SMS Marketing and Privacy Policy
Oppenheimer Biotechnology, Inc. Text Messaging Terms & Conditions
Note: This Policy is for SMS Marketing Only - This does not supersede OBI’s Privacy Policy available .
Version 3.0 Effective Date; October 26, 2025
Please read these Text Messaging Terms & Conditions (the “Terms”) carefully. By signing up for one or more text message programs (“Programs”), or by submitting your telephone number or otherwise agreeing to receive text messages from or on behalf of Oppenheimer Biotechnology, Inc. , you agree to be bound by these Terms, Oppenheimer Biotechnology, Inc.’s TERMS OF USE, and any other applicable terms related to your use of Oppenheimer Biotechnology, Inc.’s services. At Oppenheimer Biotechnology, Inc. we value your privacy and make every effort to respect your wishes and personal information. In line with this commitment, we have established the following policy for the use of our SMS marketing service. Please read it carefully to understand how we collect, use, and manage your phone numbers.
PLEASE NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “DISPUTE RESOLUTION” SECTION, BELOW.By using, taking part in, and/or opting in to one or more Programs, you expressly consent to receive marketing and/or non-marketing text messages from Oppenheimer Biotechnology, Inc. and any and all others texting on Oppenheimer Biotechnology, Inc.’s behalf, including, but not limited to, its service partners, 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, at any and all hours of the day. 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.
Program DescriptionsAs set forth above, Oppenheimer Biotechnology, Inc. and/or its service providers and others may use an autodialer and/or related systems to deliver text messages (including, but not limited to, SMS and MMS) to the phone number(s) that you provide. Text messaging may include one-time or recurring texts related to, but not limited to, the following programs:• Marketing and Promotional Programs: By opting into a Oppenheimer Biotechnology, Inc. marketing Program, you can expect to receive recurring marketing, promotional, advertising, informational and other similar messages regarding sales, discounts, loyalty programs, reward certificates, abandoned cart reminders, and other offers, in varying frequencies at the mobile telephone number provided when opting in.• Service Appointments: You may provide your mobile telephone number to opt in to receive text messages about appointments, services, and/or reminders and updates related to same.• Order Tracking and Delivery Alerts: You may provide your mobile telephone number to opt in to receive text messages about your orders, shipments, and/or deliveries, and updates related to same.• On-Demand Text Message Reply Services: You may send a text requesting certain types of on-demand text message reply services from Oppenheimer Biotechnology, Inc., including but not limited to the following: text to receive a link to sign-up for loyalty programs, text to sign-up for email marketing programs, text to receive a link to save a coupon or similar item to your mobile telephone or digital wallet, text to download the Oppenheimer Biotechnology, Inc. Mobile App, or text to receive a link to enter or make entry to a sweepstakes. These text messages are not ongoing recurring Programs and therefore you will only receive the information you specifically request in reply.• Back in stock notifications: By opting into a Oppenheimer Biotechnology, Inc. Back in Stock alerts, you can expect to receive text messages pertaining to updates about when a product is, or will be, re-stocked.By participating in some or all of the programs, you understand, consent and agree that notifications (including but not limited to, for example, back in stock notifications) may be sent at any and all hours of the day, in order to notify you immediately or as quickly as possible of the relevant inquiry, notification, promotion, appointment, or other alert about which you inquired or signed up for.
How to Opt InTo opt in to a Program, please follow the instructions provided by the specific Program you wish to enroll in, such as through online or application-based enrollment forms or by texting a keyword to the five-digit short code associated with the Program (the “Short Code”), and completing the sign-up instructions found in the text message received. Upon your request to sign-up to a recurring Program, you will receive two (2) text messages as part of the process confirming your desire to opt-into the Program (first an opt-in request message, and once you have replied “Y” you will receive a sign-up confirmation message).
COLLECTION OF PHONE NUMBERSWe collect your phone numbers only when you voluntarily provide them to us, for example, during inquiries and sales transactions. You can opt in to receive these SMS in the checkout by checking your SMS sign-up and providing your phone number.
