THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN THE SECTION ENTITLED “ARBITRATION” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST L’ORÉAL USA S/D, INC. OR ITS AFFILIATES ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS YOU CANNOT BRING CLAIMS AGAINST L’ORÉAL USA S/D, INC. OR ITS AFFILIATES IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Agreement to Receive SMS Messages
This brand is a member of the L’Oreal USA family of brands (this brand referred to as “Us”, “Our”, or “Web” in these SMS Terms of Use). By opting into any of Our text message programs, You expressly consent and agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) by or on behalf of Us, including text messages that are sent using automated means (including for the selection or dialing of a telephone number), to the mobile telephone number You provided when signing up or any other number that You designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply for any messages sent to You from or on behalf of Us, and message You send to us. If You have questions about Your text plan or data plan, please contact Your wireless provider. You must be a US consumer, 18+, and the owner or authorized user of the mobile number provided.
This is a standard rate SMS program. Message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, 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 messages are sent and We will notify you when we do so.
Not all mobile devices or handsets are supported and our messages may not be deliverable in all areas. We, our service providers, and the mobile carriers supported by the program, are not liable for delayed or undelivered messages.
By enrolling or otherwise agreeing to receive text messages from or on behalf of this brand, You agree to these SMS Terms and Conditions, as well as Our Terms of Use. You further acknowledge you have read and understood Our Privacy Policy
Participating Mobile Carriers.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
How to Opt Out, Unsubscribe, or Cancel
To stop receiving messages from this brand, please text any of the following keywords STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any text message you get from Us to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to on any of our messages, you will receive one additional message confirming that your request has been processed. You acknowledge that Our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that We and Our service providers will have no liability for failing to honor such requests. If you unsubscribe from one of Our text message programs, you may continue to receive text messages from Us or other L’Oreal USA brands through any other programs you have joined until you separately unsubscribe from those programs (which may include non-marketing text messages from Us).
How to Get Help
Text the keyword HELP to in any of Our messages you receive to return customer care contact information.
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email [email protected]. You may also contact Our customer care center by using the Contact Us link on the footer of Our website.
Eligibility and Change in Phone Number
By opting into any of Our text message program(s) or by otherwise providing Your cell phone number to Us, You warrant that You are 18 years of age or older and are a US resident. You further warrant that You are the current subscriber or authorized user of the phone number You provided. You agree that You will not initiate messages to the mobile phone of any other person or entity without authorization. You are also responsible for completing the opt-out process or notifying Us immediately if You change, transfer, or intend to stop using the mobile telephone number used to subscribe to the program. Failure to do any of the foregoing constitutes a material breach of these Terms and Conditions and Our Terms of Use. Mobile carriers are not liable for delayed or undelivered messages.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FOR ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR CAUSED IN WHOLE OR IN PART BY YOUR FAILURE TO COMPLETE THE OPT-OUT PROCESS OR NOTIFY US IF YOU CHANGE, TRANSFER, OR INTEND TO STOP USING YOUR TELEPHONE NUMBER, INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT.
Dispute Resolution: MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER
General. In the interest of resolving disputes between you and Us in the most expedient and cost-effective manner, you and We 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 Us or Our 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 Kiehl's 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 US 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.
Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Us 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.
Arbitrator. Any arbitration between you and Us is 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 Kiehl's. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. If you or We intend 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"). Our address for Notice is: 10 Hudson Yards New York, New York 10001, Attn: General Counsel. 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 We will make good faith efforts to resolve the claim directly, but if you and Us do not reach an agreement to do so within 30 days after the Notice is received, you or We may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Us 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, We 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 Us 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 Us 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 Us made within 14 days of the arbitrator's ruling on the merits.
No Class Actions. YOU AND We 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 We 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.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if We make any future change to this arbitration provision, other than a change to Our address for Notice, you may reject the change by sending us written notice within 30 days of the change to Our 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 Us.
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.