• BABOR will generally send messages between 8:00 a.m. and 9:00 p.m. in your local time zone, unless applicable law permits otherwise.
• Message and data rates may apply. Please check your mobile plan for details.
• Nothing in these Messaging Terms waives your rights under federal or state telemarketing laws, including the Telephone Consumer Protection Act and Do Not Call rules.
4. Supported Devices and Carriers
Not all mobile devices, handsets, or carriers are supported, and messages may not be deliverable in all areas. Messages may not be deliverable if you add digits or symbols to our phone number. BABOR, its service providers, including Klaviyo, and the mobile carriers supported by this program are not liable for delayed or undelivered messages.5. How to Opt OutYou may cancel at any time by texting the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to the number from which you receive our messages. Keywords are not case-sensitive, and a message that contains one of these keywords anywhere in it (for example, "please stop sending me texts") will also be treated as an opt-out. After you send an opt-out keyword, you will receive one additional message confirming that your request has been processed. You will not receive further marketing text messages from this program unless you opt in again. To opt back in, text START or UNSTOP to our number, or text JOIN and reply YES or Y to the confirmation message.You may also revoke your consent by any other reasonable means, for example by replying with a message that expresses your intent to stop receiving messages, such as "remove me" or "do not contact". BABOR will process such requests within 10 business days. Opt-out requests are processed automatically where possible; BABOR and its service providers will not be liable for failing to honor requests that cannot reasonably be identified as opt-out requests.If you opt out of one BABOR text message program, you may continue to receive text messages from other BABOR programs you have joined until you separately opt out of those programs.6. HelpText the keyword HELP to our number to receive customer care contact information for messaging support. You can also contact BABOR Customer Support: phone +1-800-333-4055 (Mon-Fri, 8:30 a.m. - 5:30 p.m. EST); text +1-207-309-8665 (Mon-Fri, 8:30 a.m. - 5:30 p.m. EST); or email [email protected].7. Changes to the ProgramBABOR reserves the right to change the phone number or short code from which messages are sent. We will notify you when we do so. We may update these Messaging Terms from time to time. The updated version will be published with a revised "Last updated" date.8. PrivacyInformation you provide in connection with this program is handled in accordance with the BABOR SMS Privacy Policy and the BABOR Privacy Policy. Please review them to understand how we and Klaviyo collect, use and share your information. You also agree to the BABOR Terms of Use.9. Previously Opted-In SubscribersIf you opted in to BABOR text messages before we migrated our program to Klaviyo, your consent remains in effect under these Messaging Terms, and you will continue to receive messages from BABOR unless you opt out. These Messaging Terms replace the previous BABOR messaging terms that referred to Attentive Mobile Inc. You may opt out at any time as described in Section 5.10. ContactThis message program is a service of BABOR COSMETICS AMERICA CORP., 2999 NE 191st St Unit 404, Aventura, Florida 33180, USA. Customer Support: phone +1-800-333-4055 (Mon-Fri, 8:30 a.m. - 5:30 p.m. EST); text +1-207-309-8665 (Mon-Fri, 8:30 a.m. - 5:30 p.m. EST); email [email protected].11. Dispute Resolutiona. General. In the interest of resolving disputes between you and BABOR in the most expedient and cost effective manner, you and BABOR agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from BABOR or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from BABOR or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND BABOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.b. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or BABOR to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.c. Arbitrator. Any arbitration between you and BABOR will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting BABOR. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.d. Notice; Process. If you or BABOR intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). BABOR address for Notice is: 2999 NE 191st St Unit 404, Aventura, Florida 33180, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and BABOR will make good faith efforts to resolve the claim directly, but if you and BABOR do not reach an agreement to do so within 30 days after the Notice is received, you or BABOR may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or BABOR must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.e. Fees. If you commence arbitration in accordance with these Messaging Terms, BABOR will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse BABOR for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and BABOR agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or BABOR made within 14 days of the arbitrator's ruling on the merits.f. No Class Actions. YOU AND BABOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BABOR agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.g. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if BABOR makes any future change to this arbitration provision, other than a change to BABOR address for Notice, you may reject the change by sending us written notice within 30 days of the change to BABOR address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and BABOR.h. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.12. Governing TermsThese Messaging Terms apply to the BABOR text messaging program only. If there is a conflict between these Messaging Terms and the BABOR Terms of Use with respect to text messages, these Messaging Terms will prevail.13. Acceptable Use of Our MessagesOur text messages are delivered through Klaviyo, Inc., and BABOR's use of this program complies with Klaviyo's Acceptable Use Policy, available at www.klaviyo.com/legal/acceptable-use-policy. In particular, BABOR will not:• send text messages to anyone who has not consented to receive them or who has opted out;
• direct this program to children under 13, or knowingly send text messages to or collect information from them;
• request or store health information, Social Security numbers or other government identification numbers, or financial account information through text messages;
• send content that is false, misleading, deceptive, or fraudulent;
• obscure or prevent your ability to opt out.
If you believe a message from BABOR does not comply with these Messaging Terms, please contact BABOR Customer Support using the details in the Contact section of these Messaging Terms.