IMPORTANT! PLEASE READ THESE TUPELO HONEY TEXT PROGRAM TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY TEXT MESSAGING PROGRAM BY TUPELO HONEY HOSPITALITY CORPORATION OR ITS AFFILIATES AND LICENSEES (COLLECTIVELY AND INDIVIDUALLY “TUPELO HONEY” OR “WE” OR “US”). BY SIGNING UP FOR ONE OR MORE OF TUPELO HONEY’S TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE TERMS AND CONDITIONS.
By signing up for one or more Tupelo Honey text messaging programs (each individually and collectively the “Program”), you expressly consent to receive recurring marketing or informational text messages, as applicable, from Tupelo Honey and others texting on its behalf, at the telephone number(s) that you provide. By participating in the Program, you agree to receive autodialed or prerecorded marketing text messages (whether short message service (SMS) or multimedia message service (MMS)) at the telephone number provided by you and associated with your opt-in. While you consent to receive messages sent using an auto-dialer, the foregoing shall not be interpreted to suggest or imply that any or all text messages are sent using an automatic telephone dialing system (“ATDS” or “auto-dialer”). You may opt-out of these communications at any time. Consent to receive text messages is not a condition of any purchase or job application.
BACK TO TOPTupelo Honey text messages are intended to provide you with marketing and information regarding Tupelo Honey products and services or job opportunities with Tupelo Honey. Tupelo Honey may also provide you with transaction-related information.
The number of Tupelo Honey text messages that you receive will vary depending on which Tupelo Honey text messaging programs for which you sign up to receive messages, the frequency of the messages sent by those programs, and the frequency of your interactions with Tupelo Honey. Tupelo Honey reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages.
Message and data rates may apply to each text message sent or received in connection with Tupelo Honey text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans or questions), in addition to any applicable roaming charges. Tupelo Honey does not impose a separate fee for sending Tupelo Honey text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
BACK TO TOPTo opt-in to receive text messages from a Tupelo Honey text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages.
BACK TO TOPTo stop receiving text messages from a specific Tupelo Honey text messaging program, text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit number from which its text messages are being sent). You acknowledge that you may then receive one (1) final message from Tupelo Honey confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with that five-digit short code. You will remain opted in to other Tupelo Honey text messaging programs.
BACK TO TOPIf you are participating in the Program because you applied for a job with Tupelo Honey, you may have the option to respond to text messages with more than key words. You cannot send us any of the following content:
You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Tupelo Honey immediately if you change your mobile telephone number. You may notify Tupelo Honey of a number change by contacting [email protected]. You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at [email protected]. The duty to inform us based on the above events is a condition of participating in the Program.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
BACK TO TOPThe Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier. You acknowledge and agree that Tupelo Honey is not responsible or liable for delivery issues arising from network services (e.g., delayed or undelivered messages or the security of any messages).
To participate in the Program, you must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
BACK TO TOPThe short codes we use for the Program are supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and the particular Program you join, including those operated through a different number, may be limited to specific carriers.
BACK TO TOPTo request more information or to get help with opting out, text HELP to the five-digit short code for the text messaging program about which you have questions. You may also receive help by contacting Tupelo Honey at [email protected].
BACK TO TOPYou may not use or engage with the Program if you are under 13 years of age. If you use or engage with the Program and are between the ages of 13 and 18 years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are eligible under these terms. By using or engaging with the Program, you also acknowledge and agree that you are a resident of the United States and are permitted by your jurisdiction’s applicable law to use or engage with the Program. Tupelo Honey reserves the right to require you to prove that you comply with the above age restrictions.
BACK TO TOPTupelo Honey may revise, modify, or amend these Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Tupelo Honey’s website: https://tupelohoneycafe.com/privacy-policy/
You agree to review these Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Tupelo Honey text messages will indicate your acceptance of those changes. Tupelo Honey also reserves the right to change the short code or phone number where messages are sent.
BACK TO TOPWe may suspend or terminate your receipt of Tupelo Honey text messages for any reason at any time, including if you breach these Terms and Conditions. Your receipt of Tupelo Honey text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Tupelo Honey reserves the right to modify or discontinue, temporarily or permanently, all or any part of Tupelo Honey text messages, with or without notice.
BACK TO TOPYour privacy is important to us. Please see https://tupelohoneycafe.com/privacy-policy/ to review our privacy policy.
BACK TO TOPAll matters relating to the Program, these terms, any separate agreements between you and Tupelo Honey, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule and must be brought exclusively in a court having jurisdiction for Asheville, North Carolina. You consent to the exercise of exclusive jurisdiction of, and exclusive venue in, such courts. Any claim brought by you in connection with the Program may not and will not be made the subject of a class action. To the fullest extent allowable by applicable law, you and Tupelo Honey waive the right to a jury trial.
BACK TO TOPTo the fullest extent permissible pursuant to applicable law, Tupelo Honey (including Tupelo Honey Hospitality Corporation, and its affiliates and licensees) and the respective officers, directors, employees, agents, successors, or assigns of Tupelo Honey are not responsible and will not be liable for any damages of any nature, including without limitation any direct, indirect, incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
BACK TO TOPIf any term of these 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.
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