Last Updated: July 27, 2026
Perfume Ventures Inc. (hereinafter, "MicroPerfumes," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Messaging Privacy Policy.
By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. In arbitration there is less discovery and appellate review than in court. Please review carefully.
By opting in to or participating in any of our Programs, 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 initiate litigation or bring legal claims against any party. Your good-faith participation in the Program, and the consequences of asserting fraudulent, bad-faith, or frivolous claims, are addressed in Section 16 (Good-Faith Participation; Remedies for Fraudulent or Bad-Faith Claims) below.
This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.
1. User Opt In
Consent to Receive Recurring Automated Messages. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (including cart reminders) from MicroPerfumes, including messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You further consent to receiving messages that include artificial or prerecorded voices. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else's, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
Compliance With Messaging Hours. We endeavor to send marketing messages only during times permitted by applicable federal and state law, based on location, time-zone, area-code, and other information reasonably available to Us and Our service providers. Message delivery times may nevertheless be affected by factors outside of Our control, including carrier delays, network congestion, device availability, or other technical circumstances, which may result in a message being delivered later than the time at which it was sent.
Consent to Receipt of Electronic Information and E-Sign. Notwithstanding anything herein to the contrary, you understand that applicable law may require Us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing messages. By opting-in to Our messaging program, you authorize Us to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing us at help@microperfumes.com. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access; and (ii) available storage space on that device to download a copy of this webpage, or access to a connected printer to print a copy of this webpage.
Disclosure of Data and Receipt of One Time Messages to Identify Device and Prevent Fraud. You authorize the use or disclosure of information about your account and your wireless device, if available, by or to your wireless carrier, MicroPerfumes or Our service provider(s), including Klaviyo, Inc. ("Klaviyo"), to help identify you or your wireless device when you opt-in to receive text messages from MicroPerfumes and to endeavor to detect and prevent fraud. Further, you consent to the transmission of one-time passcodes or other messages to confirm your intent to subscribe to our recurring message program. See our Messaging Privacy Policy for how we treat your data.
2. User Opt Out
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you may reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us to opt out of the Program. You may also revoke your consent or request to opt out through any other reasonable means permitted by applicable law, including by sending a clear request to stop receiving marketing text messages to help@microperfumes.com and identifying the mobile telephone number you wish to opt out. We will honor valid opt-out and consent-revocation requests within a reasonable time and no later than required by applicable law. Our messaging platform may also recognize other words or phrases that reasonably communicate an intent to stop receiving messages. You may receive one additional non-marketing mobile message confirming your decision to opt out or, where permitted, seeking clarification regarding the scope of your opt-out request. After your opt-out request has been processed, you may continue to receive non-marketing or transactional communications where permitted by law and where separately authorized or necessary to provide a requested service. Our Messaging Do Not Call Policy is attached to these Terms of Service as Appendix A.
3. Other Terms and Policies
You also agree to our Messaging Privacy Policy.
4. Program Description
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updates via email), other transactional-related messages and sale of goods and services. Messages may include checkout reminders.
5. AI-Generated Message Content
You are advised that from time to time We may utilize certain generative artificial intelligence (AI) services provided by third-parties to develop or suggest the content of messages that we choose to send to you. This may include AI-generated voices. Some of these messages may be tailored to your interests based on information available to Us. By enrolling and remaining in the program, You agree to the use of AI and further that Our use of these AI services does not make those third-parties either senders or initiators of the messages or otherwise responsible for the messages.
6. Message Frequency, Cost and Changes
Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as 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 Our messages are sent.
7. Support Instructions
For support regarding the Program, text "HELP" to the number you received messages from or email us at help@microperfumes.com. To opt out of marketing messages, follow the procedures described in Section 2 above. A clear opt-out or consent-revocation request sent to help@microperfumes.com will also be honored in accordance with applicable law.
8. RCS and MMS Disclosure
The Program may send SMS or MMS messages if your mobile device does not support RCS. The Program will send SMS messages if your mobile device does not support MMS messaging.
9. Our Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
10. Supported Devices
The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. MicroPerfumes, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
11. Contact
This Program is a service of MicroPerfumes, located at 7811 Lemona Avenue, Van Nuys CA 91405, US.
