Terms of service

PLEASE READ THESE PETE & GERRY’S LLC TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY PETE AND GERRY’S (“PETE AND GERRY’S” OR “WE” OR “US”) EMAIL OR TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF PETE AND GERRY’S EMAILS OR TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE TERMS AND CONDITIONS AND OUR TERMS OF USE WHICH ARE INCORPORATED BY REFERENCE HEREIN.

By signing up for one or more email or text messaging programs, you expressly consent to receive marketing or non-marketing emails and text messages, as applicable, from Pete and Gerry’s and others texting on its behalf and you agree to be bound by these terms and conditions.  You acknowledge that text messages will be made with an automatic telephone dialing system (“autodialer”), at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive text messages is not required and consent is not a condition of any purchase.  

If you do not agree with these terms and conditions, you must immediately cease using these services and opt-out, as described below. We may update or amend this Agreement at any time, and such amendments will be effective upon our posting of the updated terms and conditions on our website. We may also elect to send you a text message to your mobile number to advise you of such amendments. If you do not agree to these terms and conditions as amended, you must immediately cease using the services and opt-out, as described below. Your continued access or use of the services after such posting constitutes your consent to be bound by these terms and conditions, as amended.

Program Description

Our email and text messages are intended to provide you with transaction-related information.  Messages may also be used for marketing and promotional information regarding Pete and Gerry’s products and services (e.g., promotions offered by Pete & Gerry’s). 

Message Frequency

The number of Pete & Gerry’s email and text messages that you receive will vary depending on which Pete & Gerry’s text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs.  You will receive a maximum of 3 messages per week per Pete & Gerry’s text messaging program. 

Cost

Message and data rates may apply to each text message sent or received in connection with Pete & Gerry’s text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Pete & Gerry’s does not impose a separate fee for sending Pete & Gerry’s text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

How to Opt-In

To opt-in to receive text messages from a Pete & Gerry’s text messages, you may sign up when you create an account on the Pete & Gerry’s website.  

How to Opt-Out

To stop receiving text messages from a specific Pete & Gerry’s text messaging program, text STOP. You acknowledge that you will then receive one (1) final message from Pete & Gerry’s confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription.  

Your Email & Mobile Telephone Number

You represent that you are the account holder for the email address and mobile telephone number(s) that you enroll. You are responsible for notifying Pete & Gerry’s immediately if you change your mobile telephone number. You may notify Pete & Gerry’s of a number change by emailing our customer support team.  

Access or Delivery to Mobile Network is Not Guaranteed

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions.  You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Pete & Gerry’s’s control, and Pete & Gerry’s is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).

It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.  

For questions about our Email or SMS communications, you can send an email to familyfarmteam@peteandgerrys.com.

Eligibility

To receive Pete & Gerry’s email and text messages, you must be a resident of the United States and 18 years of age or older.  Pete & Gerry’s reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions

Pete & Gerry’s may revise, modify, or amend these Terms of Service at any time without notice.  Any such revision, modification, or amendment shall take effect when it is posted to Pete & Gerry’s’s website. You agree to review these Terms of Service periodically to ensure that you are aware of any changes.  Your continued consent to receive Pete & Gerry’s email and text messages will indicate your acceptance of those changes.

Termination of Text Messaging

We may suspend or terminate your receipt of Pete & Gerry’s text messages if we believe you are in breach of these SMS Terms and Conditions.  Your receipt of Pete & Gerry’s text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  Pete & Gerry’s reserves the right to modify or discontinue, temporarily or permanently, all or any part of our text messages, with or without notice.

Privacy

Your privacy is important to us. Our collection of information is governed by our Privacy Policy and we encourage you to review it.  

AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

Except for disputes brought in small claims court, any dispute arising out of or relating to the Terms or any relationship between the parties, or any of their parents, subsidiaries, affiliates, successors, officers, directors, or employees, heirs and permissible assigns, without limitation, no matter how described, pleaded or styled, will be resolved through final, binding arbitration under the substantive and procedural requirements of the Federal Arbitration Act. The arbitration will be conducted by a single, neutral arbitrator chosen by the parties, who shall be a retired judge or a lawyer with at least ten years of active practice in technology law.  The arbitration shall be conducted under the Consumer-Related Disputes Supplementary Procedures and expedited procedures of the American Arbitration Association (“AAA”).  Information about the AAA arbitration process and the AAA Consumer Rules can be obtained at www.adr.org.  The arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration. The arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties.  The parties agree that the arbitrator, and not a court, will have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement.  Each party will pay for its own attorneys’ fees and costs.  Any dispute or claim will be brought solely in that party’s individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action or consolidated action.  The fact of and all aspects of this arbitration and the underlying dispute will remain strictly confidential by the parties, their representatives, and the AAA.  The parties agree that any actual or threatened violation of this provision would result in irreparable harm and will be subject to being immediately enjoined.  If this arbitration agreement is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, the parties agree to waive any right to a jury trial for any dispute to which this agreement applies and any dispute will be commenced and maintained exclusively in the state or federal courts in New Hampshire and the parties each consent to the personal jurisdiction of the courts. This provision survives the termination of the Terms. Notwithstanding anything herein to the contrary, you retain the right to pursue any claim in a small claims court and proceed on an individual basis for any such claim that is within the court’s jurisdiction.

BY ACCEPTING THE TERMS YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.

Governing Law 

Any dispute arising from these Terms or your access to or participation texts from Pete & Gerry’s will be governed by and construed and enforced in accordance with the laws of New Hampshire, without regard to conflict of law rules or principles.