Starbucks Good Vibe Messenger
Terms of Service
By opting in to or using the Starbucks text message service (the “Good Vibe Messenger”), you accept these Terms & Conditions and agree to resolve disputes with Starbucks through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the “Disputes” section below.
From time to time, Starbucks may advertise the opportunity to participate in the Good Vibe Messenger and receive alerts and information via text message from Starbucks (including its subsidiaries and affiliates). You acknowledge and agree that you are opting in to the Good Vibe Messenger by texting a specific keyword to a specific toll-free number as specified in the applicable Starbucks message. This program will send inspirational messages, media (images, audio) and coupon codes to users who subscribe by sending the word “Hi”.
By opting in:
- You authorize Starbucks to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your opt in (i.e., the number from which you send the opt in request). You do not have to opt-in or agree to opt-in as a condition of purchase.
- You confirm that you are the subscriber to the relevant phone number or that you are the customary users of that number on a family or business plan and that you are authorized to opt-in.
- You consent to the use of an electronic record to document your opt-in
More information and Opting Out
- Text "STOP" to 78887 to cancel the SMS service at any time. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just text "Hi" and we will start sending SMS messages to you again.
- If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at firstname.lastname@example.org.
Message and data rates may apply. Message frequency and quantity will vary. Starbucks may terminate the Good Vibe Messenger or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received.
Our participating carriers include (but not limited to) AT&T, Verizon Wireless, U.S. Cellular, T-Mobile, and MetroPCS. Carriers are not liable for delayed or undelivered messages to the customer. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services at the prices offered. Prepaid users may not be able to participate - check with your mobile operator.
Please read this “Disputes” section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of through court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms and Conditions.
- Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms, your participation in the Good Vibe Messenger, or your relationship with Starbucks. Any dispute or claim arising out of or relating to these Terms, your access to or participation in the Good Vibe Messenger, or your relationship with Starbucks or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
- Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt-out of this arbitration provision within 30 days from the date you opted in to the Good Vibe Messenger as described above (the “Opt-Out Deadline”). You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Starbucks Legal Department, Starbucks Corporation, 2401 Utah Avenue S., Seattle, WA 98134. Any opt out received after the Opt-Out Deadline (allowing three (3) additional days for mailing) will not be valid, and you must pursue your claim in arbitration or small claims court.
- Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Starbucks will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we will not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
Any dispute arising from these Terms or your access to or participation in the Good Vibe Messenger will be governed by and construed and enforced in accordance with the laws of Washington, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in King County, Washington.
You consent to the handling of your information as described in the Starbucks Privacy Statement available at www.starbucks.com/privacy. To contact Starbucks customer service, visit http://customerservice.starbucks.com/