Messaging Terms & Conditions
Last Updated:July 28, 2026
Velour Beauty Messaging Terms & Conditions
Velour Cosmetics ULC (hereinafter, "Velour Beauty," "We," "Us,"
"Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to
these Mobile Messaging Terms and Conditions (the “Agreement”) and Messaging Privacy Policy.
By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions outlined in this Agreement, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below.
In arbitration there is less discovery and appellate review than in court. Please review carefully.
By opting in to or participating in any of our Programs, you represent and warrant that you do so because of a genuine desire to receive discounts, promotions, and other news or information from Us and not because of a desire or intent to initiate litigation or bring fabricated or fraudulent legal claims against any party. Your good-faith participation in the Program, and the consequences of asserting fraudulent, bad-faith, or frivolous claims, are addressed in Section 16 (Good-Faith Participation; Remedies for Fraudulent or Bad-Faith Claims) below.
This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and
Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.
1. User Opt In.
a. Consent to Receive Recurring Automated Messages. You agree
to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (including cart reminders) from Velour Beauty, including messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply.
Message frequency varies.
b. No Time of Day Restrictions. While efforts are made to limit the
delivery of messages outside of reasonable hours for most consumers, you understand and agree that We do not have the ability to target messages based
on geographic location because federal law and privacy concerns prevent a
consumer’s real-time location data from being shared with Us or our vendors by
your wireless carrier. Further, technical issues, such as network congestion or
your phone being disconnected from your wireless service, can result in
messages being delivered at unexpected times. Therefore, you agree that your
consent to receive marketing text messages includes consent to the delivery of such messages 24-hours per day. To the maximum extent permitted by applicable law, your consent supersedes any state or federal regulation that might
otherwise restrict the delivery of such messages and you waive any such claims.
c. Consent to Receipt of Electronic
Information and E-Sign. Notwithstanding
anything herein to the contrary, you understand that applicable law may require Us to provide certain information to you in writing in connection with any
consent to receive advertising and telemarketing messages. By opting-in to Our messaging program, you authorize Us to provide this information to you
electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper
copy of the information by emailing us at help@velourbeauty.com. You
understand that to access and retain a copy of this webpage, you will need: (i)
a device (such as a computer or mobile phone) with a web browser and Internet
access; and (ii) available storage space on that device to download a copy of
this webpage or to a connected printer to print a copy of this webpage.
d. Disclosure of Data and Receipt of One Time Messages to Identify Device and Prevent Fraud. You authorize the use or disclosure of information about your account and your wireless device, if available, by or to your wireless carrier, Velour Beauty or Our service provider(s), including Stodge Inc. dba Postscript, to help identify you or your wireless device when you opt-in to receive text messages from any Postscript customer and to
endeavor to detect and prevent fraud. Further, you consent to the transmission
of one-time passcodes or other messages to confirm your intent to subscribe to our recurring message program. See our Messaging Privacy Policy for how we treat your data.
2. User Opt Out. If you do not
wish to continue participating in the Program or no longer agree to this
Agreement, you agree to reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. To the maximum extent permitted by law, You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE or QUIT keyword commands, such as the use of
different spellings or the addition of other words or phrases to the command,
and agree that Velour Beauty and its service providers will not have liability
for failing to honor requests that are designed to circumvent the automated
opt-out processes described above. The keyword commands set forth above are Our
designated and preferred methods of opting out. Except to the extent applicable law requires Us to honor a revocation of consent communicated through any other reasonable means, other methods of opting out, including, but not limited to, texting words other than those set forth above, sending a hard copy letter to our office, or verbally requesting one of our employees to remove you from our list, are not the preferred methods of opting out and may result in delayed processing. Our Messaging Do Not Call Policy is attached to this Agreement as
Appendix A.
3. Other Terms and Policies. You
also agree to our Messaging Privacy Policy.
