Mobile Terms and Conditions

Firehouse Subs Mobile Terms and Conditions  

Program Description: FRG, LLC (“Company”) is offering the Firehouse Subs Rewards mobile alert program (the “Program”), subject to these Mobile Terms and Conditions (the “Terms”). If you do not wish to continue participating in the Program or no longer agree to these Terms, you can reply “STOP” to any mobile message from Company in order to opt out of the Program. 

User Opt In: The Program allows users to receive SMS/MMS mobile alerts that include alerts, information, offers, and rewards by users affirmatively opting into the Program, such as through confirming your opt-in by replying to an opt-in confirmation message. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. The mobile messaging service used by Company to communicate with you requires human intervention for Company’s mobile messages to be initiated and does not it have the capacity to randomly or sequentially generate telephone numbers. Thus, Company’s mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by participating in the Program, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from Company. 

You may also receive text messages when you register for a Firehouse Subs Rewards account in order to verify your identity or authorize a transaction. These types of text messages will only be sent from Firehouse Subs on a one-time basis if you request to receive them. Receiving these types of messages are strictly for authentication or authorization purposes and do not opt you into any marketing messages. 

Cost and Frequency: Message and data rates may apply. Unless otherwise noted, the Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Company. 

Contact Information: For support, text “HELP” to any Company mobile message or reach out via 888-289-6185 or guestservices@firehousesubs.com. 

User Opt Out and Additional Commands: To opt out (discontinue participation in Program), reply “STOP” to any message you received from Company on your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. The Program may recognize or respond to additional commands and keyword queries. Thus, you may receive additional informational text messages based on your interaction with the Program, even after opting out of receiving the Program’s recurring alerts. You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of Company that result from your continued communication with the Program. Company may also provide you instructions on how to rejoin receiving the Program’s recurring mobile alerts when you unsubscribe or if you continue communication with the Program after opting out. You agree that you are subject to the Terms, including any modifications thereto then in effect, when you resubscribe to the Program through any of the available options to do so. 

MMS: The Program will send SMS MTs if your mobile device does not support MMS messaging. 

Company Warranty: Company will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Company’s control. Carriers are not liable for delayed or undelivered mobile messages. 

Privacy Policy: By participating in this Program, you acknowledge that you have reviewed and understand our Privacy Policy, and consent to the practices described in that policy. 

Terms of Service: By participating in this Program, you acknowledge that you have reviewed and understand our website Terms of Service and consent to the practices described in that policy. 

Dispute Resolution: For purposes of this Dispute Resolution Section, “Company” shall include its parent, subsidiaries, affiliates, and their respective shareholders, directors, officers, agents, employees, predecessors in interest, successors, and assigns. Except where prohibited by applicable law, which may include the Province of Quebec (to the extent applicable), the following terms apply to all legal disputes between you and Company. 

Most issues can be resolved quickly and amicably by contacting Company customer support at  guestservicesteam@firehousesubs.com or (888) 289-6185. We understand, however, that sometimes disputes cannot be easily resolved by customer support.  This section explains how you and Company agree to resolve those disputes, including (where applicable) through binding, individual arbitration.  Arbitration is an alternative dispute resolution procedure that allows us to resolve issues without going to court.  Any dispute between you and Company is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution.  The right to appeal from an arbitrator’s decision is very limited. 

You and Company agree to arbitrate all “Disputes” between us arising out of or relating to the Services or to these Terms (including without limitation the Privacy Policy), regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. “Dispute” means any claim or controversy between you and Company, including claims that arose before this or any prior agreement or that arise after the termination of the Terms, and will be given the broadest possible meaning permitted by law.  Any question about whether a Dispute is subject to arbitration, including any Dispute about the interpretation, applicability, meaning or enforceability of any provision of the Terms (except for whether or not the agreement to arbitrate was validly formed) will be decided by the arbitrator, not a court.  This requirement for binding individual arbitration survives any termination of the Terms or the cessation of Company’s provision of services to you. 

Only the following Disputes are exempt from the arbitration requirement: (1) complaints you wish to make to a government agency; (2) small claims court actions (as discussed below); (3) claims related to intellectual property infringement; (4) claims related to the enforceability of the requirement that arbitrations must be conducted on an individual basis only; and (5) actions to compel arbitration or to uphold or enforce any prior arbitration decision.  Further, you or Company may seek an injunction in court on an individual (non-class) basis to preserve the status quo between us for the entire period until we resolve the Dispute in arbitration.   

