Terms of service

Oodle Coffee SMS/MMS Mobile Message Marketing Program Terms and Conditions

Oodle Coffee (hereinafter, “We,” “Us,” “Our”) offers a mobile messaging program (the “Program”). By opting in to or participating in any of our Programs, you agree to these Mobile Messaging Terms and Conditions and our Privacy Policy (the “Agreement”). By participating, you accept these terms, including the resolution of disputes through binding arbitration, as detailed in the “Dispute Resolution” section below. This Agreement applies solely to the Program and does not modify other Terms and Conditions or Privacy Policies that govern your relationship with Us.

1. User Opt-In
The Program allows users to receive SMS/MMS mobile messages by affirmatively opting in via online or application-based forms. By participating, you consent to receive autodialed or prerecorded marketing mobile messages at the number associated with your opt-in, understanding that consent is not required for any purchase with Us. Message and data rates may apply, and message frequency varies.

2. User Opt-Out
To opt out, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us. You may receive a confirmation message upon opting out. Only these commands are recognized for opting out; variations may not be processed. Other methods of opting out, including verbal requests to our employees, are not acceptable.

3. Program Description
Users opting into the Program can expect messages regarding marketing, promotions, payment, delivery, and sales of Oodle Coffee products, including checkout reminders.

4. Cost and Frequency
Message and data rates may apply. You agree to receive messages periodically at Our discretion, with frequency varying based on your interactions with Us.

5. Support Instructions
For support regarding the Program, text “HELP” to the number you received messages from or email us at info@oodlecoffee.com. Note that using this email is not an acceptable method to opt out.

6. MMS Disclosure
The Program may send SMS messages if your device does not support MMS messaging.

7. Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times. We are not liable for delays or failures in message delivery, which is subject to your wireless carrier’s transmission capabilities.

8. Participant Requirements
You must have a wireless device capable of two-way messaging, be using a participating wireless carrier, and be a subscriber with text messaging service.

9. Age Restriction
You may not use the Program if you are under thirteen (13) years of age. If you are between thirteen (13) and eighteen (18), parental permission is required.

10. Prohibited Content
You agree not to send prohibited content over the Program, including fraudulent, defamatory, harassing, or unlawful material.

11. Dispute Resolution
Any disputes between you and Us, including those involving the Program, will be resolved through binding arbitration in Houston, Texas. The arbitration will be governed by the rules of the American Arbitration Association (AAA). Both parties agree to bring claims only in an individual capacity, not as part of a class action.

 

By consenting to Oodle Coffee’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at info@oodlecoffee.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

1. Arbitration:

By using or purchasing Oodle Coffee products or services, you agree that any controversy, claim, action, or dispute between you and Oodle Coffee arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Oodle Coffee’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

  1. Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Harris County, Texas, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Texas, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

  2. Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Oodle Coffee’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to PO BOX 230741, Houston, TX, 77223, US.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Oodle Coffee. You are responsible for ensuring Oodle Coffee’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

2. Class Action Waiver:

You and Oodle Coffee agree that you may bring or participate in Claims against Oodle Coffee only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Oodle Coffee agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.