SMS Terms and Conditions

FOX RESTAURANT CONCEPTS’ SMS TEXT MESSAGE TERMS AND CONDITIONS

These Terms & Conditions apply to SMS text messages sent by Fox Restaurant Concepts LLC and its affiliated brands as part of the eBites+ promotional and marketing program (the “eBites+ Text Service”).

By signing up to the eBites+ program and opting into SMS communication, you accept these Terms & Conditions and agree to resolve disputes with Fox Restaurant Concepts through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the “Disputes” section below.

Opting In

By signing up to participate in the eBites+ promotional and marketing program on the restaurant brand website and checking the box that indicates you desire to receive messages by SMS communication to your mobile number (including any mobile number your provide in the future), you consent to be contacted by Fox Restaurant Concepts and its affiliated brands through the use of a SMS text messages sent from an automatic telephone dialing system (or any other means) with marketing information, including, for example, new menu item information, discounts and promotional events.

By opting into the eBites+ Text Service, you confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.

You understand that your cellular provider’s message and data rates may apply to text messages sent from Fox Restaurant Concepts and that Fox Restaurant Concepts has no liability for the cost of any such text messages.

The maximum number of messages you receive from any Fox Restaurant Concepts brand that you have opted into will be six marketing messages per month.

Opting Out

You can cancel your eBites+ Text Service at any time. You can cancel your eBites+ Text Services for all brands or just particular brands. Please just text the following message(s) to 30548:

To Cancel your eBites+ Text Service for…..
All FRC brands	FRCSTOP to 30548
Blanco restaurants	BLASTOP to 30548
Culinary Dropout restaurants	CDOSTOP to 30548
The Henry restaurants	HENSTOP to 30548
Doughbird restaurants	DBSTOP to 30548
Zinburger restaurants	ZINSTOP to 30548
Fly Bye restaurants	FLYSTOP to 30548
Olive & Ivy restaurant	ONISTOP to 30548
The Arrogant Butcher restaurant	TABSTOP to 30548
The Greene House restaurant	TGHSTOP to 30548
Wildflower restaurant	WFSTOP to 30548
Pushing Daisies restaurant	PDSTOP to 30548

If you need help at any time with your eBites+ Text Service, please text us at:
All FRC brands	FRCHELP to 30548
Blanco restaurants	BLAHELP to 30548
Culinary Dropout restaurants	CDOHELP to 30548
The Henry restaurants	HENHELP to 30548
Doughbird restaurants	DBHELP to 30548
Zinburger restaurants	ZINHELP to 30548
Fly Bye restaurants	FLYHELP to 30548
Olive & Ivy restaurant	ONIHELP to 30548
The Arrogant Butcher restaurant	TABHELP to 30548
The Greene House restaurant	TGHHELP to 30548
Wildflower restaurant	WFHELP to 30548
Pushing Daisies restaurant	PDHELP to 30548

Some of the texts messages from us may include links to websites. To access those websites, you will need a web browser and internet access.

Your mobile number will not be shared outside of the eBites+ Text Service and Fox Restaurant Concept LLC.
Unless otherwise noted, Fox Restaurant Concepts may alter or terminate this program or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received.
Toll Free Phone number: 866-458-2951. Email Address: [email protected]

Change in Phone Number

By opting into the eBites+ Text Services, you warrant that you are the current subscriber or authorized user of the phone number you have provided. You agree that you will not initiate messages to the mobile phone of another person or entity without authorization. If you change, forfeit, or deactivate the phone number that you have provided to Fox Restaurant Concepts, you agree to notify Fox Restaurant Concepts immediately. Failure to do so constitutes a material breach of these Terms and Conditions. Mobile carriers (including T-Mobile®) are not liable for delayed or undelivered messages.

Disputes

Please read this “Disputes” section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes related to the eBites+ Text Service and the eBites+ program generally through arbitration rather than court and class actions. Arbitration is final and binding. This arbitration clause shall survive termination of these Terms and Conditions.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms and Conditions, your participation in the eBites+ Text Service, or the eBites+ program generally. Any dispute or claim arising out of or relating to these Terms and Conditions, your participation in the eBites+ Text Service, or the eBites+ program generally (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our legal department at Fox Restaurant Concepts to allow us an opportunity to resolve the dispute. The address is Fox Restaurant Concepts LLC, c/o Legal Department, 4455 East Camelback Road, Suite B100, Phoenix, Az 85018. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms and Conditions. The AAA Rules and information about arbitration and fees are available online at www.adr.org. This arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not governed by state law. Any arbitration will be held in Arizona or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

Governing Law

Any dispute arising from these Terms and Conditions or your access to or participation in the eBites+ Text Service will be governed by and construed and enforced in accordance with the laws of Arizona, without regard to conflict of law rules or principles. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Maricopa County, Arizona.

Privacy Policy

You consent to the handling of your information as described in the Fox Restaurant Concepts Privacy Statement available at www.foxrc.com/privacy-policy. If you have any questions or concerns regarding this Privacy Policy, please contact us at [email protected] or Fox Restaurant Concepts, 480.905.6920 or 866-458-2951.