SMS Terms & Conditions
IMPORTANT NOTICE: THESE SMS TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS WITH RESPECT TO HOW DISPUTES WITH HOOTERS ARE RESOLVED.
These SMS Terms and Conditions (the "SMS Terms") govern text messages from Hooters of America, LLC, including our affiliates, subsidiaries, representatives, franchisees, employees, contractors, agents and service providers ("Hooters," "company" "we," "us," or "our"), to you to provide you with information about Hooters promotions or offers that may be of interest to you ("Hooters Alerts").
Our Privacy Policy and Terms of Service, which provide information and notices concerning our collection, use, and disclosure of your information, are incorporated herein by reference.
SIGNING UP FOR MESSAGES
By registering for Hooters Alerts, you expressly agree that we may use any automated or non-automated technology to send you promotional and/or informational text messages. You understand that you are not required to receive Hooters Alerts as a condition of using services or products made available by Hooters.
COST OF MESSAGES
Hooters does not charge you for receiving text messages. However, 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.
FREQUENCY OF MESSAGES
We may send you an initial text message confirming that we have received your opt-in. After that, the number of text messages and phone calls you receive may vary depending on the campaign you register for and the types of messages you register to receive.
PARTICIPATING CARRIERS
Content is not available on all carriers and carrier participation could change. As of August 2020, our text messages can be sent through most carriers. If you have questions about your carrier please contact them directly. The content is not compatible with all mobile device models. The list of participating carriers may be changed at our sole discretion without prior notice. Hooters will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.
ELIGIBILITY
By signing up to receive Hooters Alerts, you represent that you are 18 years of age or older and understand the obligations and agree to the terms set forth in these SMS Terms and the Hooters' Terms of Service, all of which form binding agreements between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.
You are responsible for notifying Hooters immediately if you change your mobile telephone number by contacting us at [email protected]. You agree to indemnify Hooters in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Hooters 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.
OPTING OUT OF TEXT MESSAGES
If you no longer want to receive text messages from Hooters, you may text STOP to any text message from Hooters. After unsubscribing, we may send you confirmation of your opt-out via text message.
ARBITRATION AND CLASS ACTION WAIVER
Please read this carefully. It affects your rights.
Any dispute or claim relating in any way to your receipt or use of Hooters text messages will be resolved by binding arbitration, rather than court.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Hooters or Hooters' employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Hooters may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains 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 copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Hooters hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered before a single arbitrator administered by JAMS and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these SMS Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HOOTERS ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND HOOTERS AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Georgia, or any other location we mutually agree to, subject to Georgia law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
LIMITATION OF LIABILITY
To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
APPLICABLE LAW
Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Georgia.
SEVERABILITY
If any term of these SMS Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.
MODIFICATIONS TO THESE SMS TERMS
We reserve the right to modify these SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
CONTACT US
For more information please contact us at [email protected]