Messaging Terms & Conditions
MicroPerfumes Mobile Messaging Terms and Conditions
Last Updated: July 28, 2026
Perfume Ventures, Inc. d/b/a MicroPerfumes ("MicroPerfumes," "we," "us," or "our") offers a mobile messaging program (the "Program"). Your enrollment in and participation in the Program are subject to these Mobile Messaging Terms and Conditions (the "Messaging Terms") and our Mobile Messaging Privacy Policy. By opting in to or participating in the Program after receiving a disclosure that references these Messaging Terms, you accept and agree to these Messaging Terms.
By opting in to or participating in the Program, 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 manufacture, fabricate, or initiate a claim or litigation. Your good-faith participation in the Program and the consequences of fraudulent, bad-faith, or frivolous conduct are addressed in Section 16.
These Messaging Terms are limited to the Program. They do not replace other terms or privacy notices governing your use of the MicroPerfumes website, purchases, accounts, or other services. If there is an irreconcilable conflict concerning enrollment in, consent to, operation of, opt-out from, or a dispute arising out of or relating specifically to the Program or Program communications, these Messaging Terms control, including with respect to the arbitration administrator, dispute-resolution procedures, and governing law applicable to that Program-related dispute.
1. User Opt In
Consent to Receive Recurring Automated Messages. By enrolling, you provide your prior express written consent to receive recurring automated promotional and personalized marketing messages from or on behalf of MicroPerfumes at the mobile telephone number you provide or later designate. Depending on the Program features expressly disclosed at the point of consent and supported by your device and carrier, messages may include SMS, MMS, RCS, cart or checkout reminders, product announcements, offers, alerts, surveys, customer-support communications, and other marketing or informational content. Messages may be sent using an automatic telephone dialing system or other automated technology.
Artificial or Prerecorded Voice. If the opt-in disclosure presented to you, or a separate later consent, expressly includes artificial or prerecorded voice messages, you also consent to receiving those messages to the extent permitted by applicable law. These Messaging Terms alone do not expand the scope of the consent disclosure presented when you enroll.
Telephone Number Authorization and Continuing Duty. By providing a telephone number, you represent and warrant that you are the subscriber, account holder, or customary authorized user of that number, that the number is accurate, and that you are legally authorized to consent to messages at that number. You agree not to enroll a number belonging to another person without authorization. If you change, deactivate, transfer, port, or relinquish the number, you agree to notify MicroPerfumes before doing so by replying STOP to a Program message or emailing help@microperfumes.com. A material failure to provide timely notice that causes or contributes to a claim, loss, or liability may constitute a breach of these Messaging Terms and may be subject to Section 16, but only to the extent permitted by law and upon the findings required by that Section. Consent to receive automated marketing messages is not a condition of purchasing any product or service. Message and data rates may apply. Message frequency varies.
ATDS Disclosure. Your consent covers messages that may be sent using an automatic telephone dialing system or other automated technology. This disclosure does not represent or imply that any particular message is sent using equipment that legally qualifies as an automatic telephone dialing system.
Compliance With Messaging Hours. We endeavor to initiate marketing messages only during times permitted by applicable federal, state, and local law, based on the area code, location, time zone, account information, billing or shipping information, and other information reasonably available to us and our service providers. Delivery may nevertheless occur later because of carrier delay, network congestion, device availability, or other circumstances outside our reasonable control.
Electronic Records and E-Sign Consent. You authorize us to provide Program disclosures, consents, confirmations, notices, and records electronically rather than in paper form. You may withdraw your consent to receive electronic records for future Program disclosures, update your information, or request a free paper copy by emailing help@microperfumes.com. Withdrawing consent to electronic records does not by itself revoke consent to receive messages. To retain these Messaging Terms, you will need a device with internet access and storage space or access to a printer.
Device Identification, Fraud Prevention, and Verification. You authorize your wireless carrier, MicroPerfumes, and our service providers, including Klaviyo, Inc. and any successor messaging platform provider, to use or disclose information about your account and wireless device, if available, to identify you or your device, verify your eligibility and intent to subscribe, detect and prevent fraud, and protect the integrity of the Program. You consent to receiving one-time passcodes, confirmation messages, or similar communications used to verify your intent to subscribe. We may retain records of your consent, including the date, time, source, disclosure version, IP address, device or browser information, one-time verification event, and other evidence reasonably associated with the enrollment.
