Text Messaging Program Terms & Conditions

Text Messaging Programs: Terms & Conditions

Athletic Brewing Company LLC (“Athletic”) offers its customers both recurring text messaging programs and occasional one-time or limited-duration text messaging programs. These Terms and Conditions govern all Athletic text message programs.

ARBITRATION NOTICE:

EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION PROVISION BELOW, YOU AND ATHLETIC AGREE THAT DISPUTES BETWEEN YOU AND ATHLETIC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE AND THAT YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.

You may sign up for an Athletic text message program by texting or other key words Athletic to 25708, filling out a form on our website or otherwise providing your consent. You may need to confirm your consent, such as by replying Yes or Y to an initial text message sent to you. When you agree to participate in Athletic text messaging programs, you typically agree to receive recurring messages with information, alerts, and special offers from Athletic. However, there may be programs where Athletic specifies that it will send a certain number or up to a certain number of text messages (for example, if you participate in a promotion or request a coupon code, you may receive a certain number of text messages only related to that promotion or you may only receive one text with the coupon code). 

Messages may be in SMS or MMS format and may contain marketing content. Text messages may be sent using an automatic telephone dialing system. Consent to receive such messages is not required as a condition to purchase any goods or services from Athletic. Message and data rates may apply.

You may stop receiving text messages from us at any time by replying STOP or texting STOP to 25708. You will receive one final text message confirming that you have opted out. For additional help, email info@athleticbrewing.com.

By signing up for this program, you represent and warrant that you are the account holder or authorized user of the mobile telephone number associated with your enrollment and are at least 21 years of age or have a parent or guardian's permission in order to participate. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services. Pre-paid users may not be able to participate - check with your mobile service provider.

If you change your mobile phone number, you agree to promptly notify Athletic of the change. In the event that you change or deactivate your mobile number it is your responsibility to notify Athletic by email at info@athleticbrewing.com to have your number removed.

Additionally, Athletic reserves the right to alter message frequency at any time, i.e., we may change the frequency of texts that you receive under a program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out.

Your participation in an Athletic text message program is subject to our website Terms of Use [https://athleticbrewing.com/pages/terms-of-use] and Privacy Policy [https://athleticbrewing.com/pages/privacy-policy]. To the extent of any inconsistency, the terms and conditions in these Terms take precedence. California residents may have additional rights under our California Privacy Policy [https://athleticbrewing.com/pages/california-privacy-policy].

ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION
Please read this carefully. It affects your rights.

All matters arising out of or relating to the terms and conditions set forth herein, your participation in any Athletic text messaging programs, and any Dispute (as defined below) shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Connecticut.

You agree to and shall resolve any dispute, controversy, or claim arising out of or relating to the terms and conditions set forth herein, the purchase of any product or service from us, any and all agreements and policies referenced herein, or the breach, termination or invalidity hereof or thereof (each, a “Dispute”) in accordance with the provisions of this section. The procedures set forth herein shall be the sole and exclusive mechanism for resolving any Dispute that may arise from time to time and these provisions are express conditions precedent to binding arbitration of the Dispute.

 

Prior to commencing a demand for arbitration under this section, you agree to first attempt in good faith to resolve any Dispute by negotiation and consultation with the Company by sending written notice to the Company at the address set forth herein detailing the nature of the Dispute (“Dispute Notice”). Upon receipt of your Dispute Notice, the Company will attempt to address and resolve the Dispute to our mutual satisfaction.  In the event that such Dispute is not resolved on an informal basis within thirty (30) business days after delivery of the Dispute Notice to the Company, either party may commence binding arbitration in accordance with the following terms: 

Any Dispute shall be resolved by final and binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect by a tribunal of three (3) arbitrators who shall each be independent, disinterested persons selected by AAA.

The arbitral tribunal shall have the sole power to rule on any challenge to its own jurisdiction and all issues regarding arbitrability shall be decided solely by the arbitral tribunal. The place of arbitration shall be Fairfield County, Connecticut. The language of the arbitration shall be English. The claimant shall commence the arbitration by delivering a notice of arbitration to the respondent setting out the nature of the claim(s) and the relief requested. Within thirty (30) days of the receipt of the notice of arbitration, the respondent shall deliver to the claimant its answer and any counterclaim(s), setting out the nature of such counterclaims(s) and the relief requested.

The tribunal may make its decisions by a majority or by the chair if no majority is possible. The tribunal shall have the power to grant any provisional or final remedy or relief that it deems appropriate, including an award of attorneys’ fees.

The parties agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by the parties and the decisions made by the arbitral tribunal, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law.

 

The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. Nothing in this section shall preclude any party from seeking a preliminary injunction or other provisional relief, either prior to, during or after invoking the procedures in this section, if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo. 

 

The parties agree to arbitrate solely on an individual basis, and that the terms and conditions hereof do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.

YOU UNDERSTAND AND AGREE THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION HEREOF AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE. 

Notwithstanding anything to the contrary herein, in the event that the foregoing arbitration provisions are deemed invalid or unenforceable, then (i) the remaining portions of hereof will remain in force and effect, and (ii) each of the parties hereto irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to the terms and conditions hereof and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the federal courts of the United States or the courts of the State of Connecticut, in each case, located in Fairfield County, Connecticut, and any appellate court from any thereof. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

THE SERVICES PROVIDED BY OUR TEXT MESSAGING PROGRAMS AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED IN ACCORDANCE WITH THE NOTICES, TERMS, AND CONDITIONS SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESE SERVICES AND MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP TO DATE. THESE SERVICES AND MATERIALS MAY BE CHANGED FROM TIME TO TIME.

OUR TEXT MESSAGING PROGRAMS ARE OPERATED BY KLAVIYO ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATHLETIC AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES, DIVISIONS, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, ATTORNEYS, AND AGENTS (COLLECTIVELY, THE "ATHLETIC AFFILIATES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OR AVAILABILITY OF THE SERVICES OR MATERIALS IN OUR TEXT MESSAGING PROGRAMS FOR ANY PURPOSE AND ALL SUCH SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ATHLETIC AFFILIATES AND ALL THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF OUR TEXT MESSAGING PROGRAMS IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE ATHLETIC AFFILIATES OR THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR TEXT MESSAGING PROGRAMS, THE MATERIALS IN OUR TEXT MESSAGING PROGRAMS, THE DELAY OR INABILITY TO USE OUR TEXT MESSAGING PROGRAMS, OR OTHERWISE ARISING IN CONNECTION WITH OUR TEXT MESSAGING PROGRAMS, WHETHER BASED ON CONTRACT, TORT, OR STRICT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT OR TORTIOUS BEHAVIOR.

THE ATHLETIC AFFILIATES MAKE NO REPRESENTATION THAT CONTENT PROVIDED IN OUR TEXT MESSAGING PROGRAMS IS APPLICABLE TO OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the Athletic Affiliates harmless from and against any and all claims, actions, demands, losses, damages, liabilities, deficiencies, judgments, interest, awards, penalties, fines, costs and expenses of whatever kind, including attorneys' fees and the cost of enforcing any right to indemnification hereunder, arising from or related to your use of our text messaging programs or your breach or alleged breach of these terms.

SEVERABILITY

If any part of these terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall govern such use.

CHANGES TO TERMS
These terms and conditions are subject to change at any time.  If we make material changes, we may notify active users via a text message sent to the number you used to sign-up for our text message program(s).