12. Age Restriction
You may not use or engage with the Program if you are under eighteen (18) years of age. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Program. If we have reason to believe that you are under eighteen (18) years of age, we reserve the right to remove you from the Program.
13. Prohibited Content
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
14. State Telemarketing Laws & Residency
To the extent the law is relevant and applicable to the Program, we endeavor to comply with applicable state telemarketing laws, including, but not limited to, the Florida Telemarketing Act and Florida Do Not Call Act, the Oklahoma Telephone Solicitation Act of 2022, the Maryland Stop the Spam Calls Act of 2023, New Jersey's Senate Bill 921 (2023), and the Virginia Telephone Privacy Protection Act. For purposes of compliance with federal and state laws, you agree that we may assume that you are a resident of a particular state if, at the time of opt-in to the Program, the area code for the phone number used to opt-in to the Program is an area code associated with that state. Further, You agree that You will not assert that you are a resident of a state other than the state applicable to your area code unless you affirmatively advise us in writing that you are a resident of a specific state by sending written notice to us. You further agree that any mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a "commercial telephone solicitation phone call", "telephonic sales call", "telemarketing sales call", "telephone solicitation", or "unsolicited telemarketing sales call" for purposes of federal and state laws, to the extent the law is otherwise relevant and applicable.
15. Subscribers Located in Texas
Insofar as Texas law applies to your receipt of one or more text messages, and for purposes of applying Texas Business & Commerce Code Sections 302.058 and 302.059, the parties agree to the following construction. First, the word "customer" shall be interpreted in a manner consistent with the broadest dictionary definition and common usage. Customer shall not be interpreted to require the purchase of a product or service. Second, the word "establishment" shall be interpreted in a manner consistent with the broadest dictionary definition and common usage. Establishment shall not be interpreted to require the operation of a physical store, but rather shall include establishments that sell goods and services through an online store.
16. Good-Faith Participation; Remedies for Fraudulent or Bad-Faith Claims
a. Good-Faith Representations. When you opt in to, and while you remain enrolled in, any Program, you represent, warrant, and agree, on an ongoing basis, that: (i) you are the subscriber or a customary, authorized user of each mobile number you enroll; (ii) the information you provide, including your identity and your consent to receive messages, is true, accurate, and not misleading; (iii) you are enrolling because you genuinely wish to receive messages from the Program, and not for the purpose, in whole or in part, of soliciting, manufacturing, fabricating, or initiating any claim, demand, or litigation; and (iv) you will use the opt-out, HELP, and consent-revocation mechanisms described in these Terms in good faith and as they are actually described, and you will do so promptly upon no longer desiring to receive messages from the Program.
b. Prohibited Conduct. You agree that you will not, and will not assist any other person to: (i) enroll a number under false pretenses, or misrepresent your identity, your authority over a number, your consent, or whether or when you revoked consent; (ii) use any device, software, number-spoofing, mail-drop, automated routine, or other artifice designed to generate, multiply, or fabricate messages, opt-outs, or evidence in order to create or inflate a claim; or (iii) participate in, or interact with, a Program as part of a scheme or pattern intended to manufacture a claim, demand, or lawsuit, including under the Telephone Consumer Protection Act (TCPA) or any analogous federal, state, or local law.
c. Remedies for Fraudulent, Bad-Faith, or Frivolous Claims. If, in any Dispute between you and Us (or a service provider acting on Our behalf), the arbitrator or, where applicable, a court finds, or it is otherwise established by clear and convincing evidence, that (i) a claim or demand you asserted was based on a material breach of Section 16(a) or Section 16(b); (ii) a claim or demand you asserted was frivolous, lacked substantial justification, or was brought or maintained in bad faith or for an improper purpose, including within the meaning of the certification and sanctions provisions of Section 16; (iii) you assert a putative class action with the intention of increasing settlement leverage rather than an objectively reasonable basis to represent and certify a class under the applicable legal standard; or (iv) your participation in the Program was procured through fraud or material misrepresentation, then you agree to reimburse Us and any affected service provider for the reasonable attorneys' fees, expert fees, and costs incurred in defending against, and in establishing the fraudulent, bad-faith, or frivolous character of, that claim. This obligation applies whether the claim is asserted as a claim, counterclaim, or cross-claim, and survives any voluntary dismissal or withdrawal of the claim.
