SMS Terms & Conditions

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g., cart reminders) from Fresh Pulp Holdings, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase or order request. Message & Data rates may apply.

Message frequency will vary. Fresh Pulp Holdings reserves the right to alter the frequency of messages sent at any time, increasing or decreasing the total number of messages. Fresh Pulp Holdings also reserves the right to change the short code or phone number from which messages are sent and will notify you when such changes occur.

Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Fresh Pulp Holdings, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By opting in, you also agree to Fresh Pulp Holdings’s Terms & Policies and Privacy Policy.

We are able to deliver messages to the following mobile phone carriers:

Major Carriers

AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.

Minor Carriers

Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, 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).

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT, you will receive one additional message confirming your request has been processed. You acknowledge that our text message platform may not recognize unsubscribe requests that do not include these specific keywords and agree that Fresh Pulp Holdings and its service providers will not be liable for failing to honor such requests. If you unsubscribe from one text message program, you may still receive messages from other Fresh Pulp Holdings programs until you separately unsubscribe from those.

Text the keyword HELP to our shortcode for customer care contact information.

If you experience any issues, please email info@tracycateringcompany.com.

This message program is a service of Fresh Pulp Holdings, located at 3108 Chardonnay Dr, Pleasanton CA 94566.

General

To resolve disputes between you and Fresh Pulp Holdings in the most expedient and cost-effective manner, both parties agree that any dispute arising from or related to these messaging terms and conditions (“Messaging Terms”) or your receipt of text messages from Fresh Pulp Holdings or its service providers will be resolved through binding arbitration. Arbitration is less formal than a court lawsuit, using a neutral arbitrator instead of a judge or jury, with potentially more limited discovery. Arbitrators may award the same damages and relief as courts. By agreeing to these Messaging Terms, you and Fresh Pulp Holdings waive the right to a jury trial or class action. The Federal Arbitration Act governs this agreement.

Exceptions

This arbitration agreement does not prevent either party from:

• Filing individual claims in small claims court.
• Pursuing enforcement actions through applicable agencies.
• Seeking injunctive relief from a court of competent jurisdiction.
• Filing claims in court for intellectual property infringement.

Arbitration Process

Arbitration between you and Fresh Pulp Holdings will follow the Consumer Arbitration Rules (AAA) (“AAA Rules”), as modified by these Messaging Terms. Details are available at www.adr.org or by calling 1-800-778-7879. The arbitrator will have exclusive authority to resolve disputes regarding these terms.

Notice & Process

To initiate arbitration, the party seeking arbitration must send a written Notice of Dispute to the other party. Notices to Fresh Pulp Holdings should be addressed to: 3108 Chardonnay Dr, Pleasanton CA 94566. The Notice must describe the claim and the relief sought. If the dispute cannot be resolved within 30 days of receiving the Notice, either party may commence arbitration.

No Class Actions

Both parties agree only to bring claims in individual capacities, not as part of a class or collective action.

Modifications

Future changes to this arbitration agreement will not affect previous disputes unless you reject the modification by providing written notice within 30 days of the change.

Enforceability

If any part of this arbitration agreement is deemed unenforceable, the remaining terms will remain in effect.