"Opting In," "Opt In," and "Opt-In" refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.

"Text Message Service" includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).

By consenting to receive text messages from us, you agree to these Text Messaging Terms and Conditions, as well as our Terms of Use and Privacy Policy, incorporated herein by reference. By Opting In, you agree that your consent shall act as your signature to agree to receive recurring messages from us, including, without limitation, recurring marketing messages, including such messages sent through automatic telephone dialing systems.

Such consent is not a condition of making any purchase. While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system.

We respect your privacy. We only use your opt-in status information to transmit your mobile messages and respond to you. This includes, but isn't limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DON'T SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS TO ANY THIRD PARTY. Nonetheless, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. This Text Message Service Privacy Policy applies to your use of the Text Message Service and isn't intended to modify our general Privacy Policy, incorporated by reference above, which may govern the relationship between you and us in other contexts.

We do not charge you for the messages you send and receive via this text message service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. You acknowledge and agree that:

(a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Text Message Service; and

(b) all such charges are billed by and payable to your mobile service provider.

Please contact your participating mobile service provider for pricing plans, participation status and details.

You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.

This Text Messaging Service is for conversational person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request).

If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. You may also opt out by emailing use at SMS-opt-out@aes.com. As a person-to-person communication service, opt-out requests are specific to each conversation between you and one of our employees and their associated phone number. After unsubscribing, we may send you confirmation of your opt-out via text message.

You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages.

We may suspend or terminate your participation in the Text Message Service if we believe you are in breach of these Terms & Conditions. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses.

We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, for any or no reason and with or without notice to you.

For support, contact RecruitingHelp@aes.com

THE PARTIES AGREE TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS & CONDITIONS OR OTHERWISE RELATING TO THE TEXT MESSAGE SERVICE THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.

YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST AES IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING.

In the event a court determines that the foregoing is unenforceable, then such claim must be severed from arbitration and brought in court, subject to AES’ right to appeal.

Good Faith Discussions. You and AES must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then such dispute shall be resolved solely by binding arbitration as set forth in these Terms & Conditions.

Rules. You and AES agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”). The Rules can be found at https://www.adr.org/Rules. You and AES agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act governs the interpretation and enforceability of this agreement to arbitrate.

Initiating a Claim. The party initiating arbitration must provide the other party a Demand for Arbitration in accordance with the Rules. Any Demand for Arbitration shall be in writing and shall be delivered to the other party and the AAA. The dispute shall be heard by three (3) neutral arbitrators, who shall be selected as follows: (a) the party initiating the arbitration shall nominate an arbitrator in its demand for arbitration; (b) the responding party shall nominate an arbitrator within 15 days of its receipt of the demand for arbitration; (c) within 15 days of the appointment of the two arbitrators by the AAA (which period may be extended upon agreement of the parties), the two arbitrators shall jointly nominate the third arbitrator, who shall serve as the chair of the arbitration. If the two party-nominated arbitrators cannot agree on the appointment of the chair within the designated period, the AAA shall appoint the chair in accordance with the Rules.

Arbitrator. The arbitrators shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Site or Content, including as to the enforceability and/or formation of this agreement to arbitrate made between you and AES.

Location; Language. You agree that arbitration shall take place exclusively in Arlington County, Virginia. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary. Arbitration shall be conducted in the English language.

Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.

Changes to this Agreement to Arbitrate. If AES modifies this arbitration provision, you may reject that change by sending AES written notice within thirty (30) days of our posting of the change to the Site and you must immediately stop using the Site and Content.

The Arbitrator’s Decision. The arbitrator’s decisions and judgement will be final and binding on the parties but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.

Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.

Exceptions. Notwithstanding anything to the contrary in this Section, you and AES each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.

Furthermore, in the event these Terms & Conditions are held to be a consumer agreement, certain countries, jurisdictions or provinces (e.g., Quebec) may prohibit this agreement to arbitrate and/or the waiver of class actions, in which case the applicable portions of this clause shall be severed from these Terms & Conditions and the remaining terms and conditions in these Terms & Conditions will continue in full force and effect.

Except to the extent otherwise required by applicable laws of your jurisdiction, these Terms & Conditions shall be interpreted, construed and governed by the laws of the State of Virginia, without reference to its laws relating to conflicts of law. Except to the extent otherwise required by the applicable laws of your jurisdiction, the venue for all disputes arising under these Terms & Conditions or resulting from your participation in the Text Message Service shall lie exclusively in the federal and state courts located in Arlington County, Virginia, and you hereby consent to the personal jurisdiction of such courts.

AES’ failure to enforce any provision in these Terms & Conditions will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by AES and shall not be construed as a waiver or relinquishment to any extent of AES’ right to assert or rely upon any such provision or right in that or any other instance.

If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, void, or unenforceable, that provision will be severed from the remaining provisions, and the remaining provisions will remain in full force and effect. Notwithstanding anything in these Terms & Conditions to the contrary, AES reserves all rights, defenses, and permissible limitations under the laws of your jurisdiction.