MOBILE ACCESS & TEXT MESSAGING TERMS

USE OF MOBILE DEVICES

If you use a mobile device to access the Sizzling Platter Online Services, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sizzling Platter Online Services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. See iPhone App End User Agreement and Android App End User Agreement. By accessing or using any Checkers Online Services via a mobile device, you agree to these Terms and to any applicable terms of a mobile app you may use.

TEXT MESSAGING PROGRAM

ENROLLMENT.

If you enroll in our text messaging (SMS) program, you will be asked to consent expressly — evidenced by provision of your mobile telephone number, specified prompted key word(s), or SMS/MMS or other text message affirmative response (e.g., Y or zip code) as your signature to agree to receive recurring marketing messages, including such messages sent through an automatic telephone dialing system, where such messages may be sent by us or our vendors to the mobile number you provided at opt-in.  Such consent is not a condition of making any purchase.

GENERAL TERMS & DISPUTES.

Without limitation our text messaging program is subject to these complete Terms of Service, which contain provisions that govern how claims you and Sizzling Platter have against each other are resolved , including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.

OPTING OUT.

You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program, or just texting STOP to the number from which you currently are receiving our text messages.   In either case, you will receive one additional message confirming that your request has been processed.  If you do not receive this confirmatory text message, please contact marta@splat.com for help.   For all other help inquiries, please text HELP to the number from which you are currently receiving the Coupon Message.

YOUR OWN WIRELESS PLAN.

As always, message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact our wireless provider.

YOUR DUTIES FOR YOUR OWN PHONE NUMBER.

You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program.  If you change or deactivate that number, you are responsible for notifying us at 555-555-5555 immediately.  Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

PARTICIPATION SUBJECT TO TERMINATION OR CHANGE.

We may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.

UNITED STATES ONLY

The Sizzling Platter Online Services are intended for use only in the 50 United States, plus D.C. You are responsible for compliance with any local laws if you access or use the Checkers Online Services anywhere else.   All prices displayed on the Checkers Online Services are quoted in U.S. Dollars and are valid and effective only in the United States.