If you have an issue that our customer support cannot resolve, or if Company has a claim against you, before you, or we, can commence an arbitration, we first agree to make a good-faith effort to negotiate a resolution.  Those informal negotiations will start on the day that you or Company sends a written Notice of Dispute as set forth in this section, and you and Company agree not to start an arbitration until we have engaged in at least sixty (60) days of informal negotiations.  This is called the “Informal Resolution Period.”  The Notice of Dispute must include your name and contact information (address, telephone number, and email address), and a detailed description of (1) the Dispute, (2) the nature and basis of your claims, and (3) the nature and basis of the relief sought, with a detailed calculation. The Notice shall be sent by email to: privacy@rbi.com or by mail to: Restaurant Brands International US Services LLC, Attn: Legal, 5707 Blue Lagoon Drive, Miami, Florida 33126. You must personally sign the Notice. If requested by Company, you must personally appear at and participate in a telephone settlement conference (if you are represented by counsel, your counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by written agreement of the parties), you or Company may commence a formal demand for arbitration. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.   

As an alternative, if you are seeking only monetary damages for your personal Dispute with Company and not seeking relief on behalf of any other person, and if your claim falls within the jurisdiction of the small claims court in the county where you reside, you may bring your Dispute in that small claims court.  We hope you will try the informal resolution process described herein first and send a Notice of Dispute to start that process, but you do not have to go through such process before going to small claims court.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND COMPANY AGREE TO WAIVE THE RIGHT TO A JURY TRIAL IN SMALL CLAIMS COURT. Any Dispute brought in small claims court must remain in such court and may not be removed or appealed to a court of general jurisdiction and may advance only on an individual (non-class, non-representative basis). 

If you and Company do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this section. BY AGREEING TO THESE TERMS, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES WITH COMPANY IN COURT BEFORE A JUDGE OR JURY.  Instead, all disputes will be resolved through confidential binding arbitration by a single American Arbitration Association (“AAA”) arbitrator, according to the AAA Consumer Arbitration Rules (the “AAA Rules”), effective as of the date you send a Notice of Dispute. The arbitrator’s decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act (“FAA”). The arbitration will be subject to and governed by the FAA and other federal arbitration law.  You and Company both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by the Terms.  Although Company may revise the Terms in its discretion, including the way in which Disputes are resolved, Company does not have the right to alter this agreement to arbitrate or the rules specified herein with respect to any Dispute with respect to which a Notice of Dispute already has been sent. 

You or Company may commence an arbitration only after the conclusion of the Informal Resolution Period.  If either you or Company commences an arbitration without having previously provided a valid and compliant Notice of Dispute, you and Company agree that the AAA (or the arbitrator, if one has been appointed) must (i) suspend the arbitration until the party that initiated it complies with this requirement, and (ii) order the party that commenced the arbitration without having complied with this requirement to reimburse any arbitration fees paid by the other party prior to the suspension.  You and Company authorize the AAA or the arbitrator to decide summarily whether the party that commenced an arbitration complied with pre-filing requirements, relying solely on the Terms and the Notice of Dispute (if any) that the claimant provided before commencing arbitration. 

COMPANY DOES NOT CONSENT TO HAVING ANY DISPUTE ARBITRATED ON A CLASS BASIS, EVEN TO THE EXTENT THE ARBITRATION PROVIDER’S RULES MAY ALLOW FOR IT.  Any arbitration will be conducted on an individual basis only.  To the fullest extent allowed by applicable law, you and Company agree only to bring Disputes in an individual capacity and shall not seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where one person or entity acts in a representative capacity (e.g., private attorney general actions), and the arbitrator may not issue relief to any person who is not a claimant in arbitration.   

To start an arbitration, if you have already complied with the Informal Resolution Period requirements, you should follow the instructions on the AAA website.  You also may call AAA at 800-778-7879.  The party starting an arbitration must send AAA a “Demand for Arbitration,” pay a filing fee, and mail a copy of the Demand for Arbitration to the opposing party.  If you commence an arbitration, you must send a copy to privacy@rbi.com. If Company commences the arbitration, Company must send your copy to your registered email address and to the current mailing or billing address(es) you have provided us (if any). 