2. User Opt Out and Revocation of Consent
You may revoke consent and opt out of Program marketing messages at any time by replying STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to a Program message. You may also use any other reasonable method that clearly communicates your desire to stop messages, including emailing help@microperfumes.com and identifying the mobile telephone number you want removed. We do not designate an exclusive method for revoking consent where applicable law requires us to honor another reasonable method.
Recognized keyword requests supported by our messaging platform are generally processed automatically upon receipt. Other valid opt-out or revocation requests, including email or manually reviewed requests, will be honored within a reasonable time and no later than ten business days after receipt, unless a shorter period is required by applicable law.
You may receive one additional non-marketing message that only confirms your revocation request and contains no marketing or promotional content. If you have separately consented to multiple categories of messages and your request is reasonably unclear, we may instead send one non-marketing message requesting clarification about the scope of the request. We will send any such confirmation or clarification message promptly. If you do not respond to a clarification request, we will treat your revocation as applying to all categories of Program calls or text messages for which your prior express consent is required, unless your request itself clearly identifies a narrower scope. No clarification request will delay or condition the effectiveness of an otherwise clear revocation request.
After your opt-out has been processed, we will not send additional Program marketing messages unless you provide new prior express written consent. You may continue to receive non-marketing or transactional messages where separately requested or authorized, necessary to provide a requested service, or otherwise permitted by law, unless your request clearly applies to those messages or applicable law requires otherwise. Depending on the carrier and sending number, re-enrollment after a carrier-level STOP may require you to text START or UNSTOP.
Our Do Not Call Policy for Text Messaging is included as Appendix A and is incorporated into these Messaging Terms.
3. Other Terms and Policies
You also agree to our Mobile Messaging Privacy Policy (available at https://microperfumes.com/pages/messaging-service-privacy-policy), which describes how Program information is collected, used, disclosed, retained, and protected.
Our general Website Terms of Use and general Privacy Policy also apply. If there is an irreconcilable conflict between these Messaging Terms and the Website Terms of Use, general Privacy Policy, Terms of Sale, or another sitewide policy concerning enrollment in, consent to, operation of, opt-out from, or a dispute arising out of or relating specifically to the Program or Program communications, these Messaging Terms control, including with respect to the arbitration administrator, dispute-resolution procedures, and governing law applicable to that Program-related dispute. The Website Terms of Use and other applicable sitewide terms continue to govern unrelated website activity, purchases, and disputes.
4. Program Description
Without limiting the scope of the Program or the disclosure shown when you enroll, Program participants may receive messages concerning marketing, promotions, products, sales, discounts, payment or account activity, customer support, order confirmation, delivery, tracking, shipping, security, and other transactional or informational matters. Messages may include cart, checkout, browse, back-in-stock, or price reminders when those message types are disclosed at the consent point and permitted by applicable law and carrier requirements. Email communications and other communication channels are governed separately unless expressly stated otherwise.
We may add, change, suspend, or discontinue Program features, message categories, service providers, short codes, toll-free numbers, long codes, or other sending identifiers. A change in a service provider or sender identifier does not expand the substantive scope of your consent or reduce your opt-out rights.
Any new Program feature, update, change, or improvement is subject to these Messaging Terms unless a separate written disclosure expressly states otherwise. A new feature does not expand the substantive scope of your prior consent beyond the disclosure you accepted.
5. AI-Generated Message Content
From time to time, we may use generative artificial intelligence or other automated tools supplied by third parties to develop, suggest, personalize, translate, test, or optimize message content that we choose to send. Some content may be tailored using information available to us. Our use of those tools does not make the tool provider a sender or initiator of the message or otherwise responsible for the message merely because the tool assisted with content. Any use of an AI-generated artificial voice remains subject to the separate-consent limitation in Section 1 and applicable law.
6. Message Frequency, Cost, and Changes
Message and data rates may apply. You agree to receive messages periodically at our discretion within the scope of your consent. Daily, weekly, and monthly message frequency will vary based on your interactions, purchases, preferences, and Program activity. We may increase or decrease message frequency and may change the short code, toll-free number, long code, RCS agent, or other identifier from which messages are sent.
