”) that may include promotional alerts, contest announcements, event information, and other content (“Text Message Program”) from Atria Senior Living, Coterie Senior Living, or Holiday Senior Living (collectively “Atria,” “us,” “we,” or “our”). By signing up to receive Texts, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms and our Privacy Policy, please do not sign up to receive Texts.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING ATRIA’S LIABILITY AND REQUIRING MANDATORY ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS TO RESOLVE DISPUTES.
General Information
You may opt in to receive recurring promotional Texts in various ways, including online, through your account settings, or by sending a text message to a short code number to enroll. You consent to the use of electronic record-keeping to document your opt-in consent.
By enrolling to receive Texts, you certify that (1) you are the age of majority in the jurisdiction in which you reside, (2) you are the account holder of the mobile number you are enrolling, and (3) you agree to the practices described in these Terms and in our Privacy Policy.
Providing consent to receive marketing Texts is not required as a condition of purchasing any goods or services.
Although Texts are complimentary, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier to receive Texts. The number of Texts you receive each month may vary depending on your interactions with us.
You agree to maintain accurate, complete, and up-to-date information with us, including by contacting Atria immediately by calling (877) 620-0310 or emailing us at CAprivacyrequest@atriaseniorliving.com with the subject line “Text Message Program” if you cease to be the account holder of the mobile number you enrolled to receive Texts.
Autodialer or non-autodialer technology may be used to send the Texts described above to the mobile phone number you enroll.
To stop receiving Texts, simply respond by texting “STOP” to any Text(s) you have received. Consumers may receive one additional message confirming opt-out. You also may text “HELP” if you need assistance.
Atria does not guarantee availability or performance of text messaging services, and Atria is not responsible for delays related to the transmission of Texts or for undelivered Texts.
Compatible Mobile Carriers
Texts may not be available in all areas or supported by all carriers or all devices. Supported carriers include: AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, MetroPCS, and other regional carriers. We may add or remove any wireless carriers from the Text Message Program at any time without notice. Check with your carrier for details. Carriers are not liable for delayed or undelivered messages.
Dispute Resolution / Mandatory Binding Individual Arbitration / Class Action Waiver
In the unlikely event that a disagreement arises between you and Atria, please first contact Atria immediately by calling (877) 620-0310 or emailing us at CAprivacyrequest@atriaseniorliving.com with the subject line “Text Message Program” so that we may work in good faith to find a mutually agreeable solution.
If the issue cannot be resolved within sixty (60) days, you and Atria agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with these Texts or these Terms, (collectively, “Dispute”) through binding individual arbitration conducted by a neutral arbitrator as mutually agreed upon in writing. You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of Atria, or third party if Atria could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and Atria agree to assert all such Disputes in a single arbitration so they may be resolved at the same time or they will be deemed waived.
CLASS AND COLLECTIVE ACTION WAIVER: You and Atria explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of Atria. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in this Agreement, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the entirety of this Dispute Resolution/Mandatory Binding Arbitration provision shall not apply and the Dispute must be brought exclusively in a state or federal court in Kentucky. Accordingly, you and Atria consent to the exclusive personal jurisdiction and venue of such courts for such matters.
- As stated above, we require you to first contact Atria directly by calling (877) 620-0310 or emailing us at CAprivacyrequest@atriaseniorliving.com with the subject line “Text Message Program” to seek a resolution. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator selected in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), in a reasonably convenient location agreed to by the parties in accordance with the AAA’s Consumer Due Process Protocol (including, but not limited to the AAA’s Consumer-Arbitration Rules, available at the Alternative Dispute Resolution or “ADR” Consumer site), except that we may seek injunctive or other appropriate relief in any state or federal court. You can also obtain AAA procedures, rules, and fee information by visiting the ADR Consumer site.
- If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and Atria will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Atria to pay a greater portion or all of such fees and costs in order for this provision to be enforceable, then Atria will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will (i) apply applicable law and the provisions of these Terms; (ii) determine any Dispute according to applicable law and facts in the record and no other basis; and (iii) issue a reasoned award only in favor of the party seeking relief and only to the extent such relief is warranted by that party’s claim. This arbitration provision shall survive termination of these Terms.
- Upon filing of the arbitration demand, we will pay all filing, administration, and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Atria will reimburse you for the filing fee within thirty (30) days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses, and preparation and presentation of evidence at the arbitration.
- WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. Any Dispute shall otherwise be governed by the internal laws of Kentucky without regard to Kentucky choice of law principles, except that the provisions of this Agreement concerning arbitration shall be governed by the Federal Arbitration Act. The arbitrability of Disputes shall be determined by the arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Kentucky.
- Certain portions of this Dispute resolution section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Atria agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual written agreement.
- In the event the AAA is unavailable or unwilling to hear the Dispute, you and Atria shall agree to, or a court shall select, another arbitration provider.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE, THEN YOU MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
Contact Us
For questions about the Text Message Program or these Terms, contact Atria immediately by calling (877) 620-0310 or emailing us at CAprivacyrequest@atriaseniorliving.com with the subject line “Text Message Program”.