SMS Terms & Conditions
Back of the House, Inc. (“BOH”, “we”, “us”, or “our”) may from time to time make available to its customers, through third-party mobile providers, certain text messaging services (“SMS Services”) on behalf of one or more of the following restaurant brands (collectively, the “BOH Brands”):
Delarosa: https://www.delarosasf.com
Beretta: https://www.berettasf.com
Flores: https://www.floressf.com
Wildseed: https://www.wildseedsf.com
a Mano: https://www.amanosf.com
Corzetti: https://www.corzettisf.com
Lolinda: https://www.lolindasf.com
Starbelly: https://www.starbellysf.com
The Tailor's Son: https://www.thetailorssonsf.com
Cubita: https://www.cubitasf.com/
Super Duper Burgers: https://www.superduperburgers.com
The Bird: https://www.thebirdsf.com
After Work Bar: https://www.afterworkbars.com
Uno Dos Tacos: https://www.unodostacos.com
Rad Radish: https://www.eatradradish.com
Such SMS Services may include, without limitation: (a) special marketing offers available by text, (b) text-to-enter sweepstakes or contests, and (c) text message services for customer questions or requests. Only legal residents of the 50 United States (including the District of Columbia) may use the SMS Services.
These SMS Terms & Conditions (“Terms”) govern your use of the SMS Services. By opting in or using the SMS Services, you agree to be bound by the Terms, which form a binding agreement between you and BOH. You represent and warrant that you (a) are at least 18 and have the legal capacity to enter contracts; and (b) you are the owner of the phone number that is provided in connection with enrollment in the SMS Services.
OPTING IN
You can opt-in in to the SMS Services in a variety of ways:
- By filling out a form or opting in on the BOH or a BOH Brand website;
- By using a QR code or texting certain words or numbers as indicated on marketing or advertising material on the website of a BOH Brand or in a BOH Brand location; or
- By responding YES to a text message requesting that you opt-in to the SMS Services.
By opting in to the SMS Services, you consent to receive recurring, marketing messages and offers using an autodialer or other automated technology from BOH and the BOH Brands at the number you provide at the time of your enrollment in the SMS Services. Your opt-in consent is not required for the purchase of any goods or services from BOH or the BOH Brands. Message frequency may vary and message and data rates may apply If you change your mind and no longer want to receive offers or marketing text messages from BOH or the BOH Brands, you can “opt-out” by either:
(1) sending a text message with the words “STOP” to the applicable short code for the SMS Services, as applicable (or any other short code that may be used in the future); or
(2) replying “STOP” to any text message you may receive in connection with the SMS Services.
When you opt-out from any SMS Services, you may be opted out from all SMS Services offered via the applicable short code or you may be presented with options to specifically identify your choices for opting-out. Please allow a reasonable time period to process your request.
If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
If at any time you forget what keywords are supported, just text "HELP" to the applicable short code for the SMS Services. After you send the message "HELP" to us, we will respond with instructions on how to use our SMS Services as well as how to unsubscribe. If you have any other questions about the SMS Services, you can send the message “HELP” for more information.
PARTICIPATING CARRIERS
The SMS Services are available through the following carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
The carriers are not liable for delayed or undelivered messages.
ACCESS TO SMS SERVICES
You are solely responsible for acquiring any hardware, software, wireless and Internet access, or other items required for you to use the SMS Services, and any associated fees, charges and expenses. For example, you may be required to obtain at your own cost a compatible mobile device, a wireless plan from a supported carrier with text message support and a valid email address. Message and data rates may apply. See your wireless provider for pricing plan details.
ENROLLMENT
In order to receive SMS Services, you may be required to provide true, accurate and complete information about yourself as prompted by an enrollment form or the messages you receive via text during the opt-in to the SMS Services process. You acknowledge and agree that BOH will have no liability associated with or arising from your failure to provide accurate enrollment information, including, without limitation, your failure to receive offers and important information and updates about the SMS Services. If BOH has reasonable grounds to suspect that the information you provided on an enrollment form or during the opt-in to the SMS Services process is untrue, inaccurate or incomplete, BOH may suspend or terminate your use of the SMS Services.
MODIFICATION OF THE TERMS; TERMINATION
If you do not agree with any of these Terms, you must not use the SMS Services. BOH reserves the right, in its sole discretion, to modify, update, supplement, terminate these Terms at any time with or without further notice to you. You can always find the most recent version of these Terms at https://www.superduperburgers.com/ (the “BOH Site”) BOH may change these Terms by posting a new version at the BOH Site, without specific notice to you, so please continue to review these Terms from time to time. To the fullest extent permitted under applicable law, your continued use of the SMS Services after any such modification constitutes your acceptance of these Terms as modified. If you register for or use additional features, channels of communication or platforms available as a part of the SMS Services or avail yourself of offers available through the SMS Services, additional terms and conditions, rules, policies and disclaimers may apply. BOH may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the SMS Services, temporarily or permanently, including the availability of any features of the SMS Services, at any time without liability and with or without notice to you. You agree that BOH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SMS Services.
PRIVACY
The SMS Services are provided by BOH for itself on the BOH Brands. When you enroll you are providing certain personal information to BOH and the BOH Brands for the purpose of completing the enrollment. We will collect, process, store and share your personal information in connection with the SMS Services in accordance with the BOH and each BOH Brands’ privacy policy as noted at the websites above (collectively, “Privacy Policy”).