7. Support Instructions
For Program support, reply HELP to the number from which you received a Program message, email help@microperfumes.com, or visit support.microperfumes.com. A clear opt-out or consent-revocation request sent through customer support will be honored under Section 2 and applicable law.
8. RCS, MMS, and Messaging Protocol Disclosure
The Program may use SMS, MMS, RCS, or another carrier-supported messaging protocol when expressly included in the applicable consent disclosure and supported by the device, carrier, and sending configuration. If a device does not support a particular protocol, the Program may use SMS or MMS instead. If a protocol does not permit reply messages, each affected message will provide a clear alternative opt-out method as required by applicable law.
9. Disclaimer of Warranty
THE PROGRAM IS OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IT MAY NOT BE AVAILABLE IN ALL AREAS, ON ALL DEVICES, OR AT ALL TIMES, AND IT MAY BE AFFECTED BY PRODUCT, SOFTWARE, PLATFORM, COVERAGE, DEVICE, OR CARRIER CHANGES. TO THE FULLEST EXTENT PERMITTED BY LAW, MICROPERFUMES AND ITS SERVICE PROVIDERS DISCLAIM WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR CONTINUOUS OPERATION.
We are not liable for delays, failures, misdirection, duplication, or errors in the receipt or transmission of messages caused by wireless carriers, networks, devices, third-party platforms, or circumstances outside our reasonable control. Wireless carriers are not liable for delayed or undelivered messages.
10. Supported Devices and Carriers
Not all mobile devices, handsets, carriers, messaging applications, or protocols may be supported. Messages may not be deliverable in all locations. MicroPerfumes, its service providers, and participating carriers are not liable for delayed or undelivered messages to the fullest extent permitted by law.
11. Contact
The Program is offered by:
Perfume Ventures, Inc. d/b/a MicroPerfumes
7811 Lemona Avenue
Van Nuys, California 91405
United States
Customer support and opt-out requests: help@microperfumes.com
12. Age Restriction
You may not use or engage with the Program if you are under eighteen years of age. By enrolling, you represent that you are at least eighteen years old and permitted by the law of your jurisdiction to participate. We may remove a participant if we reasonably believe the participant is under eighteen.
13. Prohibited Content and Use
You may not use or interact with the Program to send, request, facilitate, or promote content or conduct that is unlawful, fraudulent, libelous, defamatory, threatening, harassing, stalking, obscene, hateful, discriminatory, malicious, or otherwise prohibited by applicable law. Prohibited conduct also includes:
Pirated software, viruses, worms, Trojan horses, malicious code, denial-of-service activity, or other interference with the Program;
A product, service, promotion, or transaction that is unlawful where offered, sent, received, or performed;
Content that improperly includes or solicits protected health information subject to HIPAA or HITECH;
Impersonation, unauthorized enrollment, account manipulation, number spoofing, false consent records, fabricated opt-out records, or misuse of another person's telephone number; and
Any other content or conduct prohibited by the law of the jurisdiction from which or to which a message is sent.
14. State Telemarketing Laws, Location, and Residency
We endeavor to comply with all applicable federal, state, and local laws governing telemarketing, telephone solicitation, text messaging, consent, do-not-call requests, quiet hours, registration, disclosures, recordkeeping, and consumer protection, as those laws may be enacted, amended, interpreted, replaced, or superseded. These laws include, without limitation and when applicable, laws in California, Florida, Oklahoma, Maryland, New Jersey, Virginia, Washington, Texas, and other jurisdictions in which Program recipients are located.
For operational compliance, we and our service providers may initially rely on the state associated with the area code of the enrolled mobile number, together with account, billing, shipping, IP-derived, time-zone, and other reasonably available information. If your actual residence or location differs from that information, you agree to notify us in writing at help@microperfumes.com and update your account information when practicable.
Absent written notice or actual knowledge to the contrary before the message at issue, you agree that we and our service providers may rely in good faith on the location information reasonably available to us and, to the fullest extent permitted by law, you will not seek to impose liability based solely on an uncommunicated residence or location in another jurisdiction. This provision creates an operational and contractual presumption only. It does not waive a non-waivable right or excuse compliance where we had actual knowledge of your location.
To the fullest extent permitted by applicable law, messages sent directly in response to your own message, keyword, opt-in, HELP request, STOP request, customer-service request, order request, security request, or shipping request will be treated as responsive or transactional communications rather than unsolicited telemarketing or telephone solicitation.
