By Opting In to text messages, you authorize Fresh to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your Opt-In. You authorize Fresh to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase.

IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION OF OUR TERMS OF USE (SECTION 16 OF THOSE TERMS) REFERRED TO BELOW.

More about Opting In

By Opting In to text messages:

• You are signing your Opt-In to the text messages.
   
• You accept the Fresh Terms of Use, which apply to our text messaging activities and your use of them. These SMS Terms form part of and are subject to the Fresh Terms of Use. Our text message-related activities are part of the “Product” as defined in the Fresh Terms of Service. THE TERMS OF SERVICE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
   
• You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
   
• You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact us as described at the end of our Privacy Notice. To view and retain an electronic copy of these SMS Terms or the rest of your Opt-In, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These SMS Terms still will apply if you withdraw the consent mentioned above or opt out of the text messages.

About the Text Messages and Opting Out

Message and data rates may apply. You may receive multiple, recurring messages. Fresh may terminate its text message programs or your participation in them at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these SMS Terms still will apply. For text message services operated through 18338272350, you can get help by texting FRESH to 18338272350, and you can opt out by texting UNSUB to 18338272350. You may receive one or more confirmation messages when you opt out or when your participation in the program otherwise ends. ​

For customer service regarding our SMS programs, email us at legal@Fresh.com.

Mobile Carriers

MAs of the date of the effective date of these SMS Terms, the short code we use for text messages in the U.S. is supported on many carriers, including (but not limited to) AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile, as well as on 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). Please note, however, that the supporting mobile carriers may change without notice. The service is not compatible with all cell phone models.

Fresh and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages.

Definitions

• “Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive any text messages.
   
• “Fresh” means Fresh, Inc.
   
• “SMS Terms” means these Fresh SMS Terms.