RB American Group LLC and its subsidiaries and affiliates (collectively “Flynn Arby’s,” “we,” or “us,”), is offering a promotional and personalized marketing text program (the “Program”), subject to these SMS Terms and Conditions (the “SMS Terms”). Please also review our Privacy Policy which explains what information is collected and how such information is used.

Opt-In to Program

The Program allows users to receive SMS/MMS mobile alerts, information, offers and rewards by users affirmatively opting into the Program by texting a keyword to 90643. You agree that these SMS Terms apply to your participation in the Program.
By voluntarily opting into the Program, you agree: (a) that you are over the age of 18; and (b) to receive periodic automated promotional and personalized marketing text (e.g., SMS and MMS) messages from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when opting in. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply. Contact your telephone provider for details. You are solely responsible for all charges related to messages, including charges from your telephone provider. Message frequency will vary and we reserve the right to adjust the frequency of messages sent at any time. Some operators may not be able to support the Program and supported carriers may change from time to time.

Opt-Out of Program

If you do not wish to continue participating in the Program at any time, or no longer agree to these SMS Terms, you must text “STOP” to 90643. You may also email us at TextArbys@flynn.com or leave a voicemail at 1-855-575-7220 with your explicit request to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out, as well as instructions on how to rejoin the Program. You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of us in response to any text messages that you initiate to the Program.

Providing Telephone Number(s) and Duty to Notify and Indemnify

You verify that the mobile telephone number(s) you provided to us is/are true and accurate. You verify that you are the current subscriber or owner of any mobile telephone number(s) that you provide. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree to immediately notify us before the change goes into effect by emailing us at TextArbys@flynn.com. You further agree that, before the change goes into effect, you will complete the opt out process set forth above. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you will be responsible for all costs (including reasonable attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number, including without limitation for any privacy, tort, or other claims.
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 federal Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (“TCPA”), 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.

Help

If you are experiencing any problems with the Program, text “HELP” to 90643 or email us at: TextArbys@flynn.com

Dispute Resolution

General
Any dispute, claim or controversy arising out of or relating to these SMS Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in your county of residence, before one arbitrator. The arbitration shall be administered by the American Arbitration Association pursuant to its Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of conflict or choice of law rules. Notwithstanding the provision in the preceding sentence with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE SMS TERMS, YOU AND FLYNN ARBY’S ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

No Class, Collective, or Representative Actions
You and Flynn Arby’s agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Further, unless both you and Flynn Arby’s agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Disclaimer of Warranties

Your use of and decision to join the program is entirely at your own risk. Flynn Arby’s makes no representations, warranties or conditions about the program, including, without limitation, the operation of the program or the information, materials, goods, or services appearing or offered through the program or with respect to any websites or services linked from the program. The program is provided “as is”, “with all faults,” and “as available.” Without limiting the generality of the foregoing, we disclaim all warranties and conditions, express, statutory, or implied, including but not limited to (i) the warranties of fitness for a particular purpose; (ii) the warranties against infringement, misappropriation, or violation of any intellectual property or proprietary rights of any person or entity; and (iii)) the warranties relating to the accuracy, reliability, correctness, or completeness of data or content made available through the program or otherwise by Flynn Arby’s. We make no warranties or conditions, express, statutory, or implied, that the program, including, without limitation, the content, functions, or materials sent to you as part of the program, will be timely, secure, accurate, error-free, complete, up-to-date, free of viruses, or uninterrupted. If applicable law does not allow the exclusion of some or all of the above implied or statutory warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.

Limitation of Liability

To the fullest extent permitted by applicable law, Flynn Arby’s, its affiliates, or any party involved in operating, creating, producing, or delivering the services (the “Flynn Arby’s Parties”) shall not be liable for any indirect, incidental, consequential, special, or punitive damages or lost profits relating to (1) the SMS terms; (2) your access, use, misuse, or inability to use or access the Program; (3) any content or links shared by Flynn Arby’s or linked to the Program; or (4) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line or system failure, or other technologically harmful material that may infect your device, data, or other proprietary material due to your use of the program or to your downloading of any content through it or on any website linked to it, however caused, whether in contract, tort, negligence, strict liability, or otherwise, even if Flynn Arby’s has been advised of the possibility of such damages. Under no circumstances will the total aggregate amount that the Flynn Arby’s Parties are liable to you exceed the lesser of (a) the value of the promotion sent to you via SMS or (b) $10.

Updates to SMS Terms

Flynn Arby’s reserves the right to change these SMS Terms from time to time. Any updates to these SMS Terms will be posted here in connection with the Program and may be communicated to you. You acknowledge your responsibility to review these SMS 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 SMS Terms, as modified.

Mobile Telephone Information

Any mobile telephone number that you provide us and/or consent you provide to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from us will not be shared with or transferred to any third parties for marketing or promotional purposes.

Miscellaneous

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 SMS Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these SMS Terms 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 SMS Terms unless explicitly stated otherwise in writing.