4. Program Description: Without
limiting the scope of the Program, users that opt into the Program can expect
to receive messages concerning the marketing, promotion, payment, customer
support, delivery (including order confirmations, tracking information, and
shipping updates via email), other transactional-related messages and sale of goods and services. Messages may include checkout reminders.
5. AI-Generated Message Content: You
are advised that from time to time We may utilize certain generative artificial
intelligence (AI) services provided by third-parties to develop or suggest the
content of messages that we choose to send to you. This may include
AI-generated voices. Some of these messages may be tailored to your interests based on information available to Us. By enrolling and remaining in the
program, You agree to the use of AI and further that Our use of these AI
services does not make those third-parties either senders or initiators of the
messages or otherwise responsible for the messages.
6. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are
sent.
7. Support Instructions. For
support regarding the Program, text "HELP" to the number you received
messages from or email us at help@velourbeauty.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
8. RCS and MMS Disclosure. The
Program may send SMS or MMS messages if your mobile device does not support RCS. The Program will send SMS messages if your mobile device does not support MMS messaging.
9. Our Disclaimer of Warranty. The
Program is 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 this Program. Delivery of mobile messages is subject to
effective transmission from your wireless service provider/network operator and
is outside of Our control. Carriers are not liable for delayed or undelivered
mobile messages.
10. Supported Devices. The Program
is offered on an "as-is" basis. Not all mobile devices or handsets
may be supported and our messages may not be deliverable in all areas. Velour
Beauty, its service providers and the mobile carriers supported by the program
are not liable for delayed or undelivered messages.
11. Contact. This Program is a service of Velour Beauty, located at 1133 Westchester Ave, White Plains NY 10604, US.
12. Age Restriction: You may
not use or engage with the Program if you are under eighteen (18) years of age.
By using or engaging with the Program, you also acknowledge and agree that you
are permitted by your jurisdiction’s applicable law to use and/or engage with
the Program. If we have reason to believe that you are under eighteen (18)
years of age, we reserve the right to remove you from the Program.
13. Prohibited Content: You
acknowledge and agree to not send any prohibited content over the Program.
Prohibited content includes:
· Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or
stalking activity;
· Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality,
disability, sexual orientation, or age;
· Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
· Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
· Anym content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act
("HIPAA") or the Health Information Technology for Economic and
Clinical Health Act ("HITECH" Act); and
· Any other content that is prohibited by applicable law in the jurisdiction from
which the message is sent.
14. State Telemarketing Laws & Residency: To the extent the law is relevant and applicable
to the Program, we endeavor to comply with applicable state telemarketing laws,
including, but not limited to, the Florida Telemarketing Act and Florida Do Not
Call Act, the Oklahoma Telephone Solicitation Act of 2022, the Maryland Stop the Spam Calls Act of 2023, New Jersey’s Senate Bill 921 (2023), and the
Virginia Telephone Privacy Protection Act. For purposes of compliance with
federal and state laws, you agree that we may assume that you are a resident of
a particular state if, at the time of opt-in to the Program, the area code for
the phone number used to opt-in to the Program is an area code associated with
that state. Further, You agree that You will not assert that you are a resident
of a state other than the state applicable to your area code unless you
affirmatively advise us in writing that you are a resident of a specific state
by sending written notice to us. You further agree that any mobile messages
sent by Us in direct response to mobile messages or requests from You
(including but are not limited to response to Keywords, opt-in, help or stop
requests and shipping notifications) shall not constitute a “commercial
telephone solicitation phone call”, “telephonic sales call”, “telemarketing sales
call”, “telephone solicitation”, or “unsolicited telemarketing sales call” for
purposes of federal and state laws, to the extent the law is otherwise relevant
and applicable.
