SMS/Text Messages Terms of Service
Use of the NeoStrata Company, Inc. (“Exuviance”) SMS/text message-based services (the “Service”) is subject to the following Terms of Service. These terms constitute a legal agreement (the “Agreement”). Please read them carefully.
1. Program Description: Exuviance will allow different opportunities, such as checking a box to receive marketing, promotional, or order tracking and delivery communications on our website or entering a phone number online, to opt-in to SMS/text messages services. The opt-in received could include, for example, 'TEXT EXU to 48391 to sign up to receive Notifications from Exuviance’.
2. How to opt-out: You can cancel, or opt-out of, the Service at any time. Just message "STOP" to 48391. After you send the SMS message "STOP" to us, we may send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.
3. Support: If at any time you forget what keywords are supported, just message "HELP" to 48391. After you send the SMS message "HELP" to us, we will respond with instructions about our Service as well as how to unsubscribe.
4. Carriers We Support: We are able to deliver messages to the following mobile phone carriers: AT&T, Sprint, T-Mobile, and Verizon Wireless. ***Carriers are not liable for delayed or undelivered messages***
5. Message Frequency & Charges; Customer Care: As always, message and data rates may apply for any messages sent to you from us and to us from you, and neither Exuviance nor its affiliates are liable for the cost of any such messages. You will receive recurring messages unless and until you opt out. The maximum number of messages you will receive can vary depending on the program for which you registered. Exuviance reserves the right to alter the frequency of messages sent at any time, and to increase or decrease the total number of sent messages. If you have any questions about your SMS plan or data plan, contact your wireless provider. For all questions about the Service provided by this short code, contact us at our Contact Us form or call us at 1-800-628-9904.
6. You understand that anyone with access to your mobile phone may be able to view the messages you receive when using the Service, and you agree that neither Exuviance nor its affiliates will be liable to you if this occurs.
7. You understand that you are not required to consent to receive SMS messages from us as a condition of purchasing or receiving any Exuviance product or service.
8. By agreeing to these Terms of Service and providing us with your mobile phone number when you opt into the Service, you expressly consent and authorize Exuviance to contact you by SMS message at your mobile phone number, including through the use of an automatic telephone dialing or similar system or device or any other equipment or technology.
9. If you have any questions regarding how we use personal information we collect from you, please read our Exuviance Privacy Policy.
10. This Agreement is governed by and will be construed in accordance with the laws of the State of New York, excluding any conflicts of law provisions.
11. Dispute Resolution. Any dispute, controversy or claim arising out of or related to this Agreement, or the interpretation, application, breach, termination or validity thereof, including any claim of inducement by fraud or otherwise, will be resolved by litigation in the state or federal courts of the State of New York.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, EACH PARTY HERETO WAIVES: (1) ITS RIGHT TO TRIAL OF ANY ISSUE BY JURY, (2) WITH THE EXCEPTION OF RELIEF MANDATED BY STATUTE, ANY CLAIM TO PUNITIVE, EXEMPLARY, MULTIPLIED, INDIRECT, CONSEQUENTIAL OR LOST PROFITS/REVENUES DAMAGES, AND (3) ANY CLAIM FOR ATTORNEY FEES, COSTS AND PREJUDGMENT INTEREST.