Mobile Terms & Conditions

New Braunfels Smokehouse offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by text message on 1-936-666-8169 as well as order, shipping, and delivery notifications by text message on 1-936-666-8169 (The “Service”). By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

New Braunfels Smokehouse is headquartered at 441 N Guenther Ave, New Braunfels, TX 78130 and may send text messages from this address.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS, AS DETAILED IN THE ARBITRATION & CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. Only United States mobile numbers are eligible to participate. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. New Braunfels Smokehouse reserves the right to stop offering the Service at any time with or without notice. New Braunfels Smokehouse also reserves the right to change the short code, phone number, or RCS agent from which messages are sent, and we will notify you when we do so.

By opting into the Service, you:

A. Authorize New Braunfels Smokehouse to send recurring text messages, which may be automated or AI-generated, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in) at any time and frequency.

B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.

C. 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.

D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please email [email protected] or call 1-800-537-6932. To view and retain an electronic copy of these 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.

Content You May Receive

Once you affirm your choice to opt-in to the Service on 1-936-666-8169, the timing and frequency of messages may vary based on your interactions and initiated texts. You may receive alerts about:

A. Sale promotions

B. Event information

C. Product launch announcements

D. Cart reminders

E. Back in stock alerts

F. Price drop alerts

G. Low inventory alerts

Once you affirm your choice to opt-in to the Service on 1-936-666-8169, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:

A. An order has been placed

B. An order has been shipped

C. An order has been delivered

Forwarded Messages or Referrals

If you forward or share links contained in text messages from New Braunfels Smokehouse, any interactions with those links (including clicks, sign-ups, or browsing activity) may trigger notifications or follow-up messages sent to you. Standard message and data rates may apply.

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. New Braunfels Smokehouse may add or remove any wireless carrier from the Service at any time without notice. New Braunfels Smokehouse and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from New Braunfels Smokehouse, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 1-936-666-8169 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from New Braunfels Smokehouse. You can also contact us at [email protected] or call 1-800-537-6932. These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 1-936-666-8169. This will provide you with our customer service information at [email protected] or call 1-800-537-6932. You can also contact us at 441 N Guenther Ave, New Braunfels, TX 78130.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

Arbitration and Class Action Waiver

Please read this SECTION carefully.  It affects your rights. BY OPTING into the service, you agree that Any dispute or claim relating in any way to your use of [COMPANY’S services] will be resolved by binding INdividual arbitration, rather than in court, except as expressly Provided below.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., and any other Federal or state statute, regulation, or legal or equitable theory to the fullest extent permitted by law.  You and NEW BRAUNFELS SMOKEHOUSE hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration.  Unless you and we agree otherwise in writing, arbitration shall be administered by [the American Arbitration Association’s Consumer Arbitration Rules (the “AAA’s Rules”)/JAMS’s Consumer Arbitration Rules (“JAMS’s Rules”)] in effect at the time of filing of the arbitration.  However, just as a court would, the arbitrator or arbitrators must be neutral and must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or [the AAA’s/JAMS’s] Rules.  The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND NEW BRAUNFELS SMOKEHOUSE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE [AAA/JAMS] WOULD.  RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS.  HOWEVER, IF 25 OR MORE SIMILAR DEMANDS FOR ARBITRATION ARE FILED AND THE DEMANDS WOULD OTHERWISE QUALIFY AS A MASS ARBITRATION UNDER [the AAA’s/JAMS’s] RULES, THE ARBITRATION WILL PROCEED UNDER THE [AAA MASS ARBITRATION SUPPLEMENTARY RULES/JAMS MASS ARBITRATION PROCEDURES]. [UNLESS YOU AND NEW BRAUNFELS SMOKEHOUSE AGREE OTHERWISE IN WRITING, IF THE [AAA MASS ARBITRATION SUPPLEMENTARY RULES/JAMS MASS ARBITRATION PROCEDURES] DO NOT APPLY, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

Prior to initiating any arbitration, you must first provide NEW BRAUNFELS SMOKEHOUSE with a written notice of dispute at [PHYSICAL OR EMAIL ADDRESS THAT WILL BE MONITORED] that contains: (a) your name and phone number(s); (b) the nature and basis of the claim; (c) the specific relief sought; and (d) your signature. NEW BRAUNFELS SMOKEHOUSE will provide you with similar notice. We agree to attempt in good faith to resolve the dispute for at least 30 days before commencing arbitration.

Unless the [AAA Mass Arbitration Supplementary Rules/JAMS Mass Arbitration Procedures] apply, if you initiate arbitration against NEW BRAUNFELS SMOKEHOUSE, you must pay the minimum consumer arbitration fee set forth in [AAA Mass Arbitration Fee Schedule/JAMS’s Consumer Arbitration Minimum Standards], unless waived for indigency, and NEW BRAUNFELS SMOKEHOUSE will pay all other arbitration administrative or filing fees, including the arbitrator and/or JAMS case management fees. You and NEW BRAUNFELS SMOKEHOUSE are each responsible for your respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.

The following claims are not subject to this agreement to arbitrate: (a) claims that qualify for resolution in small claims court, provided the claim remains in that forum and is pursued on an individual basis; and (b) claims for infringement or misappropriation of intellectual property rights.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.  If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.