Mobile Terms of Service
Last updated: July 16, 2026
The Fortune Fish & Gourmet mobile message service (the “Service”) is operated by Fortune (“Fortune”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE DISPUTE RESOLUTION SECTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, GOVERNING LAW, AND VENUE) INCLUDED BELOW, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICE.
By consenting to Fortune’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Fortune through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. While you consent to receive messages sent using an automated technology, these terms shall not be interpreted to suggest or imply that Fortune (or its service providers) sends any or all of our text messages using an automatic telephone dialing system (or other automated technology) as defined under applicable laws. The Service provides messages and updates related to your orders and deliveries. By using the Service, you consent to receiving these messages. Deliveries can come outside of business hours, so you consent to receiving messages at any time of day or night.
You understand that you do not have to sign up for this program to make any purchases, and your consent is not a condition of any purchase with Fortune. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP in reply to any message or to ++1 475 832 3581 , or click the unsubscribe link (where available) in any text message to cancel You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless you reactivate the Service. If you have subscribed to other mobile message programs from Fortune or our affiliates and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number for which you are the account holder or an authorized user. If you get a new mobile number, you will need to sign up for the program with your new number. You should also send STOP from your prior number before relinquishing it. Failure to notify Fortune or to opt-out of the texting program prior to changing your phone number constitutes a material breach of these Terms.
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. The Services 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. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Fortune’s control, and Fortune is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages). To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We may suspend or terminate your receipt of Fortune text messages if we believe you are in breach of these Mobile Terms. Your receipt of Fortune text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Fortune reserves the right to modify or discontinue, temporarily or permanently, all or any part of Fortune text messages, with or without notice.
To see how we collect and use your personal information, please see our Privacy Policy.
DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, GOVERNING LAW, AND VENUE)
Please read this section carefully. It affects your legal rights. It provides for the resolution of most claims, disputes, or controversies that arise between you and the Fortune Entities (defined below) through individual arbitration instead of in court. 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 section also contains a jury trial waiver, governing law and venue provisions, and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general, or representative action in arbitration or litigation to the fullest extent permitted by applicable law. For purposes of this Dispute Resolution section, “we” and “our” refer to the Fortune Entities (defined below).
This Dispute Resolution section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Fortune agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Dispute Resolution section can only be amended by mutual agreement.
Arbitration Agreement
You and Fortune agree that, to the maximum extent permitted by applicable law, any claim, dispute, or controversy (whether based in contract, tort, statute, fraud, or otherwise) between you and Fortune, its past, present, and future parent, subsidiaries, or affiliated entities, or any of their respective officers, directors, employees or agents (all such individuals and entities individually or collectively referred to herein as the “Fortune Entity” or “Fortune Entities”) arising in whole or in part out of or relating in any way to the Service, these Mobile Terms, any products or services ordered through the Service, or your relationship with Fortune (“Dispute”) will be resolved in individual arbitration with limited exceptions in accordance with the provisions set forth below.
Either you or we may elect to have a Dispute heard in small claims court so long as it proceeds individually and is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for a court of competent jurisdiction to decide unless you and we agree otherwise.
Dispute shall be interpreted broadly and include, but not be limited to: (i) any claim, dispute, or controversy that arose before the existence of these or any prior version of these Mobile Terms (including, but not limited to, claims relating to advertising); (ii) any claim, dispute, or controversy that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (iii) any claim, dispute, or controversy that may arise after termination of these Mobile Terms. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property.
The arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (i) issues that are reserved for a court in these Mobile Terms; (ii) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, jury trial waiver, governing law and venue, or any of the provisions of this Dispute Resolution section; and (iii) issues that relate to the arbitrability of any Dispute.
The Mobile Terms and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these Mobile Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and federal arbitration law (not state arbitration law).
Mandatory Pre-Arbitration Informal Dispute Resolution
Should a Dispute arise between you and the Fortune Entities, the party asserting the Dispute will first send written notice to the other party that includes all of the following information: (i) contact information (including name, address, email address, and telephone number); (ii) a detailed description of the nature and basis of the Dispute and any claims; (iii) a detailed description of the relief sought, including a good faith calculation for it; and (iv) information sufficient to identify any Fortune account and transaction at issue (the "Notice"). The Notice must be personally signed by the party asserting the Dispute (and counsel, if represented).
Your notice must be sent to Fortune Legal Disputes, 1068 W. South Thorndale Avenue Bensenville, IL 60106 (the “Notice Address”). Our notice to you must be sent to the most recent contact information we have on file for you.
For a period of sixty (60) days after receipt of a completed Notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the Notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Fortune Entity representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the sixty (60)-day period.
Compliance with this mandatory pre-arbitration informal dispute resolution process is required and a condition precedent to initiating arbitration. Any applicable limitations periods (including statutes of limitations) and filing fee deadlines will be tolled from the date of receipt of a completed Notice through the sixty (60)-day period (which can be extended by agreement of the parties). If the sufficiency of a Notice or compliance with this process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this process in arbitration. You or we may commence arbitration only if the Dispute is not resolved through this process.
Arbitration Procedures
The arbitration shall be administered by JAMS and conducted before a single, neutral arbitrator in accordance with the applicable JAMS Comprehensive Arbitration Rules & Procedures, including the JAMS Consumer Arbitration Minimum Standards (as applicable) (“JAMS Rules”), as modified by this arbitration agreement. The JAMS Rules and a form for initiating arbitration proceedings are available on the JAMS website at: https://www.jamsadr.com/rules-comprehensive-arbitration/.
If JAMS is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so.
An arbitration demand must be accompanied by a certification of compliance with the mandatory pre-arbitration informal dispute resolution process and be personally signed by the party initiating arbitration (and counsel, if represented). If you are submitting an arbitration demand, you shall send it to the Notice Address referenced above and follow the JAMS Rules for initiating arbitration. If we are submitting an arbitration demand, we shall send it to the most recent contact information we have on file for you and follow the JAMS Rules for initiating arbitration. By submitting an arbitration demand, the party and counsel represent that, as in federal court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.
You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. Each party retains the right to request a hearing in any matter from the arbitrator. You and a Fortune Entity representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location.
An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding.
An arbitrator must follow and enforce these Mobile Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.
The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
Costs of Arbitration
Payment of arbitration fees will be governed by the JAMS Rules. However, if the arbitrator finds that either party’s claim is frivolous, groundless, or brought for an improper purpose, the other party may seek reimbursement of all fees paid and the arbitrator may, in the arbitrator’s discretion, award attorneys’ fees to such other party. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we (and counsel, if represented) may elect to engage with JAMS regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
Additional Procedures for Mass Arbitration
You and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration. If, at any time, 25 or more claimants (including you) seek to file demands for arbitration raising similar claims against any Fortune Entity with the same or coordinated counsel or are otherwise coordinated ("Mass Arbitration"), these provisions shall apply. You and we agree that throughout this process, the parties' counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Arbitration and to engage with JAMS to address threshold administrative issues. You acknowledge and agree that by electing to participate in a Mass Arbitration, the adjudication of your Dispute might be delayed and ultimately proceed in court as set forth below.
If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to JAMS until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
Stage One: Counsel for the claimants and counsel for the Fortune Entity shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. The number of claims to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 claims, all shall proceed individually in Stage One). Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. After this initial set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a mediator jointly selected by counsel for the parties and we will pay the mediator's fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for the Fortune Entity shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. The number of claims to be selected to proceed in Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 100 claims, all shall proceed individually in Stage Two). Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a mediator jointly selected by counsel for the parties and we will pay the mediator's fee.
Upon the completion of the mediation set forth in Stage Two, each remaining claim (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Mobile Terms including the other provisions of this Dispute Resolution section. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining claims in individual arbitrations consistent with the process set forth in Stage Two (except claims shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. Counsel for the parties may request that the Process Arbitrator address procedures to streamline the adjudication of additional claims in arbitration.
A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere Disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the procedures set forth herein are followed. The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable (and any appeals have been exhausted), then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Mobile Terms, including the remaining provisions of this Dispute Resolution section.
Future Changes to Arbitration Agreement
If we make any future changes to this arbitration agreement (other than a change to our Notice Address), you may reject any such change by sending a personally signed, written letter to the Notice Address within thirty (30) calendar days of the changes with a clear statement that you wish to opt-out of changes to the arbitration agreement. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and the Fortune Entities in accordance with this version of the arbitration agreement.
Opting Out of Arbitration and Class Action Waiver
If you are not already bound to an arbitration provision with Fortune relating to these Mobile Terms or the Service where you had the opportunity to opt out of the requirement to arbitrate, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. If you are already bound to such an arbitration provision relating to your use of the Service, you may opt out of any revisions to your prior arbitration agreement made by this Agreement to Arbitrate in the manner specified below, but opting out of such revisions shall otherwise have no effect on any previous, other, or future arbitration agreements that you may have with Fortune.
The Opt-Out Notice must be postmarked no later than 30 days after the date you receive notice of this Agreement to Arbitrate. You must mail the Opt-Out Notice to the Notice Address. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and email address. You must personally sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. Opting out of the Agreement to Arbitrate will not affect the applicability of any other terms or agreements you may have with Fortune.
Class Action Waiver and Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.
Governing Law and Venue
Except with respect to the arbitration agreement (which is governed by the FAA and federal arbitration law as set forth above), these Mobile Terms are governed by the laws of the State of Illinois , without regard to Illinois conflict of laws rules. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, or for any issues reserved for a court in these Mobile Terms, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Du Page, Illinois. You waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.
Injunctive Relief
The foregoing provisions of this Dispute Resolution section will not apply to any legal action taken by Fortune to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, and/or Fortune’s intellectual property rights (including such we may claim that may be in dispute), Fortune's operations, and/or Fortune's products or services.
Limited Time to File Claims
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE PURSUANT TO THIS DISPUTE RESOLUTION SECTION TO THE OTHER PARTY) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES—OR IT WILL BE FOREVER BARRED.
Severability
If any provision or portion thereof set forth in these Mobile Terms is found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision.
Termination
Notwithstanding any of these terms and conditions, these Mobile Terms may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Service after these Mobile Terms have been terminated. The sections of these Mobile Terms entitled Disclaimer of Liability; Dispute Resolution (including Arbitration Agreement, Class Action Waiver and Jury Trial Waiver, Governing Law and Venue); and Severability shall survive any termination of these Mobile Terms.