15. Subscribers Located in Texas
To the extent Texas law applies to one or more messages, and for purposes of applying Texas Business and Commerce Code Sections 302.058 and 302.059 and any successor provisions, the parties agree, to the fullest extent permitted by law, that "customer" will be interpreted consistently with its broadest ordinary and dictionary meaning and will not require a completed purchase, and that "establishment" will include an establishment that sells goods or services through an online store and will not require a physical retail location. This Section does not override a mandatory statutory definition that the parties may not alter by agreement.
16. Good-Faith Participation; Remedies for Fraudulent or Bad-Faith Claims
16.1 Good-Faith Representations. When you opt in to, and while you remain enrolled in, the Program, you represent that you are the subscriber, account holder, or customary authorized user of the enrolled number; that information you provide concerning identity, authority, consent, and revocation is materially accurate; and that you are participating for a genuine Program purpose rather than to fabricate or multiply a claim.
16.2 Prohibited Conduct. You may not enroll a number under false pretenses; misrepresent identity, authority, consent, receipt, or revocation; use spoofing, bots, automation, or other artifices to fabricate or manipulate messages or evidence; or participate in a scheme intended to manufacture or inflate a claim.
16.3 Remedies. If an arbitrator or court makes a final finding, after notice and an opportunity to be heard, that a party engaged in fraud, material misrepresentation, evidence fabrication, or bad-faith conduct prohibited by this Section, the arbitrator or court may award only those sanctions, fees, costs, damages, or other remedies authorized by applicable law or the governing arbitration rules. No fee or cost shifting applies merely because a consumer does not prevail or brings a good-faith, non-frivolous statutory claim.
16.4 Third-Party Claims. To the fullest extent permitted by law, you will indemnify MicroPerfumes and affected service providers from a third-party claim arising directly from your unauthorized enrollment or use of another person's number, impersonation, or material fraud. This paragraph does not create first-party fee shifting for an ordinary dispute between you and MicroPerfumes.
16.5 Preservation of Rights. This Section does not waive, deter, limit, or penalize a good-faith exercise of rights under the TCPA or another law, does not exempt us from our own violation of law, and will be limited or severed to the minimum extent necessary if any portion is unenforceable.
17. Dispute Resolution, Individual Arbitration, and Class Action Waiver
Our customer-service team is available to address concerns at help@microperfumes.com. The procedures below are intended to provide an efficient process for unresolved Program disputes.
17.1 Binding Individual Arbitration; Covered Parties and Priority. In the event of a conflict between this Section 17 and a dispute-resolution, arbitration, forum-selection, or governing-law provision in the Website Terms of Use, Terms of Sale, or another sitewide term, this Section 17 governs all Program-related Disputes to the fullest extent permitted by law. Any dispute, claim, or controversy between you and MicroPerfumes, or between you and a current or former service provider acting on our behalf in connection with the Program, arising out of or relating to the Program, a message sent or allegedly sent, enrollment, consent, revocation, these Messaging Terms, a federal or state statute, a common-law claim, or the breach, termination, enforcement, interpretation, or validity of these Messaging Terms (each, a "Dispute") will be determined by final and binding individual arbitration before one neutral arbitrator. Either party may elect to bring a qualifying individual claim in small claims court without first completing Section 17.5 and without obtaining the other party's consent, provided the matter remains within that court's jurisdiction and proceeds only on an individual basis. Either party may seek provisional relief in aid of arbitration from a court of competent jurisdiction. MicroPerfumes' affiliates, officers, directors, employees, agents, current and former messaging platform providers, aggregators, telecommunications carriers, and other service providers involved in operating, transmitting, or supporting the Program, including Klaviyo, Inc. and, solely with respect to historical Program activity during its service period, Postscript, Inc., are express intended third-party beneficiaries of Sections 9, 10, 14, 15, 16, and 17 and may enforce those Sections with respect to a Program-related Dispute.
17.2 Broad Scope. "Dispute" will be given the broadest meaning permitted by law and includes claims arising from Program activity occurring before acceptance of this version only to the extent the parties validly agreed, after legally sufficient notice, to arbitrate those claims and applicable law permits that application. Nothing in these Messaging Terms creates retroactive assent where none exists. Dispute does not include a disagreement concerning patents, copyrights, trademarks, trade secrets, piracy, or unauthorized use of intellectual property.
17.3 Federal Arbitration Act and Delegation. These Messaging Terms evidence a transaction involving interstate commerce. The Federal Arbitration Act and federal arbitration law govern this arbitration agreement. A court will decide whether a contract or agreement to arbitrate was formed, whether legally sufficient assent exists, whether a timely arbitration opt-out was submitted, whether the informal process in Section 17.5 was completed, the enforceability of the Class Action and Representative Action Waiver, and the treatment of public injunctive relief to the extent applicable law requires court determination. Except for those issues and any issue that non-waivable law assigns to a court, the arbitrator will decide disputes concerning interpretation, scope, applicability, validity, and enforceability of this arbitration agreement.
17.4 Right to Opt Out of Arbitration. You may opt out of this arbitration agreement within thirty days after you first accept these Messaging Terms. The notice must be personally signed by you and include your name, address, email address, the mobile telephone number at issue, and a clear statement that you wish to opt out of arbitration. Send the notice by email with the subject line "Arbitration Opt-Out" to help@microperfumes.com or by mail to Perfume Ventures, Inc., Attn: Legal Department, 7811 Lemona Avenue, Van Nuys, California 91405. Opting out of arbitration does not opt you out of the Program.
17.5 Mandatory Informal Dispute Resolution Process. Before commencing arbitration, the party initiating a Dispute must send the other party an individualized written notice that includes:
The initiating party's name, address, telephone number, and email address, together with counsel's contact information if represented;
Information sufficient to identify each mobile number, account, transaction, order, message, or consent record at issue;
A detailed description of the facts, dates, nature, and legal basis of each claim;
The nature and basis of the relief requested, including a detailed calculation of monetary relief; and
The personal handwritten or electronic signature of the initiating party and, if represented, counsel.
A notice to MicroPerfumes must be sent by email with the subject line "Notice of Dispute" to help@microperfumes.com or by mail to Perfume Ventures, Inc., Attn: Legal Department, 7811 Lemona Avenue, Van Nuys, California 91405. We may send a notice to your most recent contact information. If we do not have your mailing address, you authorize us to send a non-marketing text requesting it.
For sixty days after receipt of a complete notice, subject to extension by agreement, the parties and their counsel will negotiate in good faith. The receiving party may request a telephone or video settlement conference. If requested, you and a MicroPerfumes representative will personally attend with counsel, if represented, at a mutually convenient time. Compliance with this process is a condition precedent to commencing arbitration, but not to filing an eligible individual small claims action. Applicable limitation periods will be tolled from receipt of a complete notice through completion of this process.
A court of competent jurisdiction may decide whether a notice is sufficient or whether this process has been completed, stay a proceeding pending compliance, and enjoin the filing or prosecution of an arbitration demand until the process is completed. Nothing limits a party's right to raise noncompliance before the arbitrator or seek available relief for material noncompliance.
17.6 Arbitration Administrator and Rules. Arbitration will be administered through the platform provided by New Era ADR, Inc. under its Virtual Expedited Arbitration Rules and Procedures, General Rules and Procedures, applicable fee schedule, and, when applicable, Mass Arbitration Rules and Procedures, as in effect when the demand is properly filed, except as modified by these Messaging Terms. The current rules are available at https://www.neweraadr.com/rules-and-procedures/. No later-adopted rule or procedure will apply to the extent it materially reduces a consumer protection expressly provided by this Section or non-waivable law. The parties consent to New Era ADR as the arbitral forum and to its electronic platform, notices, and administration, subject to the express protections in this Section.
If New Era ADR is unavailable, refuses to administer a Dispute, or cannot lawfully administer it, the parties will attempt in good faith to select a substitute administrator with comparable consumer protections and mass-arbitration procedures. If they cannot agree, a court may appoint an administrator or arbitrator under Section 5 of the Federal Arbitration Act. To the maximum extent practicable and lawful, the selected administrator will apply the substantive procedures stated in this Section and the New Era ADR rules referenced above.
