By “Opting In” to or using a Smylie Coffee Catering “Text Message Service” (both terms defined below), you accept these Terms & Conditions.
THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
Opting In.
By Opting In to a Text Message Service:
You authorize Smylie Coffee Catering (operated by Smylie & Co., LLC) to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on file for the account associated with your Opt-In). You also authorize Smylie Coffee Catering to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase.
You are signing your Opt-In to the Text Message Service
You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In
You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact Smylie Coffee Catering at [insert business phone/email]. To view and retain an electronic copy of these Terms & Conditions or the rest of your Opt-In, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These Terms & Conditions still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service.
After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
About the Text Message Services and Opting Out.
Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. Smylie Coffee Catering may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply. For Text Message Services operated through a designated SMS number or short code, you can get help by texting HELP to that number, and you can opt out by texting STOP to that number. Your opt-out request may generate either a confirmation text or a texted request to clarify the Text Message Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification.
You consent to the handling of your information as described in the Smylie Coffee Catering Privacy Policy.
Dispute resolution by binding individual arbitration.
ANY DISPUTE INVOLVING YOU AND Smylie Coffee Catering OR ANY OF ITS AGENTS MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS FOLLOWS:
ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND
ANY DISPUTE TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
“Dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way whatsoever to your relationship or interaction with Smylie Coffee Catering, its agents, and its present and future subsidiaries, affiliates, and designees whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Examples of relationships or interactions giving rise to a covered claim include, without limitation: (1) your use of Smylie Coffee Catering’s websites; (2) your participation in any loyalty, rewards, or subscription programs; (3) your receipt of catering, event, delivery or consultation services provided by Smylie Coffee Catering or its agents; (4) any communications between you and Smylie Coffee Catering; and/or (5) your purchase of products or services offered, sold, or distributed by Smylie Coffee Catering including, but not limited to, any Dispute arising from the advertising of, or the sales practices related to, such products and services.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
Before either Party may initiate an arbitration proceeding, you and Smylie Coffee Catering agree to engage in a good faith effort to resolve the Dispute informally for 60 days, unless that time is extended by agreement. If you intend to initiate an arbitration proceeding, you must first send a fully completed notice of your Dispute (the “Notice”) to Smylie Coffee Catering. The Notice must include your name and contact information (address, telephone number, and email address) and information sufficient to enable Smylie Coffee Catering to identify any transaction at issue. The Notice must also include a detailed description of (1) your Dispute; (2) the specific facts supporting your claim(s); (3) the nature and basis of the damages you claim to have suffered; and (4) a calculation and explanation of the relief sought. Your Notice shall be personally signed by you and sent to Smylie & Co., LLC at [Insert Business Address], Texas, United States. If Smylie Coffee Catering intends to initiate an arbitration proceeding, it will send a Notice to you at the contact information we have on file.
YOU AND Smylie Coffee Catering AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.
If for any reason a claim may proceed in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.
This dispute resolution provision shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, any services and your relationship with Smylie Coffee Catering.
Applicable law.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF TEXAS), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES AGAINST Smylie Coffee Catering.
Mobile carriers.
Text Message Services are supported on most U.S. carriers. Supporting mobile carriers may change without notice. Smylie Coffee Catering and the mobile carriers are not liable for delayed or undelivered messages.
Definitions.
“Text Message Service” includes any arrangement or situation in which Smylie Coffee Catering sends (or indicates that it may send, or receives a request that it send) one or more text messages
“Opting In,” “Opt In,” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages
“Smylie Coffee Catering” means Smylie & Co., LLC and its affiliates and subsidiaries
Privacy Policy
SMS Privacy Policy
Smylie Coffee Catering is committed to protecting your privacy. This Privacy Policy (the “Policy”) governs how we treat the Personal Information that we collect and receive from you in connection with your use of the SMS Service (“Service”), which we make available to you through a third-party service provider. This Policy is incorporated into the Terms of Service.
By using the Service, you agree to the terms of this Policy. Smylie Coffee Catering reserves the right, in its sole discretion, to modify or change this Policy at any time with or without prior notice to you. The date of the last update will be posted at the top of this Policy for your convenience. This Policy, and any changes, are effective as soon as posted. Your continued use of the Service following the posting of any changes to the Policy constitutes your full acceptance of those changes.
“Personal Information” is information that individually identifies you, such as your mobile phone number or user/screen name, as well as any Personal Information that you choose to include in messages you send through the Service. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
What Personal Information is collected about you
Through the use of the Service, Smylie Coffee Catering will receive the following information from our third-party service provider: your mobile phone number when you send a text message to us, the text of messages that you send, any user or screen name that you select in connection with the Service, as well as any comments or feedback regarding the Service that you send to us.
How Smylie Coffee Catering uses Personal Information about you
We use Personal Information to (a) provide you with the Service, (b) process and respond to inquiries, (c) improve the Service, (d) if necessary, contact you with important announcements or messages, (e) conduct research, and (f) provide anonymous reporting for internal and external business purposes.
Each message that you send through the Service is stored on our servers. We retain these messages. Smylie Coffee Catering utilizes servers and services owned by third parties.
Disclosure of your information
We will not rent or sell your Personal Information to other companies or individuals, unless we have your consent. We may use or disclose such information in any of the following limited circumstances:
We have your consent.
We need to enforce our Terms of Service.
We provide such information to trusted businesses or persons for the sole purpose of processing Personal Information on our behalf, subject to confidentiality and security obligations.
We provide such information to third parties who have entered into non-disclosure agreements with us.
We provide such information to a company controlled by, or under common control with, Smylie Coffee Catering for any purpose permitted by this Policy.
We respond to subpoenas, court orders, or legal process.
We believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to physical safety, violations of our Terms, or as otherwise required by law.
We transfer Personal Information if Smylie Coffee Catering or its assets are acquired or merged.
We may share aggregated information without identifying individuals.
Security
Smylie Coffee Catering takes precautions to ensure the security of your Personal Information, including ensuring that third-party service providers protect your data. However, we cannot guarantee that unauthorized parties will never gain access. Information transmitted via SMS travels through third-party infrastructures beyond our control.
We cannot protect, nor does this Policy apply to, information you transmit to other users.
Opting in
A mobile user might opt-in by:
Entering a phone number online
Sending a Mobile Originating (MO) message containing a keyword
Filling out a paper form
Signing up at an event or point-of-sale location
Opting out
You may opt out of the Service for any reason by texting “STOP” or “QUIT” to the number from which you receive messages.
We reserve the right to send certain administrative communications relating to the Service without offering the opportunity to opt out of those messages.
Children
The Service is not intended for children under 13, and Smylie Coffee Catering does not knowingly collect information from children under the age of 13.
Children aged 13 or older should not submit any Personal Information without parental permission. By using the Service, you represent that you are at least 18 years old, or at least 13 years old with parental permission.
Intended audience
Smylie Coffee Catering requires that users of this Service be limited to U.S. residents only.
Questions or concerns?
If you have additional questions regarding this Policy, you may contact us by emailing howdy@smylie.coffee