SMS TERMS AND CONDITIONS
Effective Date: May 12, 2026
IMPORTANT NOTICE: THESE SMS TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 16. BY OPTING IN TO SMS, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION PROCEEDINGS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU HAVE A 30-DAY RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 16.5.
1. BUSINESS INFORMATION
Business Legal Name | Three Oaks Hospitality
Business Address | 220 W. 7th Ave. Suite 110, Tampa, FL 33602
Support Email | https://www.threeoakstampa.com/contact/
Support Phone | (813) 251-3130
Website | https://www.threeoakstampa.com
Privacy Policy | https://www.threeoakstampa.com/privacy-policy/
Program | Three Oaks Hospitality Rewards Program
2. EXPRESS WRITTEN CONSENT TO RECEIVE TEXTS
By providing your mobile phone number and opting in to the SMS program of Three Oaks Hospitality (the "Business"), you expressly consent to receive recurring promotional and marketing text messages from or on behalf of the Business at the mobile number provided, including messages sent through an automatic telephone dialing system, automated technology, or other automated equipment. Consent is not a condition of any purchase or service, and you do not have to agree to receive marketing texts in order to purchase goods or services from the Business. You may revoke your consent at any time as described in Section 8 (Opt-Out).
3. SMS PROGRAM DESCRIPTION
Messages may include promotions, special offers, discounts, product updates, loyalty updates, event invitations, cart reminders, and other marketing communications related to the Business.
4. OPT-IN
You may opt in to receive SMS messages from the Business through one or more of the following methods:
• Submitting an online form and checking the SMS consent checkbox
• Signing up through a website or landing page that clearly identifies the SMS program
• Sending a keyword such as START to a designated phone number
• Other documented opt-in methods provided by the Business
By opting in, you confirm that:
• You are at least 18 years of age and the authorized subscriber or customary user of the mobile number provided
• You consent to receive SMS marketing messages from the Business
• Your consent is provided voluntarily and is not bundled with any other agreement
The Business may require an additional confirmation step after the initial opt-in (such as replying "YES" to a verification message). You will only start receiving marketing messages after this confirmation, where required.
5. MESSAGE FREQUENCY
Message frequency varies. You will receive approximately 5 messages per month. Actual frequency may vary based on promotions, account activity, and customer preferences.
6. MESSAGE AND DATA RATES
Message and data rates may apply. Charges depend on your mobile carrier plan.
7. CARRIER DISCLAIMER
T-Mobile, AT&T, Verizon, U.S. Cellular, Boost Mobile, Cricket Wireless, MetroPCS, and other mobile carriers (collectively, "Carriers") are not liable for delayed or undelivered messages.
8. OPT-OUT
You may opt out at any time by replying STOP to any SMS message. After sending STOP, you may receive a final confirmation message. You will then no longer receive marketing SMS messages from the Business unless you opt in again. You may also revoke consent in any other reasonable manner, including by contacting the Business using the support information in Section 1.
9. HELP
Reply HELP to any message or contact the Business using the support information in Section 1 for assistance.
10. ELIGIBILITY
By enrolling in the SMS program, you represent and warrant that you (a) are at least eighteen (18) years of age; (b) are the authorized subscriber or customary user of the mobile phone number you provided; (c) are providing the mobile number voluntarily; (d) have the authority to consent to receive SMS messages at that number; and (e) are providing a mobile number issued by a U.S. carrier.
11. PRIVACY
Your information will be handled in accordance with the Business's Privacy Policy (linked in Section 1). Mobile opt-in data and consent will not be shared with third parties or affiliates for marketing purposes. This includes text messaging originator opt-in data and consent, which will not be shared with any third party for purposes other than operating the SMS program.
12. STATE-SPECIFIC NOTICES
12.1 California.
To the extent applicable, you consent to the recording of communications for quality assurance and training purposes.
12.2 Florida (Florida Telephone Solicitation Act).
You expressly consent to receive automated text messages from the Business at the number provided, including using an automated system for the selection or dialing of telephone numbers or the playing of a recorded message.
12.3 Oklahoma (Telephone Solicitation Act).
You expressly consent to receive solicitation text messages from the Business at the number provided, regardless of whether the number is on any do-not-call registry.
12.4 Washington (Commercial Electronic Mail Act).
You acknowledge that commercial text messages are sent with your prior consent.
13. NO WARRANTY
The SMS service is provided "as is" and "as available." The Business does not warrant that the service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. To the maximum extent permitted by law, the Business disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
14. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall the Business, its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, licensors, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, lost data, loss of goodwill, or any other intangible loss, arising out of or relating to the SMS program, even if advised of the possibility of such damages. The Business's aggregate liability arising out of or relating to the SMS program shall not exceed the greater of (a) one hundred U.S. dollars ($100); or (b) the amount you paid the Business in the twelve (12) months preceding the event giving rise to the claim. Nothing in this Section limits or excludes liability that cannot lawfully be limited or excluded, including for personal injury, gross negligence, willful misconduct, or fraud.
15. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Business, its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these SMS Terms and Conditions; (b) your provision of a mobile number that you are not authorized to provide; or (c) your violation of any applicable law or regulation.
16. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES THAT DISPUTES BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU HAVE A 30-DAY RIGHT TO OPT OUT OF ARBITRATION (SECTION 16.5).
16.1 Informal Resolution.
Before initiating any formal proceeding, you agree to send a written Notice of Dispute to the Business at the support contact in Section 1 stating: (a) the nature and basis of the claim or dispute; (b) the specific relief sought; and (c) your name, mobile number, and contact information. You and the Business agree to negotiate in good faith for sixty (60) days from receipt of the Notice of Dispute to resolve the dispute informally.
16.2 Binding Arbitration; Delegation.
If the dispute is not resolved within sixty (60) days, you and the Business agree to resolve any dispute, claim, or controversy arising out of or relating to these SMS Terms and Conditions or the SMS program — including the validity, enforceability, scope, or applicability of this arbitration agreement (the "Delegation Clause") — exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that a court of competent jurisdiction (and not the arbitrator) will decide any challenge to the enforceability of the Class Action Waiver in Section 16.3. The arbitration will take place by telephone or videoconference unless the parties agree otherwise or the arbitrator orders an in-person hearing. AAA fees and costs will be allocated as provided in the AAA Consumer Arbitration Rules.
16.3 Class Action Waiver.
YOU AND THE BUSINESS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Neither you nor the Business may join or consolidate claims with those of any other person. If this Class Action Waiver is found unenforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed and may proceed in court, while all other claims will continue in arbitration.
16.4 Jury Trial Waiver.
To the extent permitted by applicable law, you and the Business each waive any right to a jury trial in connection with any dispute arising out of or relating to these SMS Terms and Conditions or the SMS program.
16.5 30-Day Right to Opt Out of Arbitration.
You may opt out of the arbitration agreement in Sections 16.2–16.4 by sending written notice to the Business at the support email in Section 1 within thirty (30) days of your first opt-in to the SMS program. The notice must include your name, mobile number, and a clear statement that you wish to opt out of arbitration. If you opt out, the remaining provisions of these SMS Terms and Conditions will continue to apply.
16.6 Mass / Coordinated Arbitrations.
If twenty-five (25) or more similar arbitration demands are filed by or on behalf of consumers represented by the same or coordinated counsel within a sixty (60)-day period, the parties agree that AAA will administer the arbitrations in staged batches of up to fifty (50) demands at a time ("Batches"). Each Batch will proceed before a single arbitrator on a representative-bellwether basis. After each Batch, the parties will engage in good-faith settlement discussions to attempt to resolve the remaining demands before commencing the next Batch. Filing fees and arbitrator fees for non-Batch demands will be tolled until the prior Batch concludes.
16.7 Exceptions.
Either party may bring an individual claim in a small claims court of competent jurisdiction (so long as the matter remains in such court); and either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.
17. GOVERNING LAW
These SMS Terms and Conditions are governed by the Federal Arbitration Act (with respect to Section 16) and the laws of the State of Florida, without regard to its conflict-of-law principles. Subject to Section 16, any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in Hillsborough County.
18. CHANGES TO THESE TERMS
The Business may update these SMS Terms and Conditions from time to time. Material changes (such as those that expand the scope of permissible messages or that adversely affect your rights) will be communicated by SMS or email at least ten (10) days before they take effect, and your continued participation after the effective date constitutes acceptance. The Business will obtain renewed express written consent if required by applicable law before sending materially different categories of marketing messages. Non-material changes will be effective upon posting to the Business's website.
19. SEVERABILITY
If any provision of these SMS Terms and Conditions is held unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be reformed only to the minimum extent necessary to make it enforceable.
20. NO WAIVER
The Business's failure to enforce any right or provision of these SMS Terms and Conditions will not be deemed a waiver of such right or provision.
21. ASSIGNMENT
You may not assign or transfer these SMS Terms and Conditions, by operation of law or otherwise, without the Business's prior written consent. The Business may assign these SMS Terms and Conditions, in whole or in part, to any successor in interest, including in connection with a merger, acquisition, or sale of assets.
22. ENTIRE AGREEMENT
These SMS Terms and Conditions, together with the Business's Privacy Policy, constitute the entire agreement between you and the Business with respect to the SMS program and supersede all prior or contemporaneous communications and agreements on that subject.
23. SURVIVAL
Sections 11 (Privacy), 13 (No Warranty), 14 (Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution), 17 (Governing Law), 19 (Severability), 20 (No Waiver), 21 (Assignment), and 22 (Entire Agreement) survive any termination of your participation in the SMS program.
24. CONTACT INFORMATION
For questions regarding these SMS Terms and Conditions, please contact the Business using the contact details in Section 1.