15. Subscribers Located in Texas: Insofar
as Texas law applies to your receipt of one or more text messages, and for
purposes of applying Texas Business & Commerce Code Sections 302.058 and
302.059, the parties agree to the following construction. First, the word
“customer” shall be interpreted in a manner consistent with the broadest
dictionary definition and common usage. Customer shall not be interpreted to
require the purchase of a product or service. Second, the word “establishment”
shall be interpreted in a manner consistent with the broadest dictionary
definition and common usage. Establishment shall not be interpreted to require the operation of a physical store, but rather shall include establishments that sell goods and services through an online store.
16. Good-Faith Participation; Remedies for Fraudulent or Bad-Faith Claims.
a. Good-Faith Representations. When
you opt in to, and while you remain enrolled in, any Program, you represent,
warrant, and agree, on an ongoing basis, that: (i) you are the subscriber or a
customary, authorized user of each mobile number you enroll; (ii) the
information you provide, including your identity and your consent to receive
messages, is true, accurate, and not misleading; (iii) you are enrolling
because you genuinely wish to receive messages from the Program, and not for
the purpose, in whole or in part, of soliciting, manufacturing, fabricating, or
initiating any claim, demand, or litigation; and (iv) you will use the opt-out,
HELP, and consent-revocation mechanisms described in this Agreement in good
faith and as they are actually described, and you will do so promptly upon no
longer desiring to receive messages from the Program.
b. Prohibited Conduct. You agree
that you will not, and will not assist any other person to: (i) enroll a number
under false pretenses, or misrepresent your identity, your authority over a
number, your consent, or whether or when you revoked consent; (ii) use any
device, software, number-spoofing, mail-drop, automated routine, or other
artifice designed to generate, multiply, or fabricate messages, opt-outs, or evidence in order to create or inflate a claim; or (iii) participate in, or interact
with, a Program as part of a scheme or pattern intended to manufacture a claim,
demand, or lawsuit, including under the Telephone Consumer Protection Act
(TCPA) or any analogous federal, state, or local law.
c. Remedies for Fraudulent, Bad-Faith, or Frivolous Claims. If, in any Dispute between you and Us (or a
service provider acting on Our behalf), the arbitrator or, where applicable, a
court finds, or it is otherwise established by clear and convincing evidence,
that (i) a claim or demand you asserted was based on a material breach of
Section 16(a) or Section 16(b); (ii) a claim or demand you asserted was
frivolous, lacked substantial justification, or was brought or maintained in
bad faith or for an improper purpose, including within the meaning of the certification
and sanctions provisions of Section 16; (iii) you assert a putative class
action with the intention of increasing settlement leverage rather than an
objectively reasonable basis to represent and certify a class under the
applicable legal standard; or (iv) your participation in the Program was
procured through fraud or material misrepresentation, then you agree to
reimburse Us and any affected service provider for the reasonable attorneys’
fees, expert fees, and costs incurred in defending against, and in establishing
the fraudulent, bad-faith, or frivolous character of, that claim. This
obligation applies whether the claim is asserted as a claim, counterclaim, or
cross-claim, and survives any voluntary dismissal or withdrawal of the claim.
d. Indemnification. You
shall indemnify, defend, and hold harmless Us and Our service providers from and against any losses, liabilities, damages, costs, and expenses (including
reasonable attorneys’ fees) arising out of or relating to your breach of Section
13, Section 16(a) or Section 16(b). The parties expressly intend that this
indemnification applies both to claims brought by third parties and to claims,
demands, and actions between you and Us (or Our service providers), and that it
includes attorneys’ fees and costs incurred in an action or proceeding between
the parties to enforce this Agreement or to defend a claim covered by Section
16(c).
e. Preservation of Rights; Construction. This Section is not intended to, and shall not
be construed to, waive, limit, or penalize the good-faith exercise of any right
under the TCPA or any other law, or to exempt Us from liability for Our own
violation of law. The remedies in this Section are available only upon the
findings described above and only as to fraudulent, bad-faith, or frivolous
conduct. To the extent, and only to the extent, that applicable law requires a
contractual attorneys’-fee provision to be construed as reciprocal, this Section
shall be so construed with the same limitations. If any portion of this Section
is held unenforceable, it shall be limited or severed to the minimum extent
necessary, and the remainder shall remain in full force and effect.
17. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver).
Our Customer Service Specialists are ready to assist you and address your concerns—email us
at: help@velourbeauty.com.
THIS SECTION
LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS,
COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION,
AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR
VELOUR BEAUTY WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE
AVAILABLE IN ARBITRATION.
Binding Individual Arbitration: In
the event that there is a dispute, claim, or controversy between you and Us, or
between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory
claims, common law claims, this Agreement, or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of the scope or
applicability of this agreement to arbitrate (“Dispute”), such Dispute will be,
to the fullest extent permitted by law and applicable rules, determined by
arbitration before one arbitrator, provided, however, that no party shall be
precluded from seeking remedies in small claims court for disputes or claims
within the scope of its jurisdiction. Whether a Dispute falls within the
jurisdictional limits of small claims court is for the small claims court to
decide. This clause shall not preclude parties from seeking provisional
remedies in aid of arbitration from a court of appropriate jurisdiction.
Dispute will be given the broadest possible meaning permitted by law. It includes, but is not
limited to: (a) any dispute or claim that arose before the existence of these
or any prior terms and conditions (including, but not limited to, claims
relating to advertising); (b) any dispute or claim that is currently the
subject of a purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after
termination of this Agreement and our relationship with you and Stodge Inc.
d/b/a Postscript or any other third-party service provider acting on Our
behalf. Dispute, however, does not include disagreements or claims concerning
patents, copyrights, trademarks, trade secrets, or other intellectual property,
and claims of piracy or unauthorized use of intellectual property. The
arbitrator shall decide all issues that relate to the scope, validity, and
enforceability of the Agreement. You and Velour Beauty agree that this
Agreement evidences a transaction in interstate commerce and that this
arbitration agreement will be interpreted and enforced in accordance with the
Federal Arbitration Act and U.S. federal arbitration law and not state
arbitration law.
Your Right to Opt Out of Arbitration. You
may opt out of the agreement to arbitrate within thirty (30) days after you
first opt in to the Program. To opt out, send written notice stating that you
wish to opt out of the arbitration agreement, together with your name and the
mobile telephone number at issue, by email to help@velourbeauty.com. If
you do not opt out within thirty (30) days, you and Velour Beauty will be bound
to resolve Disputes through binding individual arbitration as set forth in this
section.
Mandatory Informal Dispute Resolution Process. If you and Velour Beauty have a Dispute, you and
Velour Beauty agree to make a good faith effort to informally resolve it. The
party initiating the Dispute must send a written notice to the other party that
describes the Dispute. The notice must include all of this information: (a) the
initiating party's contact information (including name, address, telephone
number, and email address) (with their counsel's contact information, if
represented); (b) sufficient information to enable the other party to identify
any phone number(s), transaction(s), or account(s) at issue; and (b) a detailed
description of (1) the Dispute, (2) the nature and basis of the claims, and (3)
the nature and basis of the relief sought, with a detailed calculation for such
relief. The notice must be personally signed by the party initiating the
Dispute (and their counsel, if represented).
If you have a Dispute with us, you must send this notice, including all of the information
referenced above, by email to: help@velourbeauty.com or by mail to:
1133 Westchester Ave, White Plains NY 10604, US. If we have a Dispute with you,
we will send this notice, including all of the information referenced above, to
you at the most recent contact information we have on file for you or, if we do
not have a mailing address on file, you authorize us to text you at the phone
number we have available to seek your mailing address.
For a period of sixty (60) days from receipt of a completed notice (which can be extended by
agreement of the parties), you and we (and counsel, if you and we are
represented) agree to negotiate in good faith in an effort to informally
resolve the Dispute. To this end, the party receiving the notice may request a
telephone or video settlement conference to aid in the resolution of the
Dispute. If such a conference is requested, you and a Velour Beauty
representative will personally attend (with counsel, if you and we are represented).
