SMS Terms of Service

SMS Terms of Service

Camano Island Coffee Roasters (hereinafter, “We,” “Us,” “Our”) is offering a mobile

messaging program (the “Program”), which you agree to use and participate in

subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the

“Agreement”). By opting in to or participating in any of our Programs, you accept

and agree to these terms and conditions, including, without limitation, your

agreement to resolve any disputes with us through binding, individual-only

arbitration, as detailed in the “Dispute Resolution” section below. This

Agreement is limited to the Program and is not intended to modify other Terms

and Conditions or Privacy Policy that may govern the relationship between you

and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages

by affirmatively opting into the Program, such as through online or

application-based enrollment forms. Regardless of the opt-in method you utilized

to join the Program, you agree that this Agreement applies to your participation in

the Program. By participating in the Program, you agree to receive autodialed or

prerecorded marketing mobile messages at the phone number associated with

your opt-in, and you understand that consent is not required to make any

purchase from Us. While you consent to receive messages sent using an

autodialer, the foregoing shall not be interpreted to suggest or imply that any or

all of Our mobile messages are sent using an automatic telephone dialing system

(“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no

longer agree to this Agreement, you agree to reply STOP, END, CANCEL,

UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of

the Program. You may receive an additional mobile message confirming your

decision to opt out. You understand and agree that the foregoing options are the

only reasonable methods of opting out. You also understand and agree that any

other method of opting out, including, but not limited to, texting words other than

those set forth above or verbally requesting one of our employees to remove you

from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: 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 that you will complete the User Opt Out process set

forth above prior to ending your use of the mobile telephone number. You

understand and agree that your agreement to do so is a material part of these

terms and conditions. You further agree that, i f you discontinue the use of

your mobile telephone number without notifying Us of such change, you

agree that you will be responsible for all costs (including 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. This duty and agreement shall

survive any cancellation or termination of your agreement to participate in any of

our Programs.









Program Description: Without limiting the scope of the Program, users that opt

into the Program can expect to receive messages concerning the marketing and

sale of organic coffee through online or retail means. This incudes but is not limited to online sales and subscriptions.

Cost and Frequency: Message and data rates may apply. The Program

involves recurring mobile messages, and additional mobile messages may be

sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to

the number you received messages from or email us at Please note that the use of this

email address is not an acceptable method of opting out of the program. Opt

outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if

your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The 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. We will not be liable for any delays or failures in the receipt of any mobile

messages connected with this Program. Delivery of mobile messages is subject

to effective transmission from your wireless service provider/network operator

and is outside of Our control. T-Mobile is not liable for delayed or undelivered

mobile messages.

Participant Requirements: 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.

Age Restriction: You may not use of engage with the Platform if you are under

thirteen (13) years of age. If you use or engage with the Platform and are

between the ages of thirteen (13) and eighteen (18) years of age, you must have

your parent’s or legal guardian’s permission to do so. By using or engaging with

the Platform, you acknowledge and agree that you are not under the age of

thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and

have your parent’s or legal guardian’s permission to use or engage with the

Platform, or are of adult age in your jurisdiction. By using or engaging with the

Platform, you also acknowledge and agree that you are permitted by your

jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited

content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing,

or stalking activity;

  • Objectionable content, including profanity, obscenity, lasciviousness,

violence, bigotry, hatred, and discrimination on the basis of race, sex, religion,

nationality, disability, sexual orientation, or age;

  • Pirated computer programs, viruses, worms, Trojan horses, or other

harmful code;

  • Any product, service, or promotion that is unlawful where such product,

service, or promotion thereof is received;

  • Any content that implicates and/or references personal health information

that is protected by the Health Insurance Portability and Accountability Act

(“HIPAA”) or the Health Information Technology for Economic and Clinical Health

Act (“HITEC” Act); and

  • Any other content that is prohibited by Applicable Law in the jurisdiction

from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy

between you and Us, or between you and 317 LABS, INC. or any other

third-party service provider acting on Our behalf to transmit the mobile messages

within the scope of the Program, arising out of or relating to federal or state

statutory claims, common law claims, this Agreement, or the breach, termination,

enforcement, interpretation or validity thereof, including the determination of the

scope or applicability of this agreement to arbitrate, such dispute, claim, or

controversy will be, to the fullest extent permitted by law, determined by

arbitration in Camano Island, Washington before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with

the Commercial Arbitration Rules of the American Arbitration Association (“AAA”)

then in effect. Except as otherwise provided herein, the arbitrator shall apply the

substantive laws of the Federal Judicial Circuit in which Camano Island Coffee Roasters’s principle place of business is located, without regard to its conflict of laws rules.

Within ten (10) calendar days after the arbitration demand is served upon a party,

the parties must jointly select an arbitrator with at least five years’ experience in

that capacity and who has knowledge of and experience with the subject matter

of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar

days, a party may petition the AAA to appoint an arbitrator, who must satisfy the

same experience requirement. In the event of a dispute, the arbitrator shall

decide the enforceability and interpretation of this arbitration agreement in

accordance with the Federal Arbitration Act (“FAA”). The parties also agree that

the AAA’s rules governing Emergency Measures of Protection shall apply in lieu

of seeking emergency injunctive relief from a court. The decision of the arbitrator

shall be final and binding, and no party shall have rights of appeal except for

those provided in section 10 of the FAA. Each party shall bear its share of the

fees paid for the arbitrator and the administration of the arbitration; however, the

arbitrator shall have the power to order one party to pay all or any portion of such

fees as part of a well-reasoned decision. The parties agree that the arbitrator

shall have the authority to award attorneys’ fees only to the extent expressly

authorized by statute or contract. The arbitrator shall have no authority to award

punitive damages and each party hereby waives any right to seek or recover

punitive damages with respect to any dispute resolved by arbitration. The parties

agree to arbitrate solely on an individual basis, and this agreement does not

permit class arbitration or any claims brought as a plaintiff or class member in

any class or representative arbitration proceeding. Except as may be required by

law, neither a party nor the arbitrator may disclose the existence, content, or

results of any arbitration without the prior written consent of both parties, unless

to protect or pursue a legal right. If any term or provision of this Section is

invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or

unenforceability shall not affect any other term or provision of this Section or

invalidate or render unenforceable such term or provision in any other

jurisdiction. If for any reason a dispute proceeds in court rather than in

arbitration, the parties hereby waive any right to a jury trial. This arbitration

provision shall survive any cancellation or termination of your agreement to

participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary

rights, power, and authority to agree to these Terms and perform your obligations

hereunder, and nothing contained in this Agreement or in the performance of

such obligations will place you in breach of any other contract or obligation. 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 this

Agreement is found to be unenforceable or invalid, that provision will be limited or

eliminated to the minimum extent necessary so that this Agreement will

otherwise remain in full force and effect and enforceable. Any new features,

changes, updates or improvements of the Program shall be subject to this

Agreement unless explicitly stated otherwise in writing. We reserve the right to

change this Agreement from time to time. Any updates to this Agreement shall be

communicated to you. You acknowledge your responsibility to review this

Agreement 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 this

Agreement, as modified.