USE OF PHONE NUMBERS FOR SMS
You can text Oppenheimer Biotechnology, Inc. at 512.474.1016 for information regarding our products and services. By texting Oppenheimer Biotechnology, Inc., you agree to receive Conversational, Marketing, and Notifications) messages from Oppenheimer Biotechnology, Inc. Reply STOP to opt-out; Reply HELP for support; Message & data rates may apply; Messaging frequency may vary. Visit https://obio.com/other/privacy-and-cookies-policy2 to see our privacy policy.can text Oppenheimer Biotechnology, Inc. AT 512.474.1016 for information regarding our products and services. By texting Oppenheimer Biotechnology, Inc., you agree to receive Conversational and Notifications messages from Oppenheimer Biotechnology, Inc. Reply STOP to opt-out; Reply HELP for support; Message & data rates may apply; Messaging frequency may vary. Visit https://obio.com/other/privacy-and-cookies-policy2 to see our privacy policy.
SMS messaging charges may be applied by your carrier. We will only share your phone number with our SMS provider, subject to their privacy policy. We use Ring to send all SMS communications to users who have opted in. Please view Ring's privacy policy here https://ring.com/privacy-notice with information on how they use user information.
How to Opt OutIf you do not wish to continue participating in any Program, or no longer agree to these Terms, text the applicable Short Code or directly reply to any message received from a Program with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out of that Program at any time. You may receive an additional mobile message confirming your decision to opt out. You understand 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 Oppenheimer Biotechnology, Inc. and its service providers will have no liability for failing to honor such requests. You may be subscribed to multiple Programs across different Short Codes, and therefore you must separately text or reply STOP to each Short Code from which you wish to unsubscribe.
OPTING OUT OF MARKETING MESSAGESIf at any time you wish to stop receiving marketing SMS from us, you can opt out by-Texting STOP to opt-out to 512.474.1016-Texting UNSUBSCRIBE to opt-out to 512.474.1016-Texting CANCEL to opt-out to 512.474.1016-Texting QUIT to opt-out to 512.474.1016Please note that the opt-out process may take up to 5 business days to become effective. During this period, you may still receive some messages from us.
PRIVACY OF PHONE NUMBERSOnce you have opted out, we will not send you any more SMS messages, nor will we sell or transfer your phone number to another party.
Message FrequencyMessage frequency will vary depending on which Program(s) you sign up for. You may receive text messages, including but not limited to, when:• You are welcomed to the Program• An order has been placed or an appointment has been scheduled• An item or items have been shipped, is out for delivery, and/or when it arrives• An item or items are ready for in-store pick up• There are general marketing or promotions• An item comes back into stock• To remind you about items that were left in your cart
Oppenheimer Biotechnology, Inc. reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Oppenheimer Biotechnology, Inc. also reserves the right to change the short code or phone number from which messages are sent.
Duty to Notify and IndemnifyIf at any time, you intend to stop using the mobile telephone number that you have used to opt-in or enroll in any Program(s), including but not limited to, canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD OPPENHEIMER BIOTECHNOLOGY, INC. HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY OPPENHEIMER BIOTECHNOLOGY, INC. OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227) ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, AND ANY STATE OR FEDERAL EQUIVALENT LAW OR REGULATION THAT CONTAINS PROHIBITIONS ON THE SENDING OF TEXT MESSAGES, AND ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, RESULTING FROM OPPENHEIMER BIOTECHNOLOGY, INC. ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
CostsMessage 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, as set forth more fully in these terms.