The conference will be scheduled for a mutually convenient time, which may be
outside of the 60-day period.
If the Dispute
is not resolved within sixty (60) days after receipt of a completed notice
(which period can be extended by agreement of the parties), you or Velour
Beauty may commence a formal dispute resolution proceeding consistent with the
process set forth below. Compliance with and completion of this
Mandatory Informal Dispute Resolution Process ("Process") is a
condition precedent to you or Velour Beauty commencing any formal dispute
resolution proceeding in arbitration or small claims court. All applicable
limitations periods (including statutes of limitations) will be tolled from the
date of receipt of a completed notice through the conclusion of this Process. 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 at either party's election, and
any formal dispute resolution proceeding shall be stayed pending resolution of
the issue. A court of competent jurisdiction shall have the authority to
enforce this condition precedent to arbitration, which includes the power to
enjoin the filing or prosecution of a demand for arbitration. Nothing in this
section limits the right of a party to raise the sufficiency of a notice or
compliance with this Process or to seek damages for non-compliance with this
Process in arbitration, including with a Process Arbitrator. You or we may
commence arbitration only if the Dispute is not resolved through compliance
with this Process.
Arbitration Generally; Relief Available. There
is no judge or jury in arbitration, and court review of an arbitration award is
limited pursuant to the FAA. However, an arbitrator can award on an individual
basis the same damages and relief as a court (including injunctive and
declaratory relief or statutory damages), and must follow the terms as a court
would. For the avoidance of doubt, the arbitrator can award public injunctive
relief if authorized by law and warranted by the individual claim(s).
Arbitration Proceedings and Rules, Including Provisions Governing Mass Arbitrations. The following rules and procedures
shall apply:
· Any arbitration will be administered by New Era ADR in accordance with their
Virtual Expedited Arbitration Rules and Procedures, as well as any applicable
General Rules and Procedures, except as modified by this Agreement. New Era
ADR’s Virtual Expedited Arbitration Rules and Procedures and General Rules and
Procedures are both available at www.neweraadr.com/rules-and-procedures/. Please review these procedures carefully
because they may impact how your complaint is handled and these procedures
differ from those that would otherwise apply if you elected to pursue your
claim individually in small claims court.
· When You initiate arbitration, the only fee You are required to pay is New Era’s
consumer filing fee, which is currently a maximum of $300 for a consumer. All
other fees or expenses charged by New Era ADR will be paid by Us (unless the
arbitrator finds that either the substance of your claim or the relief sought
is frivolous or brought for an improper purpose). You are responsible for fees
and expenses owed to your legal counsel, if any, unless the arbitrator
determines that an award of attorney’s fees is warranted under applicable law.
· Mass Arbitration Provisions:
o New Era ADR’s rules and procedures include unique procedures for “mass arbitrations,” which are situations in which
twenty-five (25) or more cases are filed that arise out of common issues of law
and fact and are brought by the same law firm or group of law firms. Mass
arbitration procedures are designed to provide for a more cost-effective
resolution of disputes. Those mass arbitration procedures call for a limited
number of cases to be treated as “bellwether” cases to be resolved on the
merits earlier than other cases as an opportunity to help the parties determine
if settlement of the remaining cases may be possible. Settlement is not
required and each individual may elect not to participate in the settlement
process. Thereafter, as described in the New Era Rules, the arbitrator must
individually decide each claim on its own facts, giving due consideration to
the facts and arguments advanced in each case, and any party may invoke the “Precedent
Opt-Out Process” set forth in the New Era ADR Rules. These procedures for mass arbitrations
are designed to (a) lead to the streamlined and cost-effective resolution of
claims; (b) ensure that large volume filings do not impose unnecessary burdens
or impediments to the resolution and cost-effective adjudication of similar
claims; and (c) preserve the integrity of the arbitration process. The parties
agree that as part of these procedures, their counsel shall meet and confer in
good faith in an effort to resolve the Disputes, streamline procedures, address
the exchange of information, modify the number of Disputes to be adjudicated,
and conserve the parties' and New Era ADR’s resources.
