IMPORTANT: THESE TEXT MESSAGING TERMS OF USE APPLY ONLY IF YOU HAVE OPTED TO RECEIVE TEXT MESSAGES FROM Cafe Enterprises, Inc.. on behalf of Fatz Cafe (“we” or “us”).

When you opt in to our SMS program, you understand and agree that the Website Terms of Use are incorporated into, and become part of, the SMS Terms of Use (and both documents are together, the “Terms”). THE TERMS CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON OUR LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS REGARDING THE SMS PROGRAM. PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS.

1. SMS offers are only accessible on smartphone devices and we may change the SMS opt-in offer without notice. If you have opted in to receive text messages we do not charge you for the text message. Standard messaging and data rates will apply to each text message received as provided for in the wireless plan with your carrier. If you have entered your mobile # and your zip code and clicked “REGISTER” on our website then you have agreed to receive up periodic autodialed ads and other marketing messages per month from us on your mobile #. We do not require you to agree to receive text messages as a condition of making any purchase. If you need help with text messages text HELP to 473774. Currently, AT&T, Verizon Wireless, Sprint, Virgin, T-Mobile, US Cellular, Cricket (Leap), MetroPCS, C Spire, Carolina West Wireless (CWW), CellCom, and Bandwidth are participating carriers but these may change without notice. SMS may not be delivered to you if your phone is not in the range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within coverage, factors beyond the control of the participating carriers Verizon and T-Mobile/MetroPCS may interfere with messages delivery for which the carrier is not responsible. T-Mobile/Metro PCS does not guarantee that SMS will be delivered. If you wish to opt out of receiving text messages from us text STOP to 473774 or call (844) 788-7525. If you opt out, you will receive 1 final text message confirming your decision to unsubscribe.

2. Several of our FATZ CAFE are owned and operated by franchisees. These terms do not apply to any of our franchisees’ text marketing programs that are not using short code 473774. If you are receiving text messages from a Fatz Cafe on a different short code, you will need to opt out from them directly. Each franchisee is solely and independently responsible for its legal and regulatory compliance.