17.7 Fees and Attorneys' Fees. Consumer filing and arbitration fees will be allocated under these Messaging Terms, the applicable New Era ADR rules and fee schedule, and applicable law. A consumer will not be required to pay more than the amount permitted by applicable consumer-arbitration standards or more than the filing fee for a comparable court action where applicable law so requires. MicroPerfumes will pay the remaining administrator and arbitrator fees required of the business. Each party is responsible for its own attorneys' fees and expenses unless a statute, the governing arbitration rules, or a final finding of sanctionable bad-faith conduct authorizes an award after notice and an opportunity to be heard.
17.8 Mass Arbitration Procedures. New Era ADR's mass arbitration procedures apply when twenty-five or more individually filed cases against common or related respondents arise from common issues of law and fact and are brought by the same law firm or coordinated group of law firms, as further defined by New Era ADR's then-current rules. Those procedures may include bellwether cases, a mandatory non-binding settlement conference, individualized adjudication, Lead Decisions, and a Precedent Opt-Out Process. The parties agree that:
Each demand must be individually filed and must identify the claimant, mobile number, claim-specific facts, requested relief, and a personal handwritten or electronic signature;
Counsel will meet and confer in good faith to streamline procedures, conserve resources, identify common and individualized issues, and explore resolution;
Only the presiding neutral may make factual and legal determinations concerning the mass arbitration proceeding;
Each claim must ultimately be considered and decided on its individual facts, subject to the limited use of Lead Decisions and the Precedent Opt-Out Process provided in the New Era ADR rules; and
Fees will become due and be allocated as directed by New Era ADR under the applicable rules, fee schedule, the parties' valid contractual allocation, and applicable law.
17.9 Arbitrator Selection; Substantive Law; Certifications and Sanctions. The arbitrator will be selected under New Era ADR's rank-and-strike process unless the parties agree otherwise or applicable law requires another method. Except as otherwise required by non-waivable law, the arbitrator will apply the substantive law of the State of California and the federal judicial circuit in which MicroPerfumes' principal place of business is located, without regard to conflict-of-law principles.
By signing or submitting an arbitration demand, pleading, or other communication, a party and counsel make the good-faith certifications required by the applicable New Era ADR rules and applicable law, including that factual contentions have or are likely to have evidentiary support, legal contentions are warranted by law or a non-frivolous argument, and the submission is not presented for harassment, improper leverage, unnecessary delay, or another improper purpose. The arbitrator may impose only sanctions authorized by the governing rules or applicable law after notice and an opportunity to respond.
17.10 Relief; Decision; Confidentiality. The arbitrator may award on an individual basis any remedy available in court under applicable law, including declaratory, injunctive, statutory, compensatory, punitive, or attorneys' fee relief where authorized. The arbitrator will issue a written decision and a reasoned decision where required by law, the governing rules, or a valid request under those rules. Judgment may be entered in any court with jurisdiction. The award is final and binding, subject only to confirmation, modification, correction, or vacatur rights available under the Federal Arbitration Act and other non-waivable law. Confidentiality will be governed by the New Era ADR rules, applicable law, and any appropriate protective order. Nothing prevents a party from communicating with counsel, witnesses, experts, insurers, auditors, regulators, government agencies, or others as reasonably necessary to pursue or defend a legal right or comply with law.
17.11 Public Injunctive Relief. The arbitrator may award public injunctive relief to the extent permitted in arbitration by applicable law. If applicable law requires a particular claim for public injunctive relief to be decided by a court, that claim will be severed and, to the extent permitted by law, stayed pending completion of arbitration of the arbitrable claims. Nothing in this Section waives public injunctive relief that applicable law makes non-waivable.
17.12 No Class Actions or Juries. YOU AND MICROPERFUMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY MAY BRING, JOIN, CONSOLIDATE, OR PARTICIPATE IN A CLASS, COLLECTIVE, COORDINATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION, AND AN ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON EXCEPT TO ADMINISTER INDIVIDUAL DEMANDS UNDER THE MASS ARBITRATION PROCEDURES EXPRESSLY INCORPORATED ABOVE. YOU AND MICROPERFUMES WAIVE THE RIGHT TO A JURY TRIAL FOR ANY PROGRAM-RELATED DISPUTE THAT PROCEEDS IN COURT.
