Text Messaging Program Terms & Conditions
APERÇU EYEWEAR TEXT MESSAGING PROGRAM TERMS & CONDITIONS
These Aperçu Eyewear Text Messaging Program Terms & Conditions (“Text Messaging Terms”) apply to your participation in the Vuami, Inc. d/b/a Aperçu Eyewear, including its subsidiaries, (“Aperçu Eyewear,” “we” or “us”) text messaging program (the “Program”). Your participation in the Program constitutes your express consent to receive automated text messages (e.g., SMS messages and MMS messages) from Aperçu Eyewear at the mobile number you provided, including text messages that may be sent using an automatic telephone dialing system. By signing up for the Program, you agree to these Text Messaging Terms, including the DISPUTE RESOLUTION AND ARBITRATION AGREEMENT contained herein, and the Aperçu Eyewear Terms of Service, which are incorporated herein by reference. If you do not agree to these terms, you must immediately discontinue your participation in the Program by following the below cancellation instructions.
The Program may include recurring and nonrecurring text messages related to promotions, products, events, cart reminders, special offers or other Aperçu Eyewear-related news, as well as other information that we think will be of interest to you. Message frequency will vary. Aperçu Eyewear 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. Aperçu Eyewear also reserves the right to change the phone number from which messages are sent. Consent to receive automated text messages is not a condition of any purchase. Message and data rates may apply.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Aperçu Eyewear, its service providers and the mobile carriers supported by the Program are not liable for delayed or undelivered messages.
You may opt out of the Program at any time. Text the keyword STOP, STOPALL, CANCEL, QUIT, END, or UNSUBSCRIBE to our phone number to cancel your participation in the Program. After texting STOP, STOPALL, CANCEL, QUIT, END, or UNSUBSCRIBE to our phone number, 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 consist of the STOP, STOPALL, CANCEL, QUIT, END, or UNSUBSCRIBE keyword commands and agree that Aperçu Eyewear and its 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 Aperçu Eyewear through any other programs you have joined until you separately unsubscribe from those programs.
If you have opted out of the Program, you can text the keywords START or UNSTOP to our phone number to resubscribe to the Program. If you resubscribe to the Program, your continued participation in the Program will be subject to these Text Messaging Terms.
Help & Customer Care
Text the keyword HELP or INFO to our phone number to receive customer care contact information. If you are experiencing any problems, please contact our customer care team at email@example.com or (646) 846-2961.
This Program is a service of Aperçu Eyewear, which can be reached by postal mail at Aperçu Eyewear, 880 Harrison St. SE, Suite 14, Leesburg VA 20175 or by email at firstname.lastname@example.org.
Dispute Resolution and Arbitration Provisions
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Aperçu Eyewear and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under these provisions. In addition, arbitration precludes you from suing in court or having a jury trial.
- Arbitration of Disputes. Except for small claims disputes in which you or Aperçu Eyewear seeks to bring an individual action in small claims court located in the county where you reside or disputes in which you or Aperçu Eyewear seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Aperçu Eyewear waive your rights to a jury trial and to have any other dispute arising out of or related to these Text Messaging Terms or the Program, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Aperçu Eyewear you agree to first contact Aperçu Eyewear and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Aperçu Eyewear by email at email@example.com by certified mail addressed to 880 Harrison St. SE, Suite 14, Leesburg VA 20175. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Aperçu Eyewear cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York, New York unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of these Dispute Resolution and Arbitration Provisions, a “consumer” means a person participating in the Program for personal, family or household purposes. You and Aperçu Eyewear agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
- You and Aperçu Eyewear agree that these Text Messaging Terms affect interstate commerce and that the enforceability of these Dispute Resolution and Arbitration Provisions will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
- The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Aperçu Eyewear, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
- You and Aperçu Eyewear agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Aperçu Eyewear will pay the remaining JAMS fees and costs. For any arbitration initiated by Aperçu Eyewear, Aperçu Eyewear will pay all JAMS fees and costs. You and Aperçu Eyewear agree that the state or federal courts of New York, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
- If any portion of this these Dispute Resolution and Arbitration Provisions are found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Text Messaging Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Text Messaging Terms or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to these Dispute Resolution and Arbitration Provisions; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of these Dispute Resolution and Arbitration Provisions is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of the Text Messaging Terms will be enforceable.
Governing Law and Venue
Any Dispute will be governed by and construed and enforced in accordance with the laws of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of New York and the United States, respectively, sitting in New York, New York.