o Only the presiding neutral may make
determinations of fact or reach conclusions of law with respect to a mass
arbitration proceeding. Ultimate authority to determine whether cases arise out
of common issues of law and fact rests with the presiding neutral. If the
presiding neutral determines that one or more cases assigned to a mass
arbitration proceeding do not arise out of common issues of law and fact, or
otherwise do not meet the definition of a mass arbitration, each such case will
be removed from the mass arbitration proceedings. Those bellwether cases will
proceed individually, but in parallel to the extent possible. The neutral will
issue a reasoned lead decision in each bellwether case. Although a neutral may
consider the analysis and result reached in prior lead decisions in deciding
disputes in the same mass arbitration proceeding the neutral in all events must
individually decide each claim asserted by each party in a mass arbitration
proceeding, giving due consideration to the facts and arguments advanced by the
parties in each case.
o New Era ADR’s rules and procedures provide
parties to mass arbitrations with the right to obtain certain information
relating to bellwether cases and decisions that may impact their cases. You are
encouraged to review those rules closely to understand how your rights may be
impacted.
· If any provision of this Agreement is deemed by an arbitrator not to comply with the “Minimum
Fairness Standards” published by New Era ADR and available at https://www.neweraadr.com/ then the Minimum Fairness Standards
should be deemed to be incorporated by reference and any offending provision
shall be deemed unenforceable.
· The arbitrator shall be selected pursuant to New Era ADR’s standard rank and strike
process, as set forth in New Era ADR’s General Rules and Procedures.
· Except as otherwise provided herein, the arbitrator shall apply the substantive laws
of the state and Federal Judicial Circuit in which Velour Cosmetics ULC’s
principal place of business is located, without regard to its conflict of laws
rules.
· By signing the demand for arbitration, a party (and their counsel, if represented)
certifies that they have complied with (a) the Dispute Resolution provisions of
this Agreement and (b) all of the requirements of Federal Rule of Civil
Procedure 11(b), including that the claims and relief sought are neither
frivolous nor brought for an improper purpose. The arbitrator is authorized to
award any relief or impose any sanctions available under Federal Rule of Civil
Procedure 11 or applicable federal or state law against all represented parties
and counsel as a court would.
· The arbitrator may award any relief or remedy that would be available in a court of
law, including attorneys’ fees and punitive damages where permitted by statute
and is permitted to apply the cost-shifting provisions of Federal Rule of Civil
Procedure 68 after entry of an award.
· The arbitrator shall issue a reasoned written decision sufficient to explain the
essential findings and conclusions. In the event of a mass arbitration, the
parties agree that, for the sake of efficiency, an arbitrator’s written
decision may address some or all of the cases jointly. However, a written
decision that jointly addresses some or all of the cases does not conflict with
the requirement that the neutral in all events must individually decide each
claim asserted by each party in a mass arbitration proceeding.
· Notwithstanding anything contained in the New Era ADR rules, the decision of the arbitrator
shall be final and binding on both parties, but either party shall have rights
of appeal expressly provided in section 10 of the FAA.
· Except as may be required by law, neither a party nor the arbitrator may disclose the
existence, content, or results of any arbitration without the prior written
consent of both parties, unless to protect or pursue a legal right.
Notwithstanding anything to the contrary in this Agreement, if Velour Beauty
makes any future change to this arbitration provision, you may reject the
change by sending Us written notice within 30 days of the change to 1133
Westchester Ave, White Plains NY 10604, US, 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 Velour Beauty.
No class
actions or juries. YOU
UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND VELOUR BEAUTY
ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS
ACTION IN COURT AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE
FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to
arbitrate solely on an individual basis, and this agreement does not permit
class arbitration or any claims brought as a plaintiff or class member in any
class or representative arbitration proceeding EXCEPT as provided in this Agreement.