17.13 Future Changes to Arbitration. If MicroPerfumes makes a material future change to this arbitration agreement, including adoption of an arbitration-provider rule change that materially reduces an express consumer protection, an existing participant may reject only that change by sending a personally signed notice within thirty days after receiving legally sufficient notice. Administrative formatting, contact-information updates, and rule-reference updates that do not materially reduce rights are not material changes. The notice must include the information required for an arbitration opt-out and state that the participant rejects the change. If timely rejected, the arbitration agreement in effect immediately before the change will continue to govern. Rejection of a future change does not constitute an opt-out from arbitration altogether.
17.14 Invalidity and Survival. If any portion of this Section is invalid or unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will remain in effect. If the Class Action and Representative Action Waiver is unenforceable as to a particular claim, that claim will proceed in court and not in class arbitration. This Section survives opt-out from or termination of the Program.
18. Miscellaneous
You represent that you have the authority to accept and perform these Messaging Terms and that doing so does not breach another contract or obligation. A failure to enforce a provision is not a waiver. If a provision outside Section 17 is invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remainder will remain in effect. We may assign these Messaging Terms in connection with a merger, reorganization, financing, sale of assets, or similar transaction.
We may update these Messaging Terms from time to time, and new Program features, changes, updates, or improvements will be subject to the version validly made applicable to them unless expressly stated otherwise. We will communicate material changes by posting the updated terms and, where required or reasonably appropriate, by text, email, account notice, or another reasonable method. Material changes to arbitration or another provision requiring affirmative assent will apply only after legally sufficient notice and assent. Prior to legally sufficient notice, the version last made available to you continues to govern. Continued participation after the effective date of a properly noticed non-material change may constitute acceptance, subject to Section 17.13. No update retroactively eliminates a non-waivable accrued right. Earlier conduct is governed by the version validly accepted and applicable law.
Sections that by their nature should survive termination, including Sections 9, 10, and 14 through 18 and Appendix A, will survive your opt-out or the end of the Program.
Appendix A
MicroPerfumes Do Not Call Policy - Text Messaging
Regulatory Summary. The federal Telephone Consumer Protection Act, related FCC regulations, the Federal Trade Commission's Telemarketing Sales Rule where applicable, and state telemarketing laws regulate specific marketing calls and text messages. MicroPerfumes is committed to maintaining reasonable written procedures, training, records, consent evidence, and suppression controls designed to comply with applicable do-not-call and consent requirements.
Policy. For marketing SMS, MMS, RCS, or other text messages subject to telemarketing requirements, it is our policy not to send messages:
Using an automatic telephone dialing system or another technology requiring prior express written consent unless we have the required consent;
To a mobile number on our internal do-not-call or suppression list, unless the subscriber subsequently provides new prior express written consent that legally authorizes re-enrollment; or
At a time, in a manner, or in a jurisdiction prohibited by applicable law based on information reasonably available to us and our service providers.
How to Submit a Do Not Call Request. You may request placement on our internal do-not-call list by:
Replying STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to a Program message;
Sending another text that reasonably and clearly communicates your desire to stop marketing messages;
Emailing help@microperfumes.com and clearly requesting removal while identifying the applicable mobile number; or
Using another reasonable revocation method we make available or applicable law requires us to honor.
Processing and Retention. We will use reasonable processes to identify and honor opt-out requests, including requests that do not use a standardized keyword. We will record a valid request and place the applicable number on our internal do-not-call or suppression list within a reasonable time and no later than ten business days after receipt, unless a shorter period is required by law. We will maintain the do-not-call record for at least five years, or longer when reasonably necessary to honor the request, document compliance, or defend legal claims.
Written Procedures and Training. We maintain written procedures for our internal do-not-call list and train personnel and service providers involved in telemarketing or opt-out processing regarding those procedures. We require reasonable coordination among our messaging platform, ecommerce systems, customer-support channels, and other systems that may send messages on our behalf. MicroPerfumes remains responsible for failures to honor valid requests recorded or maintained by a service provider acting on its behalf to the extent provided by law.
New Consent and Number Changes. A number will remain suppressed unless the subscriber later provides new prior express written consent sufficient to rejoin the applicable marketing program. If you change, deactivate, transfer, port, or relinquish an enrolled number, you agree to notify us before doing so by replying STOP to a Program message or emailing help@microperfumes.com. You must separately submit a request for any new number you also want placed on the internal do-not-call list.