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When you provide Hero Cosmetics (“we”, “us” or “our”) with your phone number and opt in to our text/messaging program, you agree to receive recurring automated text messages (e.g., SMS, MMS, and RCS) from us, including messages that may be sent using an automatic telephone dialing system and/or AI-assisted technology, to the mobile telephone number you provided when signing up or any other number that you designate. Any messages sent or received will be subject to these Terms and Conditions. Such messages include transactional messages (e.g., account/order updates, transaction details, shipping notifications) and marketing messages (e.g., cart reminders, special offers, discounts or other promotional content that may be personalized). You consent to receive such messages regardless of the presence of your telephone number on any state or federal Do Not Call list/registry.
This program may be offered in connection with certain programs that provide certain perks (e.g., rewards, free products, samples and exclusive offers), such as our loyalty programs, sampling programs or other promotions. However, consent to receiving text messages is not a condition of purchase.
You also agree to our Terms of Use, which are incorporated herein by reference, and acknowledge that any information obtained about you in connection with this program will be subject to our Privacy Policy. We may share certain information with our service providers, including Attentive Mobile, Inc., as described in our Privacy Policy.
PLEASE NOTE: ANY DISPUTES BETWEEN YOU AND US ARE SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE DISPUTE RESOLUTION PROVISIONS IN SECTION 6 CAREFULLY AS THEY AFFECT YOUR RIGHTS UNDER THIS AGREEMENT.
You confirm that you are the subscriber to the relevant phone number or the customary user of that phone number on a family or business plan and that you are authorized to opt in. You must immediately notify us if your phone number is changed or deactivated, and you agree to indemnify us and any third parties texting on our behalf in full for all claims, expenses, and damages related to or caused, in whole or in part, by your failure to immediately notify us if you change or deactivate your phone number. To notify us of such changes, please contact us as described below.
You acknowledge and agree that message and data rates may apply for each message sent or received in connection with our program. You are solely responsible for all charges related to such messages. Please check your mobile plan and consult with your phone carrier to determine the charges your phone carrier may charge for sending and/or receiving messages.
Message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, and 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, handsets or carriers may be supported and our messages may not be deliverable in all areas. We reserve the right to add or remove any phone carrier from our program at any time, with or without notice. Messages may not be deliverable if you add digits or symbols to our phone number. We, our service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We may suspend or terminate your participation in our program if we believe you are in breach of these Terms and Conditions at any time, with or without prior notice to you. Your participation in our text/messaging program is also subject to termination in the event that your carrier service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of our text/messaging program, with or without notice.
You may opt out of this program at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, OPT OUT or any other similar term to indicate your desire to opt out to any text message you receive from us. After opting out, you will receive one additional message confirming that your request has been processed. If you unsubscribe from one of our text/messaging programs, you may continue to receive transactional messages, unless you also opt or opted out of such messages. Except where applicable law requires otherwise, you may also continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs.
Text HELP to any text message you receive from us for messaging support. You can also visit https://support.attentive.com/help/ and submit the form with details about your problem or your request for support, or email support@attentive.com.
THE PROVISIONS BELOW INCLUDE A CLASS ACTION WAIVER AND REQUIRE THAT DISPUTES BE RESOLVED ONLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS (AND NOT BY COURT LITIGATION). YOU AGREE THAT THIS INCLUDES ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THESE MESSAGING TERMS AND CONDITIONS OR YOUR RECEIPT OF TEXT MESSAGES FROM US OR OUR SERVICE PROVIDERS.
You agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") which are in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate an arbitration, we will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified us in writing and provided a copy of the arbitration proceedings. However, if we are the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to us, including the filing fee.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against us and may not preside over any kind of representative or class proceeding against us. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY USED OUR SERVICES OR PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND STOP USING THE SERVICES.
Subject to the Arbitration Agreement above, these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to any conflicts of law provisions. Any cause of action with respect to our text/messaging program or these Terms and Conditions must be filed in Mercer County, New Jersey within 1 year after the cause of action has accrued; unless such a filing is made in accordance with such rules, the cause shall be permanently barred.
We reserve the right to change or amend these Terms and Conditions at any time and your continued consent to receive messages from us constitutes your agreement to all such changes. You should review these Terms and Conditions regularly to ensure that you are aware of future changes.
This message program is a service of Church & Dwight Co., Inc. on behalf of its Hero Cosmetics brand, located at 407 Broome St FL 7, New York, New York 10013. If you have any questions relating to our products, please contact us at (833) 413-8292.
