SMS Text Program Terms & Conditions

Last Updated:

Please read these SMS Terms and Conditions carefully.

By signing up for one or more text messaging programs (“Program” or “Programs”), you agree to these terms and conditions (“Program Terms and Conditions”) and expressly consent to receive non-marketing and marketing text messages from Outback Steakhouse of Florida, LLC (“Outback” “we”, “us”, or “Company”) and others texting on its behalf, including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.

You also accept and agree to be bound by these SMS Terms and Conditions, the Terms & Conditions, the Privacy Policy, and any other applicable terms and agreements related to your use of Company’s services.

Program Description

Company and its service providers may use an automatic telephone dialing system (“autodialer”) to deliver Company text messages to you. Company text messages are intended to provide you with information about upcoming deliveries and promotional messages regarding Company’s goods and services (e.g., Company-sponsored events, offers, coupons, new product offerings, and promotions).

Message Frequency

You will receive a maximum of six messages per month per Company program.

Carrier and Cost information

Message and data rates may apply to each text message sent or received in connection with Company 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. Carriers are not liable for delayed or undelivered messages.

The Program may not be available in all areas. The Program may not be supported by all carriers and all devices. You represent and warrant that you are the age of majority where you reside (18 in most states) and are a U.S. resident using a U.S. mobile number to subscribe.

How to Opt-In

Text JOINOB to 23742 to receive text messages from Company about what's new in our restaurants, special savings, promotions, and more.

How to Opt-Out

To stop receiving text messages, text STOP to 23742, or STOP, END, QUIT, CANCEL, or UNSUBSCRIBE as a reply to any Program message. This will only opt you out of the specific text Program associated with that five-digit short code.

By enrolling in this Program, you consent that following such a request to unsubscribe, you will receive one (1) final message from Company confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you re-activate your subscription.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide. You agree to promptly notify us if your phone number changes or you do not continue to own and control the device assigned by your carrier to the number you provided us.

You may notify Company of a number change by following the information found below in the Contact Us section.

Privacy

Please click here to access Company’s Privacy Policy.

Changes to Terms and Conditions

Company may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Company’s website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Company text messages will indicate your acceptance of those changes.

Termination of Text Messaging

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

Communications and Consent to Electronic Notices

You may communicate with Company via postal mail, telephone, and our website. Company may issue notices via these various channels, including by sending e-mail to an address you provide. You agree that such notices shall have legal effect. You also agree that notices sent by e-mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use Company products or services. You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, Company will provide you with paper copies upon request. If you withdraw your consent, Company reserves the right to terminate your use of Company’s products or services.

To receive, access, and retain the notices that Company sends via e-mail, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you are able to receive, access, and retain the notices that Company may send.

Contact Us

If you have questions regarding these SMS Terms and Conditions, please reach out to us by submitting your information on the “Questions/Feedback” form on the website associated with the specific text messaging program you opted into located at www.outback.com/contact.

Disputes

Any dispute or claim arising out of or relating in any way to a Program will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these SMS Terms and Conditions.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.

To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand to Outback Steakhouse of Florida, LLC, 2202 N. West Shore Blvd. Suite 500, Tampa, FL 33607. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees (but not any attorney's fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, Outback will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.

We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.

We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF FLORIDA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS & CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST OUTBACK STEAKHOUSE OF FLORIDA, LLC, AND ITS RELATED COMPANIES ARISING OUT OF OR RELATING IN ANY WAY TO ANY OUTBACK PROGRAM.