d. Indemnification. You shall indemnify, defend, and hold harmless Us and Our service providers from and against any losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your breach of Section 16(a) or Section 16(b). The parties expressly intend that this indemnification applies both to claims brought by third parties and to claims, demands, and actions between you and Us (or Our service providers), and that it includes attorneys' fees and costs incurred in an action or proceeding between the parties to enforce these Terms or to defend a claim covered by Section 16(c).
e. Preservation of Rights; Construction. This Section is not intended to, and shall not be construed to, waive, limit, or penalize the good-faith exercise of any right under the TCPA or any other law, or to exempt Us from liability for Our own violation of law. The remedies in this Section are available only upon the findings described above and only as to fraudulent, bad-faith, or frivolous conduct. To the extent, and only to the extent, that applicable law requires a contractual attorneys'-fee provision to be construed as reciprocal, this Section shall be so construed with the same limitations. If any portion of this Section is held unenforceable, it shall be limited or severed to the minimum extent necessary, and the remainder shall remain in full force and effect.
17. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver)
Our Customer Service Specialists are ready to assist you and address your concerns - email us at: help@microperfumes.com.
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THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MicroPerfumes WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION. |
Binding Individual Arbitration: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Klaviyo, Inc. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate ("Dispute"), such Dispute will be, to the fullest extent permitted by law and applicable rules, determined by arbitration before one arbitrator, provided, however, that no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Dispute will be given the broadest possible meaning permitted by law. It includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms and Conditions (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of a purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms and Conditions and our relationship with you and Klaviyo, Inc. or any other third-party service provider acting on Our behalf. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues that relate to the scope, validity, and enforceability of the Agreement. You and MicroPerfumes agree that these Terms and Conditions evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.
Your Right to Opt Out of Arbitration. You may opt out of the agreement to arbitrate within thirty (30) days after you first opt in to the Program. To opt out, send written notice stating that you wish to opt out of the arbitration agreement, together with your name and the mobile telephone number at issue, by email to help@microperfumes.com. If you do not opt out within thirty (30) days, you and MicroPerfumes will be bound to resolve Disputes through binding individual arbitration as set forth in this section.
Mandatory Informal Dispute Resolution Process. If you and MicroPerfumes have a Dispute, you and MicroPerfumes agree to make a good faith effort to informally resolve it. The party initiating the Dispute must send a written notice to the other party that describes the Dispute. The notice must include all of this information: (a) the initiating party's contact information (including name, address, telephone number, and email address) (with their counsel's contact information, if represented); (b) sufficient information to enable the other party to identify any phone number(s), transaction(s), or account(s) at issue; and (b) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented).
If you have a Dispute with us, you must send this notice, including all of the information referenced above, by email to: help@microperfumes.com or by mail to: 7811 Lemona Avenue, Van Nuys CA 91405, US. If we have a Dispute with you, we will send this notice, including all of the information referenced above, to you at the most recent contact information we have on file for you or, if we do not have a mailing address on file, you authorize us to text you at the phone number we have available to seek your mailing address.
For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), you and we (and counsel, if you and we are represented) agree to negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone or video settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a MicroPerfumes representative will personally attend (with counsel, if you and we are represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.
If the Dispute is not resolved within sixty (60) days after receipt of a completed notice (which period can be extended by agreement of the parties), you or MicroPerfumes may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to you or MicroPerfumes commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process Arbitrator. You or we may commence arbitration only if the Dispute is not resolved through compliance with this Process.
Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. 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 as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).
Arbitration Proceedings and Rules, Including Provisions Governing Mass Arbitrations. The following rules and procedures shall apply:
Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by the Terms. New Era ADR's Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/. Please review these procedures carefully because they may impact how your complaint is handled and these procedures differ from those that would otherwise apply if you elected to pursue your claim individually in small claims court.
When You initiate arbitration, the only fee You are required to pay is New Era's consumer filing fee, which is currently a maximum of $300 for a consumer. All other fees or expenses charged by New Era ADR will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). You are responsible for fees and expenses owed to your legal counsel, if any, unless the arbitrator determines that an award of attorney's fees is warranted under applicable law.
Mass Arbitration Provisions
New Era ADR's rules and procedures include unique procedures for "mass arbitrations," which are situations in which twenty-five (25) or more cases are filed that arise out of common issues of law and fact and are brought by the same law firm or group of law firms. Mass arbitration procedures are designed to provide for a more cost-effective resolution of disputes. Those mass arbitration procedures call for a limited number of cases to be treated as "bellwether" cases to be resolved on the merits earlier than other cases as an opportunity to help the parties determine if settlement of the remaining cases may be possible. Settlement is not required and each individual may elect not to participate in the settlement process. Thereafter, as described in the New Era Rules, the arbitrator must individually decide each claim on its own facts, giving due consideration to the facts and arguments advanced in each case, and any party may invoke the Precedent Opt-Out Process set forth in the New Era ADR Rules. These Procedures for Mass Arbitrations are designed to (a) lead to the streamlined and cost-effective resolution of claims; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (c) preserve the integrity of the arbitration process. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and New Era ADR's resources.
Only the presiding Neutral may make determinations of fact or reach conclusions of law with respect to a Mass Arbitration Proceeding. Ultimate authority to determine whether cases arise out of Common Issues of Law and Fact rests with the presiding Neutral. If the presiding Neutral determines that one or more cases assigned to a Mass Arbitration Proceeding do not arise out of Common Issues of Law and Fact, or otherwise do not meet the definition of a Mass Arbitration, each such case will be removed from the Mass Arbitration Proceedings. Those Bellwether Cases will proceed individually, but in parallel to the extent possible. The Neutral will issue a reasoned Lead Decision in each Bellwether Case. Although a Neutral may consider the analysis and result reached in prior Lead Decisions in deciding disputes in the same Mass Arbitration proceeding the Neutral in all events must individually decide each claim asserted by each party in a Mass Arbitration proceeding, giving due consideration to the facts and arguments advanced by the Parties in each case.
New Era ADR's rules and procedures provide parties to mass arbitrations with the right to obtain certain information relating to bellwether cases and decisions that may impact their cases. You are encouraged to review those rules closely to understand how your rights may be impacted.
If any provision of this Agreement is deemed by an arbitrator not to comply with the Minimum Fairness Standards published by New Era ADR and available at https://www.neweraadr.com/ then the Minimum Fairness Standards should be deemed to be incorporated by reference and any offending provision shall be deemed unenforceable.
The arbitrator shall be selected pursuant to New Era ADR's standard rank and strike process, as set forth in New Era ADR's General Rules and Procedures.
Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the state and Federal Judicial Circuit in which Perfume Ventures Inc.'s principal place of business is located, without regard to its conflict of laws rules.
By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (a) the Dispute Resolution provisions of this agreement and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would.
The arbitrator may award any relief or remedy that would be available in a court of law, including attorneys' fees and punitive damages where permitted by statute and is permitted to apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.
The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions. In the event of a Mass Arbitration, the parties agree that, for the sake of efficiency, an arbitrator's written decision may address some or all of the cases jointly. However, a written decision that jointly addresses some or all of the cases does not conflict with the requirement that the Neutral in all events must individually decide each claim asserted by each party in a Mass Arbitration proceeding.
Notwithstanding anything contained in the New Era ADR rules, the decision of the arbitrator shall be final and binding on both parties, but either party shall have rights of appeal expressly provided in section 10 of the FAA.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if MicroPerfumes makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to 7811 Lemona Avenue, Van Nuys CA 91405, US, 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 MicroPerfumes.
No class actions or juries. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND MicroPerfumes ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN COURT AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding EXCEPT as provided in this Agreement.
Invalidity and Survivability. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Future Changes to Dispute Resolution Section. Notwithstanding any provision to the contrary, you and we agree that if MicroPerfumes makes any future changes to this arbitration agreement (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to MicroPerfumes at 7811 Lemona Avenue, Van Nuys CA 91405, US. The written notice must include the following information: (a) your name, address, phone number, and email address and (b) a statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change to the arbitration agreement, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this version of the arbitration agreement.
18. Miscellaneous
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.