Text message terms & conditions

By opting in, you elect to receive marketing and support text messages from the MoMA Design Store (as set forth herein, the “MoMA Design Store Text Message Program”), either via our website or by sending a text message indicating your consent, you are providing (and signing) your prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional, and your consent is not a condition for purchase. If you wish to opt out, text STOP to 40376. Text HELP to 40376 if you would like more information. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. Your participation is subject to the Text Message Privacy Policy below. Your opt-out will be effective after we send you a confirmation. Mobile Internet access is required. You represent that you are legally competent and have legal authority to form a contract and provide this consent with regard to the phone number you provide and that you reside in the United States. You may not consent on behalf of someone else or provide someone else’s phone number. 

You agree to enter into, sign, and receive this consent to receive text messages electronically. Print this page using your Internet-connected computer or device and web browser to retain a copy of your consent. You can withdraw your consent electronically. For help, text HELP to 40376. We may obtain the date, time, and content of your messages in the course of your use of Text Messaging.  

These Text Terms and Conditions, the relationship between you and MoMA, and MoMA’s MoMA Design Store Text Message Program, shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions.

MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS

ANY DISPUTE RELATING IN ANY WAY TO THESE TEXT TERMS AND CONDITIONS OR MOMA’S MOMA DESIGN STORE TEXT MESSAGE PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK, NEW YORK. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, YOU AND MOMA UNDERSTAND AND AGREE THAT YOU AND MOMA ARE GIVING UP THE RIGHT TO A COURT OR JURY TRIAL. YOU AND MOMA FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY MOMA INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE MOMA MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

To the fullest extent permissible under applicable law, MoMA is not responsible or liable for any direct, indirect, incidental, consequential, or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, your participation in the MoMA Design Store Text Message Program. This applies even if foreseeable or even if MoMA has been advised of the possibility of such damages.