™These SMS Terms (the “Terms”) govern the Flake 'n' Roll text message program (the “Program”) operated by Riceburrito Inc., which does business as Flake 'n' Roll (“Company,” “we,” “us,” or “our”). By enrolling in the Program, you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference.
1. Program description
The Program sends recurring automated marketing text messages about Flake 'n' Roll, which may include opening news, menu and location announcements, promotions, offers, events, and reminders. If you separately request it, the Program may also send informational messages related to your request, such as order or customer service updates. Messages may include text, images, or links.
2. How you enroll and what you consent to
You enroll by entering your mobile number on a Flake 'n' Roll signup form that displays the SMS consent disclosure and then tapping the submit button (for example, “Notify me”), or by any other enrollment method that displays a similar disclosure. By doing so, you:
- agree to these Terms and electronically sign them;
- expressly consent to receive recurring marketing text messages from Riceburrito Inc. (Flake 'n' Roll) at the number you provided, including messages sent using an automatic telephone dialing system or other automated technology; and
- confirm that the information you provided is accurate.
Consent is not a condition of any purchase. Your consent applies only to messages from Riceburrito Inc. under the Flake 'n' Roll brand. Visiting our website, making a purchase, following us on social media, or signing up for email does not by itself enroll you in the Program. We may send a one-time message confirming your enrollment.
3. Eligibility and your mobile number
To enroll, you must be at least 18 years old, located in the United States, and the account holder of the mobile number you provide or authorized by the account holder to enroll it. You may not enroll anyone else's number without their authorization.
If you change, cancel, or transfer your mobile number, you agree to text STOP from that number or notify us at hello@flakenroll.com before you give it up, so that messages are not sent to the number's next user. We may use industry tools, including the FCC Reassigned Numbers Database, to check whether a number has been reassigned.
To the fullest extent permitted by law, you agree to indemnify and hold harmless the Company from claims, losses, and costs, including reasonable attorneys' fees, arising from your enrollment of a number that you do not own or are not authorized to enroll, or from your failure to notify us that your number changed. This paragraph does not apply to claims caused by our own failure to honor an opt-out request.
4. Message frequency and charges
Message frequency varies. Message and data rates may apply according to your wireless plan, and you are responsible for any charges from your carrier. We do not charge a fee to participate in the Program.
5. How to opt out
You may cancel at any time by replying STOP to any Program message. We also honor the replies QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE, OPT OUT, and STOP ALL, and other reasonable requests to stop, including an email to hello@flakenroll.com that includes your mobile number. We will process your request promptly and within the time required by law.
After you opt out, we may send one final message confirming that you have been unsubscribed. You will then stop receiving Program messages at that number unless you enroll again. Opting out of texts does not unsubscribe you from email, and unsubscribing from email does not opt you out of texts.
6. Help
For help, reply HELP to any Program message or email hello@flakenroll.com.
7. Carriers and delivery
The Program is available on major U.S. wireless carriers. Delivery depends on your device, carrier, and coverage and is not guaranteed. Wireless carriers are not liable for delayed or undelivered messages. Do not rely on the Program for emergencies or time-sensitive information.
8. Privacy and your information
We collect and use Program information as described in our Privacy Policy. This includes your mobile number, the date and time you enrolled, the consent language shown to you, message and delivery records, and opt-out records.
We do not sell, rent, or share your mobile number or your SMS opt-in and consent information with third parties or affiliates for their own marketing or promotional purposes. We disclose this information only to service providers that help us operate the Program, such as messaging platforms, message aggregators, and wireless carriers, under confidentiality obligations. We may also disclose it when required by law or when needed to protect our rights or others' safety.
We keep records of enrollment, consent, and opt-out even after you unsubscribe, so that we can honor your choice and demonstrate compliance. Do not send payment card numbers, health information, or other sensitive information by text.
9. Disclaimer of warranties
To the maximum extent permitted by law, the Program and all messages are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not guarantee that the Program will be uninterrupted, timely, secure, or error-free. Offers sent through the Program are subject to their stated terms and may be changed or withdrawn as permitted by law.
10. Limitation of liability
To the maximum extent permitted by law, Riceburrito Inc. and its officers, directors, employees, agents, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or data, arising out of or relating to the Program. Our total liability for all claims arising out of or relating to the Program will not exceed one hundred U.S. dollars ($100).
These limits do not apply to liability that cannot be limited or excluded under applicable law, including liability for fraud, gross negligence, or willful misconduct, or to statutory damages or remedies that the law does not allow to be limited. These Terms do not limit your rights regarding food or other products you buy from us.
11. Dispute resolution: individual arbitration and class action waiver
Informal resolution first
Before starting an arbitration or court case, you and we agree to try to resolve any dispute informally. Send a written notice with your name, mobile number, a description of the dispute, and the relief you want to hello@flakenroll.com with the subject line “Dispute Notice.” We will send any notice to you at the contact information we have for you. If the dispute is not resolved within 60 days after the notice is received, either party may begin arbitration. Applicable limitation periods are paused during this 60-day period.
Agreement to arbitrate
Except as stated below, you and we agree that any dispute, claim, or controversy arising out of or relating to the Program, these Terms, or any text message sent or received through the Program, including claims under the Telephone Consumer Protection Act or similar state laws and disputes about the scope or enforceability of this Section, will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. Payment of AAA filing, administration, and arbitrator fees will follow the AAA Consumer Arbitration Rules. The arbitration may take place by video, by phone, based on written submissions, or in the county where you live. The arbitrator may award the same individual relief that a court could award, but only to the individual party seeking relief and only to the extent needed for that party's individual claim.
Exceptions
Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek relief in court for infringement or misuse of intellectual property.
Class action and jury trial waiver
You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims of more than one person. You and we each waive any right to a jury trial.
If this class action waiver is found unenforceable for any claim, that claim will be decided by a court and not in arbitration, and it will be stayed until any individual arbitration is complete. If 25 or more similar arbitration demands are filed by or with the help of the same or coordinated counsel, the AAA's supplementary rules for mass arbitrations will apply to the extent the AAA's rules permit.
Your right to opt out of arbitration
You may opt out of this arbitration agreement by emailing hello@flakenroll.com within 30 days after you first enroll in the Program. Use the subject line “Arbitration Opt-Out” and include your name and mobile number. Opting out does not affect any other part of these Terms or your participation in the Program.
Governing law and venue
These Terms are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-law rules. Any dispute that is not subject to arbitration will be brought only in the state or federal courts located in Santa Clara County, California, and you and we consent to their jurisdiction. This does not deprive you of any protection that the mandatory law of your state of residence gives you.
12. Changes to the Program or these Terms
We may change, suspend, or end the Program at any time. We may update these Terms by posting a new version on this page and updating the effective date, and we will provide any additional notice or obtain any consent the law requires. Your continued participation after an update takes effect means you accept the updated Terms. Changes to Section 11 will not apply to a dispute we already had notice of before the change.
13. General
If any part of these Terms is found unenforceable, that part will be enforced to the maximum extent permitted, and the rest of these Terms will remain in effect, except as stated in Section 11. Our failure to enforce any provision is not a waiver. We may assign these Terms in connection with a merger, acquisition, or sale of assets, but an assignment does not expand the scope of your consent. These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Program.
14. Contact us
Riceburrito Inc. (Flake 'n' Roll)Email: hello@flakenroll.com
Website: flakenroll.com