Supported CarriersNot all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Oppenheimer Biotechnology, Inc., its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile USA.. Minor carriers: Indigo Wireless, MetroPCS, Bluegrass Cellular, Illinois Valley Cellular, Viaero Wireless, Pine Belt, GCI Communications, Nex Tech Communications, Shelcomm, Duet Wireless, Inland Cellular, James Valley Cellular (JVC), Standing Rock Telecom, Cross Wireless, Northwest Missouri Cellular, Alaska Communications Systems (ACS), Thumb Cellular, Carolina West Wireless, Union Telephone, MTPCS Cellular One (Cellone Nation), Cordova, Copper Valley Telecom, ASTAC, Rural Independent Network Alliance (RINA), West Central Wireless, Chat Mobility, SouthernLINC, Panhandle Wireless, Cellcom, Truphone, Google Voice, United Wireless, bandwidth.com (includes Republic Wireless), Altice Mobile, Atlantic Tele-Network International (ATNI), Brightlink, Inteliquent, Aerialink, Blue Wireless, Chariton Valley Cellular, Digital Communications Consulting, TextMe, Pioneer Cellular, East Kentucky Network (Appalachian Wireless), Limitless Mobile, Cellular One of N.E. Arizona, Nemont US UMTS, Nemont CDMA, MTA Wireless/Matanuska Kenai, Pine Cellular, Triangle Wireless, Telnyx, Enflick, C Spire Wireless (aka Cellular South),Virgin Mobile, Boost Mobile, United States Cellular Corp.
SupportTo request more information, text the keyword HELP to the Short Code for the Program about which you have questions. If you are experiencing any problems, please visit https://obio.com/contacts and submit the form with details about your problem or your request for support, or call 1-877-737-4672. Please note that the use of this phone number, or texting “HELP” to the Program’s Short Code is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. Text “INFO” for contact information of the sender, which is Oppenheimer Biotechnology, Inc. and can be reached at 1301 Leander Drive #803, Leander, Texas 78641 and 1-512.474.1016.
MMS DisclosureA Program Access or Delivery will send SMS (Short Message Service) messages if your mobile device does not support MMS (Multimedia Messaging Service) messaging.very to Mobile Network is Not GuaranteedThe 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 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 RequirementsYou 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.
EligibilityThe eligibility requirements are in Oppenheimer Biotechnology, Inc.’s TERMS OF USE, and any other applicable terms related to your use of Oppenheimer Biotechnology, Inc.’s services.
PrivacyWe respect your privacy.To view our privacy policy, please visit: https://www.Oppenheimer Biotechnology, Inc..com/privacy-policy
Governing LawThis Agreement shall be governed by the laws of the State of California, without reference to conflict of laws principles. Any suit to enforce this Agreement shall be brought exclusively in the State and U.S. District Courts located in San Francisco, California and the Parties hereby submit to the personal jurisdiction of such courts and waive any venue objection.
MiscellaneousYou 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 Program shall be subject to these Terms unless explicitly stated otherwise in writing. Oppenheimer Biotechnology, Inc. reserves the right to change these Terms from time to time without notice, and in its sole discretion. If Oppenheimer Biotechnology, Inc. decides to change these Text Messaging Terms & Conditions, Oppenheimer Biotechnology, Inc. will post a new version on the Sites and update the date set forth above.
ANY CHANGES OR MODIFICATIONS TO THESE TEXT MESSAGING TERMS & CONDITIONS, GUIDELINES OR RULES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED TEXT MESSAGING TERMS & CONDITIONS WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE.
ContactUnited States – Oppenheimer Biotechnology, Inc.This message program is a service of Oppenheimer Biotechnology, Inc., located at 1301 Leander Drive #803, Leander, Texas 78641 telephone 512.474.1016.
Dispute ResolutionIF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING PROVISIONS: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).
CHANGES TO THIS POLICYWe may periodically update this policy. We will notify you about significant changes in the way we treat your information by placing a prominent notice on our site. We thank you for your understanding and cooperation. If you have any questions or concerns about this policy, please feel free to contact us at (512)474-1016 or obiotech@obio.com or write us at Oppenheimer Biotechnology, Inc. 1301 Leander Drive #803, Leander, Texas 78641
CHANGES TO THIS POLICYWe may periodically update this policy. We will notify you about significant changes in the way we treat your information by placing a prominent notice on our site. We thank you for your understanding and cooperation. If you have any questions or concerns about this policy, please feel free to contact us at (512)474-1016 or obiotech@obio.com or write us at Oppenheimer Biotechnology, Inc. 1301 Leander Drive #803, Leander, Texas 78641