Culver’s Text Messaging Terms & Conditions
Last updated: June 26, 2025
PLEASE READ THESE TEXT MESSAGING TERMS & CONDITIONS (THE “TERMS”) CAREFULLY. BY SUBMITTING YOUR TELEPHONE NUMBER OR OTHERWISE AGREEING TO RECEIVE TEXT MESSAGES (E.G., SMS AMD MMS MESSAGES) FROM OR ON BEHALF OF CULVER’S, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER INCLUDED BELOW, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE.
THESE TERMS INCLUDE A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION AND REQUIRE THAT ANY DISPUTES BETWEEN YOU AND CULVER’S BE RESOLVED BY BINDING ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SUBMIT YOUR TELEPHONE NUMBER OR OTHERWISE AGREE TO RECEIVE TEXT MESSAGES (E.G., SMS AND MMS MESSAGES) FROM OR ON BEHALF OF CULVER’S.
NOTE THAT ALL CLAIMS AND DISPUTES ARISING UNDER THESE TERMS MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Consent for Text Messaging
By submitting your telephone number or otherwise agreeing to receive text messages (e.g., SMS and MMS messages) from or on behalf of Culver Franchising System, LLC (“Culver’s”), you agree to be bound by these Terms, and any other applicable terms related to your use of Culver’s services.
By using, taking part in, and/or opting in to text messaging, you expressly consent to receive marketing and/or non-marketing text messages, from Culver’s and any and all others texting on Culver’s behalf (including, but not limited to, its service providers, its employees, its agents, its affiliates, and/or other representatives), including text messages which may utilize or be sent using an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other type of systems, softwares, hardwares, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages, at the mobile telephone number associated with your opt-in. You may opt out of these communications at any time, and your consent to receive marketing text messages is not required and is not a condition to purchase any goods or services. You also consent to the use of an electronic record to document your opt-in. Message frequency varies. Message and data rates may apply. Text “HELP” for help, “STOP” to cancel.
You also agree to our Privacy Policy.
You will receive two (2) text messages as part of the process confirming your desire to opt-into text messages (first an opt-in request message, and once you have replied “Y” you will receive a sign-up confirmation message).
We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.
How to Opt Out
If you do not wish to continue receiving text messages from Culver’s or no longer agree to these Terms, directly reply to any message received with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out at any time. You may receive an additional mobile message confirming your decision to opt out. You understand and acknowledge that the text message program may not recognize and respond to unsubscribe requests that contain words or phrases other than those set forth above and agree that Culver’s, its service providers, its employees, its agents, its affiliates, and/or other representatives will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you understand and acknowledge that you may continue to receive text messages from Culver’s through any other programs you have joined until you separately unsubscribe from those programs.
Costs
Message and data rates may apply. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving text messages. You are solely responsible for any costs related to or associated with your receipt of text messages.
Supported Carriers
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Culver’s, its service providers, its employees, its agents, its affiliates, and/or other representatives are not liable for delayed or undelivered messages.
Support
To request more information, text the keyword HELP to the short code or telephone number from which you have received the text message about which you have questions. If you are experiencing any problems, please visit Culver's Contact Us - Welcome and submit the form with details about your problem or your request for support, or call 1-608-644-2176. Please note that the use of this phone number, or texting “HELP” to the text messaging program’s short code or telephone number is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
Access or Delivery to Mobile Network is Not Guaranteed
The Programs are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with any text messaging program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. We are not liable for delayed or undelivered mobile messages.
Participant Device & Service Requirements
You must have a wireless device of your own, capable of 2-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Privacy
We respect your privacy.
To view our privacy policy, please visit: https://www.culvers.com/legal/terms-and-privacy
Governing Law
This Agreement and the relationship between you and us shall be governed by and construed in accordance with the federal laws of the United States of America and the laws of the State of Wisconsin, excluding conflict of law provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THIS SITE, THESE TERMS OF USE, OR YOUR ACCOUNT, WILL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE CITY AND COUNTY OF DANE IN MADISON, WISCONSIN U.S.A. YOU AND WE IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration.
Miscellaneous
You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms 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 these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of any text messaging program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time. 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 any text messaging program after any such changes, you accept these Terms, as modified.
Contact
Culver Franchising System, LLC
Prairie du Sac, WI 53578
guestrelations@culvers.com
Disputes
You agree that any past, present, or future claim, controversy or dispute (whether in contract, tort, or otherwise) you may have at law or in equity against Culver’s, its parent subsidiary or affiliated entities, or any of their respective officers, directors, employees or agents (all such individuals and entities collectively referred to herein as the “Culver’s Entities”) arising in whole or in part out of or relating in any way to your use of this Site, any text messages received from us, any use of the mobile application, and any transactions made on this Site, these Terms or the scope or applicability of this agreement to arbitrate (each, a “Dispute”) will be resolved in accordance with the provisions set forth in this section.
Please read this section carefully. It affects your rights and will have a substantial impact on how Disputes are resolved. You agree that whenever you have a Dispute, you will send a written notice to Culver’s (“Demand”). You agree that the requirements of this paragraph will apply even to disputes that may have arisen before you accepted these Terms. You must send the Demand to the following address (the “Notice Address”): Legal Disputes, 1240 Water Street, Prairie du Sac, WI 53578. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within such 10 business days, the Dispute (1) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “Arbitrator”) and conducted before a sole arbitrator in accordance with the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this paragraph; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16 and the FAA applies in all cases, governs the interpretation and enforcement of the arbitration rules and arbitration proceedings and, to the maximum extent under applicable law, shall preempt application of state laws regarding arbitration, including without limitation, provisions of the California Arbitration Act governing the payment, or shifting, of fees or costs of arbitration and the availability of discovery.; (3) the arbitration shall be held in Madison, Wisconsin; (4) the arbitrator’s decision shall be controlled by these Terms and any of the other agreements referenced herein that the applicable user may have entered into; (5) the arbitrator shall apply Delaware law, without regard to its choice of law or conflict of law rules or principles that would result in applying the law of any other jurisdiction, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Culver’s Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Culver’s Entity; (8) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Culver’s or its designee will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the affected Culver’s Entity shall be required to arbitrate their dispute. If, for any reason, the American Arbitration Association is unable or unwilling to conduct the arbitration, you may file your case with any national arbitration company that will honor the requirements set forth above.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN 1 YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.