Torani's Messaging Terms & Conditions

Last updated: July 24, 2024 

The following terms and conditions govern the use of Torani’s (“Torani,” “We,” “Us,” “Our”) Messaging System (“Messaging Terms and Conditions”).  Please read these Messaging Terms and Conditions before accessing or using our Messaging system.  By accessing or using our Messaging system, each user (“You,” or “Your”) agrees to receive recurring SMS/text messages from and on behalf of Torani through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.  Text messages may be sent using an automatic telephone dialing system or other technology.  Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.).  Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Torani reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Torani also reserves the right to change the shortcode or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Torani, its service providers including Klaviyo, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By signing up to receive text messages, you represent that you are 18 years of age or older and understand and agree to the terms set forth in these Messaging Terms & Conditions as well as Klayvio’s Mobile Message Service Terms and Conditions and Privacy Policy. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts. 

Cancellation

Text the keyword STOP to +1 (888) 241-8234  or click the unsubscribe link (where available) in any text message to cancel.   You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately. If you have subscribed to other mobile message programs hosted by Klayvio and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.  For service support or assistance, text HELP to +1 (888) 241-8234 or reach out to marketing-responses@klaviyo.com.

Customer Care

If you are experiencing any problems, please text HELP to +1 (888) 241-8234 or reach out to marketing-responses@klaviyo.com.  

Dispute Resolution

Please read this carefully as it affects your legal rights.

Any dispute or claim relating in any way to Your use of the Messaging Terms and Conditions will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. 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 of these Terms and Conditions as a court would.

Either party may initiate arbitration by providing written notice to the other party. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Torani will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Law that Applies; Interpretation and Modification

You expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of the State of California to adjudicate and resolve any dispute with Torani, their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Messaging Terms and Conditions. 

YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

These Messaging Terms and Conditions are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Messaging Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Messaging Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. 

We may modify these Messaging Terms and Conditions, including the Torani Privacy Policy, at any time and although We will generally try to provide at least 30 days’ advance notice of the effective date of any material modification, if We do not provide advance notice, the modification will take effect when We post the change on the Website. Accordingly, We urge You to check back frequently so that You are aware of the terms and conditions that apply to You.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, Torani is not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney's fees.

Severability

If any term of these Messaging Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.

Contact

This message program is a service of Torani, 2000 Marina Boulevard, San Leandro, CA 94577.