FreshVue SMS Terms & Conditions

FreshVue SMS Terms and Conditions

FreshVue may send periodic text messages, including marketing and informational communications, to individuals who have opted in to receive such messages. These SMS Terms and Conditions (“Terms”) govern your participation in FreshVue’s messaging program. By providing your mobile number and consenting to receive text messages, you agree to these Terms.

IMPORTANT NOTICE

PLEASE READ THESE TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. CERTAIN DISPUTES WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION.

Consent to Receive Messages

By voluntarily providing your mobile number to FreshVue, you consent to receive recurring autodialed text messages at that number, which may include:

• Marketing and promotional content

• Service-related or informational messages (where applicable)

Consent is not a condition of any purchase or an extra cost.

Message frequency may vary. FreshVue reserves the right to change the frequency of messages at any time.

Costs and Carrier Information

FreshVue does not charge for text messages; however, message and data rates may apply depending on your wireless carrier plan. Availability of SMS messaging may vary by carrier, and FreshVue does not guarantee message delivery.

Wireless carriers and FreshVue are not liable for delayed, failed, or undelivered messages.

Use of Your Information

FreshVue collects, uses, and protects your personal information in accordance with its Privacy Policy. By participating in the SMS program, you acknowledge that:

• Your mobile number and related data will be used to deliver messaging services

• FreshVue may store and process this information as described in its Privacy Policy

• You are responsible for ensuring your contact information is accurate and current

Failure to update your number may result in messages being sent to unintended recipients, for which FreshVue is not responsible.

Opt-Out and Support

You may opt out of receiving marketing messages at any time:

• Reply STOP to any FreshVue message

After opting out:

• You will receive a one-time confirmation message

• No further marketing messages will be sent unless you re-subscribe

You may still receive legally permitted transactional or service-related messages.

For assistance:

• Reply HELP to any SMS message

• Email: support@afreshvue.com

• Phone: 509.484.7681

User Responsibilities

By participating, you represent that:

• You are the authorized subscriber or customary user of the mobile number provided

• You have the authority to consent to receive messages at that number

You agree to notify FreshVue promptly if your number changes or is reassigned.

We recommend securing your device with password protection and encryption where available.

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Service Limitations and Liability

FreshVue provides SMS services on an “as-is” basis and makes no guarantees regarding:

• Message delivery or timeliness

• Accuracy or completeness of content

To the fullest extent permitted by law, FreshVue is not liable for any damages arising from:

• Delayed or undelivered messages

• Errors or omissions in message content

• Reliance on SMS communications

This includes direct, indirect, incidental, consequential, and punitive damages.

Program Changes and Termination

FreshVue may:

• Modify, suspend, or terminate its SMS program at any time

• Update these Terms at its discretion

Changes are effective upon posting. Continued participation indicates acceptance of the updated Terms.

Your participation may be suspended or terminated if FreshVue believes you have violated these Terms.

Agreement to Arbitrate and Class Action Waiver

Except for disputes eligible for small claims court, any dispute arising out of or relating to these Terms or your relationship with FreshVue will be resolved exclusively through binding individual arbitration under the Federal Arbitration Act.

• Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Rules

• Proceedings may occur by phone, online, or written submission

• A single neutral arbitrator will preside

• Each party is responsible for its own legal fees

No Class Actions:
You agree that disputes will be resolved only on an individual basis and not as part of any class, consolidated, or representative action.

The arbitrator will have exclusive authority to determine the scope and enforceability of this provision.

If arbitration is deemed unenforceable, both parties agree to waive the right to a jury trial to the fullest extent permitted by law.

Governing Law

These Terms are governed by the laws of the State of Washington, without regard to conflict of law principles.

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