SMS & MMS TERMS AND CONDITIONS

SHORTCODE: 20723

PROGRAM NAME: Café Zupas Offer Alerts

MESSAGING FREQUENCY:
SMS message frequency – 4 messages/month
MMS message frequency – 4 messages/month

PRICING: Although the Company’s messages are a free service, the text messages are a standard rated, non-premium service. As such, your mobile carrier’s standard message and data rates may apply. Please contact your wireless carrier for more information.

 
APPLICATION PROVIDER: Marketing Cloud

 
FOR HELP CONTACT: 1-801-878-4536 or info@cafezupas.com

PROGRAM DESCRIPTION

Café Zupas (the “Company”) customers may opt-in to the Café Zupas Offer Alerts program (“Program”) to receive special offers and other promotional text messages sent from the Company’s short code (20723) to your mobile device. By opting in to the Program, you consent to receive these text messages and to be bound by the following terms and conditions. The Company does not use an automatic telephone dialing system to generate, store, or deliver its text messages. Consent is not required to purchase goods or services.

 
ELIGIBILITY

 
To participate in the Program, you must have a wireless cellular device of your own that is capable of two-way messaging using a participating wireless carrier. Further, you must be a resident of the United States and 18 years of age or older. The Company reserves the right to require you to prove that you are at least 18 years of age.

USER OPT-IN & TEXT-4-INFO KEYWORDS

You may opt in to the Program by texting ZUPAS to 20723. You may also text the Company for information using specific keywords. If you would like to query our system for a single response from a specific department (e.g. text CATERING to 20723), then you will only receive the response requested and will not be subscribed to any new recurring alerts.

 

SUBMITTING PHOTOS

 
By submitting materials such as photos, you give the Company permission to edit, publish, promote or otherwise use such materials without additional permission, notice or compensation, and with no obligation of any kind to you, while waiving any rights or claims against the Company arising from the submission. You warrant that your entry is your original work and does not infringe upon or violate the rights of any third party.

 

USER OPT-OUT

 
To opt out of future messages at any time, text STOP to 20723 or reply QUIT, END, CANCEL, UNSUBSCRIBE to any message received from the Company.

 

CARRIERS SUPPORTED (U.S. ONLY)

 
AT&T, Sprint, T-Mobile®, Verizon Wireless, Virgin Mobile USA, U.S. Cellular®, Metro PCS, ACS Wireless, All West Wireless, Bluegrass, Boost USA, Cambridge Telecom, Cellcom, Cellular South, Centennial, Cincinnati Bell, Cricket Communications, Cellular One of East Central Illinois, Appalachian Wireless, Farmer’s Mutual Telephone Company, General Communications, Golden State Cellular, PC Management, Inland Cellular, Illinois Valley Cellular, Nex-Tech Wireless, Nucla-Naturita, nTelos, Revol, Silver Star PCS (Gold Star), Snake River PCS, South Central, Syringa, Thumb Cellular, UBET Wireless, Unicel, United Wireless, and West Central Wireless.

*T-Mobile is not liable for delayed or undelivered messages

 

NO WARRANTIES

 
Delivery of information and content to your mobile device may fail due to a variety of circumstances and conditions. Delivery of text messages is subject to effective transmission from your wireless service provider/network operator, which is beyond the control of the Company. Accordingly, the Company is not liable for any delays or failures in the receipt of any text messages connected with this program or issues arising from the.

PRIVACY POLICY:

The Company respects your privacy. We will only use information you provide to transmit your text message. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH OUR SERVICE TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.Top of Form

 

INDEMNITY

 
You agree to indemnify the Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify the Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

 
GOVERNING LAW & DISPUTE RESOLUTION

 
These Terms and Conditions are governed by the laws of the United States (including federal arbitration law) and the State of Utah, without regard to its principles of conflicts of law, and regardless of your location.  Except for disputes that qualify for small claims court, all disputes arising out of or related to these terms or any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that you are waiving the right to trial by a jury.  You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.  The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by the Company that an in-person hearing is appropriate.  The arbitrator’s decision will follow these terms and will be final and binding.  The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.  The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

 
MISCELLANEOUS

 
You warrant and represent to the Company that you have all necessary rights, power, and authority to agree to these terms and perform your obligations hereunder, and nothing contained in this agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing.

 
CHANGES TO TERMS AND CONDITIONS

 
The Company reserves the right to change these terms from time to time. Any updates to these terms shall be communicated to you. You acknowledge your responsibility to review these terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these terms, as modified.

 

TERMINATION OF TEXT MESSAGING

 

The Company may suspend or terminate your receipt of Company text messages if the Company believes you are in breach of these SMS Terms and Conditions.  Your receipt of Company text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice.