Hotpot Queen SMS Terms of Service

Last updated: 2026-04-19 Version: 1.0

1. Program Description and Consent

By providing your mobile number and opting in to the Hotpot Queen SMS program, you provide express written consent under the Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227) and the FCC’s implementing regulations (47 C.F.R. § 64.1200) to receive recurring autodialed and/or prerecorded marketing text messages from Nifty Napkin Inc, doing business as Hotpot Queen. Consent is not a condition of any purchase. You may withdraw consent at any time as described in Section 5.

2. What Messages We Send

The Hotpot Queen SMS program delivers the following categories of messages:

• Promotional and marketing messages — offers, discounts, promotions, and related content from Hotpot Queen. These messages are governed by these SMS Terms. Marketing messages are sent at a frequency of 2–4 promotional messages per month.
• Transactional and account messages — order confirmations, shipping notifications, delivery updates, account alerts, and similar operational communications. These messages are governed by our general terms and are not subject to these SMS Terms.
• Customer support replies — responses from our support team to your inquiries. These messages are not subject to these SMS Terms.

Message categories are determined based on the primary purpose of the message under applicable law. A message that contains both transactional and marketing content is treated as a marketing message subject to these SMS Terms. Transactional messages will not contain promotional offers or solicitations.

3. Message and Data Rates

Message and data rates may apply. Subscribers are responsible for any charges assessed by their mobile carrier in connection with participation in the SMS program. Hotpot Queen does not charge for marketing SMS messages, but standard carrier fees for text messaging apply.

4. Opt-In Mechanics

Hotpot Queen uses a double opt-in process via Klaviyo. The process works as follows:

1. You submit your mobile number at hotpotqueen.com.
2. You receive a confirmation SMS asking you to reply to confirm your subscription.
3. Messaging does not begin until you reply to the confirmation SMS with the requested response.
4. If you do not confirm, no marketing messages are sent to your number.

5. How to Opt Out

You may opt out of marketing SMS messages at any time:

• Reply STOP to any marketing SMS message. STOP keyword opt-outs are processed immediately at the carrier level. We will send a single confirmation text acknowledging your opt-out; that confirmation contains no marketing content and no promotional offers.
• Email privacy@hotpotqueen.com with your request. Include the mobile number you wish to opt out. Email opt-out requests are honored within ten (10) business days of receipt.

After you opt out, you may re-opt-in at any time by following the standard opt-in process described in Section 4.

6. Help

To request assistance with the SMS program, you may:

• Reply HELP to any marketing SMS message where supported by your carrier.
• Contact us by email at hello@hotpotqueen.com.

7. Supported Carriers and Carrier Disclaimer

Hotpot Queen’s SMS program supports major U.S. and Canadian carriers, including but not limited to: AT&T, Verizon, T-Mobile, Sprint (now part of T-Mobile), US Cellular, Boost Mobile, Cricket, Metro by T-Mobile, Rogers, Bell, and Telus.

This list is not exhaustive. Other carriers may be supported. Carriers are not liable for delayed or undelivered messages.

8. Eligibility

To participate in the SMS program, you must:

• Be at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater.
• Be the subscriber, authorized user, account holder, or regular and customary user of the mobile number you provide, as those terms are used in FCC TCPA guidance (including the FCC’s 2015 TCPA Omnibus Order).
• Represent and warrant that you are authorized to provide consent to receive messages at that number.
• Promptly notify us if you transfer or relinquish your mobile number, as described in Section 9.
• You acknowledge that providing a mobile number for which you are not the subscriber or customary user is a material breach of these SMS Terms and may result in immediate termination of your participation in the SMS program without further notice, without prejudice to any other remedies available to us under law.

9. Reassigned Numbers

If you transfer or relinquish your mobile number, you must opt out of the SMS program before doing so, as described in Section 5. Hotpot Queen is not liable for messages sent in good-faith reliance on your prior express written consent to a mobile number that has since been reassigned to another person.

Hotpot Queen, through its SMS service provider Klaviyo, checks the FCC’s Reassigned Numbers Database prior to sending marketing messages to the extent required under 47 C.F.R. § 64.1200(a)(4)(iv) and claims the safe harbor thereunder for messages sent in good-faith reliance on such checks.

10. Privacy

SMS-related information is processed in accordance with our Privacy Policy, available at https://hotpotqueen.com/policies/privacy-policy. Phone numbers collected through the SMS program are transmitted to and stored by Klaviyo, our SMS service provider, as described in the Privacy Policy.

Hotpot Queen retains records of your SMS opt-in consent — including the date, time, mobile number, method of consent, and opt-in confirmation — for not less than four (4) years from the date of your most recent message or opt-out, whichever is later. These records may be produced as evidence of consent in any TCPA or related proceeding.

11. Mandatory Binding Arbitration and Class-Action Waiver

11.1 Scope

Any claim, dispute, or controversy arising out of or relating to these SMS Terms, the SMS program, or the breach, termination, enforcement, interpretation, or validity thereof — including any claim that these SMS Terms or the SMS program are void or voidable, or any claim under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any similar federal or state law — is subject to individual binding arbitration instead of litigation in any court, except as provided in Sections 11.3 and 11.5.

Notwithstanding anything in this Section 11 to the contrary, nothing in this arbitration agreement waives any right under California law to seek public injunctive relief. Any claim for public injunctive relief, as defined in McGill v. Citibank, N.A. (2017) 2 Cal.5th 945, may be brought in any court of competent jurisdiction, and this carve-out is severable from the rest of Section 11 and survives any invalidation of other provisions herein.

Delegation. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. The JAMS rules referenced in Section 11.2 are incorporated by reference for purposes of this delegation, and this delegation constitutes a clear and unmistakable agreement to arbitrate gateway questions of arbitrability under Henry Schein, Inc. v. Archer & White Sales, Inc. (2019) 586 U.S. 63.

11.2 Arbitration Procedure

Arbitration is administered by JAMS under its Comprehensive Consumer Arbitration Rules and Procedures, available at jamsadr.com. If the amount in controversy is $250,000 or less and both parties consent, JAMS Streamlined Arbitration Rules may be used. The JAMS rules in effect at the time arbitration is initiated shall govern. JAMS Consumer Minimum Standards shall apply to the arbitration.

The arbitration is conducted in Spokane, Washington, except that a consumer may elect to conduct in-person proceedings in the state where they reside. Telephonic or video proceedings are permitted at either party’s election. The arbitrator’s award is final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

Arbitration fees. Hotpot Queen (Nifty Napkin Inc) will pay all JAMS filing, administrative, case management, and arbitrator fees for any arbitration initiated by a consumer under these SMS Terms, except that the consumer is responsible for the initial consumer filing fee required under JAMS Consumer Minimum Standards, not to exceed $250. Each party otherwise bears its own attorneys’ fees and costs unless the arbitrator awards fees or costs to a prevailing party under applicable statute (including the TCPA).

Mass arbitration. If one hundred (100) or more similar arbitration demands are filed against Hotpot Queen arising from the same or substantially similar facts or legal theories within any one hundred-twenty (120) day period, JAMS Mass Arbitration Procedures shall apply. The parties agree to cooperate in good faith on a bellwether schedule and batched administrative-fee arrangement as provided under those procedures.

11.3 Small-Claims Court Carve-Out

Either party may bring an individual claim in a small-claims court that has jurisdiction over the dispute, if the claim qualifies for small-claims proceedings in the customer’s state of residence, without first initiating arbitration.

11.4 Class-Action Waiver

ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. NO CLASS ACTIONS, COLLECTIVE ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR REPRESENTATIVE ACTIONS OF ANY KIND ARE PERMITTED. No consolidation of claims with other arbitrations or proceedings without the express written consent of all parties involved. THIS CLASS-ACTION WAIVER IS NON-SEVERABLE FROM THIS ARBITRATION AGREEMENT. If a court of competent jurisdiction holds that this class-action waiver is invalid or unenforceable as applied to a particular claim, then the entire arbitration agreement set forth in this Section 11 is void and unenforceable as to that claim, and that claim shall proceed in a court of competent jurisdiction. The remainder of these SMS Terms — all sections other than Section 11 — shall remain in full force and effect. The public-injunctive-relief carve-out set forth in Section 11.1 is severable from this waiver and survives independently.

11.5 Pre-Arbitration Informal Resolution

Before initiating arbitration, the disputing party must send written notice to legal@hotpotqueen.com with the subject line “SMS DISPUTE NOTICE” describing the claim and the relief sought. The parties will attempt to resolve the dispute in good faith for thirty (30) days from receipt of the notice. Completion of this informal resolution process is a condition precedent to initiating arbitration.

A valid dispute notice must include: (a) your full name and mobile number associated with the SMS program; (b) a description of the claim and the specific facts on which it is based; (c) the specific relief sought, including any damages amount; and (d) your email and mailing address for response.

11.6 Arbitration Opt-Out

You may opt out of the arbitration agreement set forth in this Section 11 by emailing legal@hotpotqueen.com with the subject line “SMS ARBITRATION OPT-OUT” within thirty (30) days of first opting in to the SMS program. Opting out of the arbitration agreement does not affect your right to participate in the SMS program or any other rights under these SMS Terms.

Hotpot Queen will acknowledge receipt of your arbitration opt-out request within five (5) business days. If you do not receive acknowledgment within that period, contact legal@hotpotqueen.com before the 30-day opt-out period expires to confirm your opt-out was received and processed.

11.7 Severability of Arbitration Agreement

If any provision of this Section 11 other than the class-action waiver in Section 11.4 is held to be invalid or unenforceable, that specific provision will be severed, and the remaining provisions of this Section 11 will continue in full force and effect.

12. Governing Law

These SMS Terms are governed by the laws of the State of Washington, without regard to its conflict-of-law principles, except that nothing in these SMS Terms limits a consumer’s statutory rights under the Telephone Consumer Protection Act, 47 U.S.C. § 227, the California Consumer Legal Remedies Act, the California Unfair Competition Law, or any other applicable state consumer-protection statute.

13. Changes to These Terms

We may update these SMS Terms from time to time. Changes to Sections 1–10 and 12–14 are effective on the date indicated by the Last updated line at the top of these SMS Terms; your continued participation in the SMS program after that date constitutes acceptance.

Changes to Section 11 (Mandatory Binding Arbitration and Class-Action Waiver) require your affirmative re-consent. We will notify you via SMS of any proposed change to Section 11, and you will be given at least thirty (30) days to accept the revised terms. If you do not accept, your existing dispute-resolution terms under the prior version of Section 11 shall continue to apply to claims arising from facts occurring before the effective date of the revised terms.

We will provide advance notice via SMS of any material change to these SMS Terms.

14. Contact

For privacy questions, SMS program questions, opt-out requests, or dispute notices, contact:

Nifty Napkin Inc (DBA Hotpot Queen)

Mailing address: 522 W Riverside Ave Ste 8149, Spokane, WA 99201

Privacy and marketing-SMS opt-out requests: privacy@hotpotqueen.com

Dispute and legal notices: legal@hotpotqueen.com

General inquiries: hello@hotpotqueen.com