Invalidity and Survivability. If
any term or provision of this Section is invalid, illegal, or unenforceable in
any jurisdiction, such invalidity, illegality, or unenforceability shall not
affect any other term or provision of this Section or invalidate or render
unenforceable such term or provision in any other jurisdiction. If for any
reason a dispute proceeds in court rather than in arbitration, the parties
hereby waive any right to a jury trial. This arbitration provision shall
survive any cancellation or termination of your agreement to participate in any
of our Programs.
Future Changes to Dispute Resolution Section. Notwithstanding any provision to the contrary,
you and we agree that if Velour Beauty makes any future changes to this
arbitration agreement (other than a change to the mailing or email address),
you may reject any such change by sending us written notice personally signed
by you within thirty (30) days of the change to Velour Beauty at 1133
Westchester Ave, White Plains NY 10604, US. The written notice must include the
following information: (a) your name, address, phone number, and email address
and (b) a 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 to the arbitration agreement, you
are agreeing that you will arbitrate any Dispute between us in accordance with
the language of this version of the arbitration agreement.
18. Miscellaneous. You
warrant and represent to Us that you have all necessary rights, power, and
authority to agree to the terms and perform your obligations hereunder, and
nothing contained in this Agreement 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 this
Agreement is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that the terms of this
Agreement will otherwise remain in full force and effect and enforceable. Any
new features, changes, updates or improvements of the Program shall be subject
to these terms unless explicitly stated otherwise in writing. We reserve the
right to change this Agreement from time to time. Any updates to this Agreement
shall be communicated to you. Prior to such communication, the terms of this
Agreement in effect as last made available to you immediately prior to your
receipt of the notice will continue to govern our relationship. You acknowledge
your responsibility to review this Agreement from time to time and to be aware
of any such changes. By continuing to participate in the Program after any such
changes, you accept this Agreement, as modified.
Appendix A
Velour Beauty
Do Not Call Policy: Text Messaging
Regulatory
Summary Regarding The Telephone Consumer Protection Act (TCPA)
The federal
Telephone Consumer Protection Act (TCPA), related FCC regulations, and related
court interpretations protect consumers from specific types of telemarketing.
Under the TCPA “telemarketing” is defined as “the initiation of a telephone
call or message for the purpose of encouraging the purchase or rental of, or
investment in, property, goods, or services, which is transmitted to any
person.” 47 C.F.R. § 64.1200(f)(13). The TCPA imposes requirements for cold
calls, prerecorded sales calls, and the use of autodialers. The TCPA also
authorized the creation of the National Do Not Call Registry as well as
internal Do Not Call lists. Various states have also adopted their own
telemarketing laws.
Velour Beauty is
committed to complying with federal and state Do Not Call laws. This policy
relates specifically to our compliance with those requirements for the purposes
of sending SMS and MMS messages that constitute telemarketing. It is Our policy
to not send telemarketing SMS and MMS messages to:
·
Any
telephone number, using an automatic telephone dialing system, for which we
have not received prior express written consent, as defined by the Federal
Communications Commission; and
·
Any
telephone number on Our Internal Do Not Call List.
We will maintain
an Internal Do Not Call list and will promptly honor a request made in one of
the following manners to place your telephone number on Our Do Not Call list
within a reasonable time of such request, not to exceed 10 business days from
the date of said request. To be placed on Our Do Not Call list, you may:
·
Reply
STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message
from Us in order to opt out of the Program. These are Our preferred keywords.
We will also honor revocation requests made through any reasonable means as
required by applicable law.
·
Request
to be put on Our list by contacting customer service
at help@velourbeauty.com and providing your name and telephone
number.
Your telephone
number shall be retained indefinitely on Our Do Not Call list unless you
subsequently provide new prior express written consent to rejoin our SMS list.
If you change your number, you must request for the new number to be put on Our
Do Not Call list.