If you are or Company is demanding recovery of $10,000 or less, the arbitrator may resolve the Dispute based upon the parties’ written submissions alone, without a live hearing, unless the arbitrator believes a hearing is required.  For matters where the arbitrator believes a hearing is required, or for Disputes involving more than $10,000 but less than $25,000 in controversy, hearings will be conducted by teleconference or video conference, unless the arbitrator believes an in-person hearing is necessary.  In such instances, or for Disputes with $25,000 or more in controversy, the location of an arbitration hearing will be decided pursuant to the AAA Rules.   

An arbitrator can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party’s individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms as a court would. The arbitrator may not consider any prior settlement offers in making the decision. The arbitrator shall issue a reasoned, written decision sufficient to explain the arbitrator’s essential findings and conclusions.  The arbitrator’s decision will be final and binding, except for the limited judicial review provided by the FAA, and may be enforced as a final judgment by any court of competent jurisdiction. The arbitrator’s decision shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals. If either party unsuccessfully challenges the validity or enforcement of an award, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the unsuccessful challenge. 

If any provision of this section is found invalid or unenforceable, You and Company agree that the provision will be severed and the rest of the Terms shall remain in effect and be construed as if any severed provision had not been included.  The sole exception is that if the preclusion on class arbitration is found invalid or unenforceable, this entire section will be void and any affected Dispute will be resolved in court.  In the event a dispute cannot, by applicable law, be subject to binding arbitration, you and Company irrevocably submit to the jurisdiction of the state and/or federal courts in the Southern District of Florida, except where prohibited by applicable law, which may include the Province of Quebec.  Nothing in this paragraph shall preclude either you or Company from removing to federal court a case filed in state court, if federal jurisdiction exists. 

In a dispute between a consumer and a business, no matter which side starts the arbitration process, the AAA Rules require the business to pay most of the filing and hearing fees for the arbitration, but also require the consumer to pay a filing fee. Company will pay all fees and costs that we are required by law to pay. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. 

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this section, the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. 

Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against Company by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Company shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process, which shall be completed within 180 days from the selection of cases. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process, which shall be completed within 180 days from the selection of cases. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. To the extent your claim has not been adjudicated, resolved, or withdrawn within 18 months following the second bellwether process, you may elect to opt-out of the bellwether process and provide your Demand for Arbitration to the AAA for adjudication pursuant to the AAA Consumer Arbitration Rules and Multiple Consumer Case Filing Fee Schedule.  To the extent you have provided Notice of a Dispute, the statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Company. 

To the fullest extent allowed by applicable law, regardless of whether a Dispute must be arbitrated or is exempt from the arbitration requirement, you or Company must provide a Notice of Dispute—or, for exempt Disputes, commence litigation—within three (3) years from when the claimant first knew or reasonably should have known that the Dispute existed.  If applicable law provides a shorter deadline for commencing Disputes, that shorter deadline applies.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE FAILURE TO SEND A NOTICE OF DISPUTE OR TO COMMENCE LITIGATION WITHIN THE TIME PERIOD SET FORTH HEREIN SHALL BAR ALL SUCH CLAIMS. 

Disclaimer of Warranties: THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF REPRESENTATIONS, WARRANTIES OR CONDITIONS, SO SOME OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW. YOUR USE OF AND DECISION TO JOIN THE PROGRAM IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE PORGRAM OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED THROUGH THE PROGRAM OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE PROGRAM. THE PROGRAM IS PROVIDED "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE THROUGH THE PROGRAM OR OTHERWISE BY COMPANY. FURTHER, THERE IS NO WARRANTY THAT THE PROGRAM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS SENT TO YOU AS PART OF THE PROGRAM, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR COMPANY CONTENT. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF COMPANY SHALL CREATE ANY WARRANTY OR CONDITION. 

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

Exclusive Remedy and Limitation of Liability: THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES OR LIABILITY, SO SOME OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW. 

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL COMPANY, ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE OR ACCESS THE PROGRAM, INCLUDING WITHOUT LIMITATION ANY COMPANY CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE PROGRAM, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PROGRAM OR TO YOUR DOWNLOADING OF ANY CONTENT THROUGH IT OR ON ANY WEBSITE LINKED TO IT. 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE PROGRAM. 

Miscellaneous: You warrant and represent to Company that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. Company reserves the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified.