SMS Policy

Brewista Messaging Terms & Conditions

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g., cart reminders) from Brewista, 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. Msg & Data rates may apply.

Message frequency will vary. Brewista reserves the right to alter the frequency of messages sent at any time in order to increase or decrease the total number of sent messages. Brewista also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

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

You also agree to our Brewista Terms of Use and Brewista 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).

Cancellation

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our shortcode you will receive one additional message confirming that your request has been processed.

You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands and agree that Brewista and its service providers will have no liability for failing to honor such requests.

If you unsubscribe from one of our text message programs, you may continue to receive text messages from Brewista through any other programs you have joined until you separately unsubscribe from those programs.

Help

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

Customer Care

If you are experiencing any problems or need assistance, please contact us at:

Email: support@brewistabrand.co

Contact

This message program is a service of Brewista.

Dispute Resolution

General

In the interest of resolving disputes between you and Brewista in the most expedient and cost-effective manner, you and Brewista agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Brewista or its service providers will be resolved by binding arbitration.

Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Brewista or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises.

YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND BREWISTA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Exceptions

Notwithstanding the above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Brewista to:

  1. Bring an individual action in small claims court

  2. Pursue an enforcement action through applicable federal, state, or local agencies

  3. Seek injunctive relief in aid of arbitration from a court of competent jurisdiction

  4. File suit in a court of law to address an intellectual property infringement claim

Arbitrator

Any arbitration between you and Brewista will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA.

The AAA Rules and filing forms are available online at www.adr.org, by calling 1-800-778-7879, or by contacting Brewista.

The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice; Process

If you or Brewista intends to seek arbitration, the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice").

The Notice must:

  1. Describe the nature and basis of the claim or dispute

  2. Set forth the specific relief sought ("Demand")

Both parties will make good faith efforts to resolve the claim directly. If the dispute is not resolved within 30 days after the Notice is received, either party may commence arbitration proceedings.

During arbitration, the amount of any settlement offer made by either party must not be disclosed to the arbitrator until after the arbitrator issues a final decision and award.

Fees

If you commence arbitration in accordance with these Messaging Terms, Brewista will reimburse your payment of the filing fee unless your claim exceeds $15,000, in which case payment of fees will be governed by the AAA Rules.

If the claim is for $15,000 or less, you may choose whether arbitration will be conducted:

  1. Solely on the basis of documents submitted to the arbitrator

  2. Through a non-appearance telephone hearing

  3. By an in-person hearing as established by AAA Rules

If the arbitrator determines that the claim is frivolous or brought for an improper purpose under Federal Rule of Civil Procedure 11(b), payment of fees will be governed by the AAA Rules and you agree to reimburse Brewista for fees previously paid on your behalf.

The arbitrator must issue a written decision explaining the findings and conclusions on which the decision is based.

Information exchanged during arbitration and the written decision will remain confidential except as necessary to enforce or review the arbitration award.

No Class Actions

YOU AND BREWISTA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

Unless both parties agree otherwise in writing, the arbitrator may not consolidate multiple claims or preside over any form of class or representative proceeding.

Modifications to Arbitration Provision

If Brewista makes any future change to this arbitration provision (other than a change to the address for Notice), you may reject the change by sending written notice within 30 days of the change. In that case, the arbitration provision in effect immediately prior to the rejected changes will continue to apply.

Enforceability

If an arbitrator determines that applicable law prevents enforcement of any limitation related to class or representative proceedings, that specific claim will be severed and brought in court. All other provisions of these Messaging Terms will remain in full force and effect.