By opting in to the SMS Services, you acknowledge that you have carefully read the Privacy Policy and that your personal information will be collected, processed, stored and shared in accordance with such Privacy Policy.
PROPRIETARY RIGHTS
All ownership rights and title in and to the SMS Services, including all content included in text messages (“Content”) therein, are owned by BOH or the BOH Brands and are protected under applicable copyrights, trademarks and other intellectual property rights. Unless and except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way the SMS Services, or any portion therein, including, without limitation, any Content, without the prior written permission of BOH. All rights not expressly granted to you through these Terms are retained by BOH and its licensors. Nothing in these Terms grants to you any right to use any of BOH or any BOH Brand or any other third party's trademarks, service marks, logos, domain names or other indicia of origin.
USER CONDUCT
You agree that you will comply with all applicable local, state, national and international laws, regulations and other legal requirements that relate to your use of the SMS Services. In addition, by using the SMS Services, you agree, without limitation:
(1) not to use the SMS Services in breach of these Terms;
(2) not to disrupt or interfere with the security of, or otherwise abuse, the SMS Services, or any part of the SMS Services;
(3) not to attempt to obtain unauthorized access to the SMS Services or portions of the SMS Services that are restricted from general access;
(4) not to use the SMS Services in any manner that could be deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or in violation of any third party rights; and
(5) to comply with any other requirements, restrictions or limitations imposed by BOH from time to time.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE SMS SERVICES, IN WHOLE AND IN PART, INCLUDING, WITHOUT LIMITATION, THE MOBILE PLATFORM UTILIZED BY THE SMS SERVICES, ARE PROVIDED ON AN "AS IS" AND " AS AVAILABLE" BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE SMS SERVICES AND THE RESULTS AND PERFORMANCE THEREOF. IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BOH, THE BOH BRANDS AND EACH OF THEIR SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS, VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, THE "BOH PARTIES") BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH THE SMS SERVICES AND/OR THESE TERMS, EVEN IF A BOH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BOH PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) YOUR USE OF OR INABILITY TO USE THE SMS SERVICES; (B) ANY MESSAGES OR THE CONTENT OF ANY MESSAGES PROVIDED TO YOU; (C) ANY GOODS, SERVICES OR INFORMATION PURCHASED, RECEIVED, SOLD OR PAID FOR IN CONNECTION WITH THE SMS SERVICES; (D) DISPUTES BETWEEN YOU AND ANY MERCHANT; (E) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN ANY INFORMATION PROVIDED THROUGH THE SMS SERVICES; (F) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH THE SMS SERVICES; (G) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (H) ANY OTHER USE BY YOU OF THE SMS SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY OF THE BOH PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIRD PARTY WEBSITES, CONTENT AND RESOURCES
The SMS Services may permit you to link to or access direct connections to third party websites, content and resources. You acknowledge that BOH has no control over any such third party websites, content or resources, which are made available by companies or persons other than BOH. You acknowledge and agree that BOH is not responsible for the availability of any such third party websites, content or resources including how those third-parties may collect and process your personal information for which such third-parties privacy policy shall apply. You further acknowledge that BOH is not liable to you for any loss or damage which may be incurred by you as a result of these third party websites, content or resources, including, without limitation, losses or damages suffered in connection with any purchases made using the SMS Services.
GENERAL TERMS
Notices. You agree that BOH may provide you with notices and other disclosures in connection with the SMS Services by mail, email, posting on the Site, other forms of electronic communication or other reasonable means of communication. All electronic communications from us to you shall be deemed to be communications "in writing" and deemed delivered to you no later than the earlier of the date actually received or 5 days from the date of posting or dissemination. For communications that we are otherwise required under applicable law to provide in a written paper format to you, you agree that we may provide such communications or records by means of electronic communications.
Waiver. Our failure to exercise or enforce any provision or right contained in these Terms shall not be deemed a waiver of such provision or right.
Entire Agreement. With respect to your use of the SMS Services, these Terms (including the Privacy Policy incorporated into these Terms by reference) and any additional terms, conditions and restrictions communicated to you about such SMS Services constitute the entire agreement between BOH and you.
Indemnification. To the greatest extent permitted by applicable law, you agree to indemnify, defend and hold harmless BOH and the BOH Brands, and each of their officers, directors, employees and agents from any loss, liability, claim, or demand, including, without limitation, costs and reasonable attorneys' fees, due to, in connection with or arising out of your use of the SMS Services or arising from your breach of these Terms, including any representation or warranty set forth herein, your violation of applicable laws, or your violation of any rights of another person or entity.
Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Disputes. To the fullest extent permitted by law, you agree that: (a) any and all disputes, claims and causes of action arising out of or in connection with these Terms or the SMS Services will be governed by and construed under the laws of the State of California, excluding only its conflict of law provisions; (b) any and all disputes, claims and causes of action arising out of or in connection with these Terms or the SMS Services shall be resolved individually, without resort to any form of class action, exclusively within the federal and state courts of San Francisco County, California, and you waive any jurisdictional venue or inconvenient forum objections to such courts, as well as any and all right to trial by jury in any legal proceeding arising out of the SMS Services; (c) any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your use of the SMS Services, but in no event will attorneys' fees be due or payable; and (d) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
Assignment. You may not assign these Terms, by operation of law or otherwise, without BOH’s prior written consent. BOH and the BOH Brands reserve the right to freely assign these Terms, and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against the parties’ respective successors and permitted assigns.
Contact Information. For questions related to the SMS Services or any specific offers and promotions, please email BOH at marketing@backofthehouseinc.com.