Text Message Program Terms and Conditions

Last Modified: September 1, 2020

Program Terms and Conditions

By entering your phone number at checkout and initializing a purchase, subscribing via our subscription form(s), a QR Code or a keyword, or otherwise signing up for or agreeing to subscribe to the Joshua Tree Coffee Company, LP, a Delaware limited partnership (“Company,” “we,” “our,” or “us”), text message program (the “Text Message Program”), you (i) agree to these Text Message Program Terms and Conditions (the “Text Message Program Terms”), (ii) agree to our Terms of Use, found at https://jtcoffeeco.com/pages/terms-of-use (which include mandatory arbitration of disputes and class action waiver, limitations on your rights and remedies and of our liability), (iii) consent to the practices and standards set forth in our Privacy Policy, found at https://jtcoffeeco.com/pages/privacy-policy, and (iv) agree that we may send you text message notifications (including, without limitation, text messages related to your order(s) and abandoned cart reminders), text message marketing and promotional offers, and text messages by means of prerecorded or automated dialing technology, provided that the foregoing shall not be interpreted to suggest or imply that any or all of our text messages are sent using a prerecorded or automatic telephone dialing system. Message and data rates may apply.

These Text Message Program Terms are subject to amendment, modification, or other changes we may make without prior written notice at any time, in our sole discretion. The latest version of these Text Message Program Terms will be posted on the Service, as such term is defined in the Terms of Use, and you should review them periodically. Your continued subscription to the Text Message Program after a posted change in these Text Message Program Terms will constitute your acceptance of and agreement to such changes.

For the avoidance of doubt, these Text Message Program Terms are an integral part of the Terms of Use that apply generally to your access to and use of the Service. You should also carefully review our Privacy Policy, which describes our privacy standards and is incorporated equally into the Terms of Use. Prior to placing an order for goods, products or services through the Service, please thoroughly review the Terms of Sale, found at https://jtcoffeeco.com/pages/terms-of-sale. To the extent there is any conflict between the provisions in these Text Message Program Terms and the provisions contained in the Terms of Use or the Privacy Policy, the applicable terms and provisions contained in these Text Message Program Terms will control. Otherwise, such provisions will be considered cumulative. Unless otherwise indicated, capitalized terms used in these Text Message Program Terms and not otherwise defined herein will have the meanings assigned to them in the Terms of Use.

You acknowledge and agree that our Text Message Program is a part of the Service, as such term is defined under our Terms of Use. However, your consent to these Text Message Program Terms is not a condition for any purchase of our goods, products and services and neither subscribing to the Text Message Program nor continued participation in it require that you purchase goods, products or services. Without limiting the scope of the Text Message Program, users that opt into the Text Message Program can expect to receive messages concerning the business, marketing and sale of coffee and other Company products, services, promotions and notifications. If you consent to these Text Message Program Terms, you agree to receive up to 10 text message marketing and promotional offers per month (the “Marketing Message Cap”), and you acknowledge and agree that the Marketing Message Cap applies only to our Text Message Program marketing and promotional offers, not to non-marketing, non-promotional text messages, including without limitation, order notifications, abandoned cart reminders, and support correspondence.

You further acknowledge and agree that you have a wireless device of your own, capable of two-way messaging through a participating wireless carrier, and that you are an active wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service for your participation, and you are responsible for determining whether yours is a participating provider. Check your phone capabilities or speak to your provider for specific text messaging instructions and availability.

If you wish to unsubscribe from the Text Message Program reply with STOP to any text message sent from us or use the unsubscribe link we provided you with in any of such text messages. You acknowledge and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. However, you may unsubscribe by contacting us at support@jtcoffeeco.com or by calling (760) 974-4060, and we will manually assist in terminating your subscription to the Text Message Program. Until you unsubscribe, your participation in the Text Message Program will automatically renew on a monthly basis. Message and data rates may apply to any of the foregoing. Nonetheless, even once you have unsubscribed, you hereby consent to the receipt of a text message confirming that you have unsubscribed, as well as other non-marketing, non-promotional text messages, such as short codes to join and other administrative text messages). Furthermore, you acknowledge and agree that unsubscribing to the Text Message Program will not terminate your consent to receive other kinds of text message notifications, such as order status alerts and abandoned cart reminders. It is your responsibility to unsubscribe from or opt out of each component of our Text Message Program, and doing so, in whole or in part, will not unsubscribe you from receiving emails from us. However, you may click the unsubscribe link included in our marketing and promotional emails to unsubscribe from such marketing and promotional emails.

In the event your phone number changes or if you no longer own or control the physical device provided and assigned by your carrier to the phone number you provided to us, you agree to complete an appropriate opt out process described herein or to notify us by contacting us at support@jtcoffeeco.com or by calling (760) 974-4060 and speaking to an agent. Any such opt out or notification must be completed prior to ending your use (or other change in ownership or control) of the applicable phone number, and any notification via email or voice call to the foregoing number must include your full name, new phone number, old phone number, and email address. You further agree that, if you discontinue the use of your phone number without notifying us of such change, you will be responsible for all costs (including reasonable 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 phone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in our Service.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE PHONE NUMBER YOU PROVIDED.

For any questions or concerns please text HELP to the number you received the messages from. You can also contact us for more information by emailing support@jtcoffeeco.com or by calling us at (760) 974-4060 and speaking to an agent. If you wish to opt out of the Text Message Program please follow the procedures above.

Our Text Message Program may not be available in all areas. You understand that message and data rates may apply and your carrier may charge you or deduct usage credit from your account when you text us or we text you and you consent to that. The Text Message Program may not be supported by all carriers and all devices. We are not liable for delayed or undelivered messages. Delivery of our text messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Check with your carrier for details.