SMS Mobile Terms & Conditions
Please read these Terms carefully. They affect your rights. Any dispute or claim relating in any way to your use of the SMS Services will be resolved by binding arbitration, rather than court.
- Signing Up and Opting-In to the SMS Services
You may not enroll to use for SMS Services if you are under 18 years old. Murray’s Cheese reserves the right to discontinue the SMS Services at any time with or without notice.
By opting into the SMS Services, you:
- Authorize Murray’s Cheese and its service providers and/or affiliates use of autodialer or non-auto dialed technology to contact you by text message at the mobile phone number associated with your account or opt-in, as applicable.
- 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.
- Consent to the use of an electronic record to document your opt-in.
- Understand that you are not required to grant consent as a condition of purchase.
- Understand that you may revoke your consent at any time by texting the word STOP to 83843 or replying STOP to any text message that you receive from the SMS Services. After texting STOP, you will receive one additional message confirming that your request has been processed.
- Understand that message and data rates may apply.
- Understand that SMS Services may not be available on all carriers, and that Murray’s Cheese may add or remove wireless carriers to the SMS Services at any time without notice.
- To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 1-888-692-4339.
- Communications You May Receive
Message frequency may vary. Once you have confirmed your opt-in, you may receive alerts about:
Product launch announcements
Back in stock alerts
Price drop alerts
Low inventory alerts
Other marketing purposes
- GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION
3.1 RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and Murray’s Cheese and any of its affiliated companies arising out of or relating in any way to your use of the SMS Services or the Terms must be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.
3.2 WAIVER OF RIGHT TO BRING CLAIMS IN COURT AND TO HAVE THEM HEARD BY A JUDGE AND JURY. You specifically acknowledge and agree that you waive the right to bring a lawsuit in court based on any claims or disputes described in Paragraph 3.1 above, and to have such lawsuit resolved by a judge or jury to the fullest extent permitted in applicable law.
3.3 LIMITATION OF LEGAL REMEDIES. AAll arbitrations under the Terms shall be conducted on an individual (not a class-wide) basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. You acknowledge and agree that with regard to any claims relating in any way to the SMS Services or these Terms, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims and you agree you will not proceed in any court or arbitration proceedings as a representative of others, join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under Ohio’s Unfair and Deceptive Trade Practices Act, California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, and any other state consumer protection laws.
3.4 ARBITRATION PROCEDURES.
3.4.1 Before commencing any arbitration proceedings under the Terms, you must first present your claims or disputes to Murray’s Cheese by calling 1-888-MY-CHEEZ (1-888-692-4339) Ext. 7 and asking for the customer service department and allowing Murray’s Cheese the opportunity to resolve the claims or disputes. If your claims or disputes are not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the Terms.
3.4.2 The arbitration of any claim or dispute hereunder shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures, which are available by calling the AAA, at 1-800-778-7879, or by visiting its web site at www.adr.org.
3.4.3 The arbitration of any claims or disputes hereunder shall be conducted in the State of Ohio.
3.4.4 All administrative expenses of arbitration proceedings commenced hereunder shall be paid by Kroger.
You can text HELP for help at any time to 83843. You can also contact us at Murray’s Cheese, 25-19 Borden Ave., Long Island City, NY 11101.