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These Terms and Conditions of Use (the “Terms of Use”) apply to your access to and use of the Viori website (the “Website”), operated by Viori Beauty PBC (“Viori,” “we,” “us,” or “our”) and located at 1123 N 1430 W, Orem, UT 84057, USA.

Please read these Terms of Use carefully before using the Website. By accessing or using the Website, you agree to be bound by these Terms of Use. If you do not agree, you may not use the Website.

Viori reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to review these Terms of Use periodically. Your continued use of the Website following the posting of changes constitutes acceptance of those changes.


PRIVACY POLICY

Before you continue using our Website, we encourage you to read our Privacy Policy - Viori regarding how we collect, use, and disclose personal information. Our Privacy Policy applies to the use of the Website and is incorporated into these Terms of Use by reference.

Additionally, by using the Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others.

Additional privacy disclosures applicable to certain jurisdictions may be provided through Viori’s privacy notices and settings links, including “Your Privacy Choices,” “Do Not Sell/Share My Personal Information,” and any California-specific notices, all of which are incorporated herein by reference.


CONTENT

All content made available on or through the Website, including but not limited to text, graphics, interfaces, photographs, images, trademarks, logos, audio, video, artwork, and computer code (collectively, “Content”), is owned by or licensed to Viori and is protected by United States and international copyright, trademark, patent, and other intellectual property and unfair competition laws.

Except as expressly permitted, no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way without Viori’s prior written consent.


USE OF THE WEBSITE

Viori grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Website solely for lawful purposes and in accordance with these Terms of Use.

You agree that you will not:

  • Attempt to gain unauthorized access to any portion of the Website or related systems or networks

  • Use the Website for any unlawful or prohibited purpose

  • Take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure

  • Disguise the origin of information transmitted through the Website

  • Place false or misleading information on the Website

  • Use or access any service, information, application, or software available via the Website in a manner not expressly permitted by Viori

  • Upload or transmit viruses, worms, Trojan horses, or other malicious code

You further agree to comply with all applicable laws, rules, and regulations and to refrain from any conduct that, in Viori’s sole judgment, negatively reflects on Viori’s goodwill or reputation or causes Viori to violate any applicable law.


TERMINATION OF USE

Viori may, in its sole discretion and without prior notice, terminate or suspend your access to the Website at any time, for any reason or no reason. Upon termination, you must immediately discontinue use of the Website and destroy any copies of Content in your possession. Accessing the Website after termination may constitute trespass.


APPLICABLE LAW

These Terms of Use and any dispute arising out of or relating to the Website or your use thereof shall be governed by the laws of the State of Utah, without regard to conflict-of-laws principles, except where subject to arbitration as provided below.


DISCLAIMER OF WARRANTIES

The Website and all Content are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Viori disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

Viori makes no representations or warranties regarding results obtained from use of the Website or the accuracy, completeness, security, or timeliness of Content. No information obtained from the Website shall create any warranty not expressly stated herein.


DISCLAIMERS REGARDING CONTENT AND CLAIMS

Information, statements, descriptions, claims, images, icons, graphics, and other content on the Website are provided for general informational and educational purposes only. They are not intended to constitute medical advice, health advice, scientific conclusions, guarantees of results, or representations of product performance. Individual experiences may vary.

References to product features, ingredients, sourcing practices, environmental attributes, sustainability efforts, or cultural inspirations reflect good-faith descriptions based on information reasonably available at the time of publication and are subject to change. Nothing on the Website should be interpreted as a promise, warranty, or assurance of specific outcomes or uniformity across products, time periods, regions, or distribution channels.

Additional disclosures, explanations, and limitations applicable to claims are available on Viori’s Disclaimers page, which is incorporated herein by reference.


DEFINITIONS AND SCOPE OF CLAIMS

Unless expressly stated otherwise, sustainability, ethical sourcing, ingredient, performance, and environmental claims used by Viori are intended to be interpreted in context, based on reasonable consumer understanding, and as described within Viori’s Disclaimers and Claims Substantiation materials.

Terms such as “Fair Trade,” “Plastic-Free,” “Clean,” “Sustainable,” “Natural,” “Professional-Grade,” and similar descriptors describe specific practices, materials, or attributes and do not imply absolute conditions, third-party certification, or uniform application across all products, ingredients, regions, or time periods.

Claims may vary by product, formulation, ingredient source, packaging format, market, or availability.


NO ENDORSEMENT OR AFFILIATION

References to communities, standards, practices, organizations, or principles are provided for descriptive purposes only and do not imply endorsement, sponsorship, certification, or formal affiliation unless expressly stated.


THIRD-PARTY PLATFORMS AND CONTENT

Viori is not responsible for, and does not control, content created, displayed, reformatted, or generated by third-party retailers, marketplaces, distributors, affiliates, influencers, or external platforms. Authorized product information is defined by Viori’s official packaging, Website content, Disclaimers, and Claims Substantiation materials.


CONTINUOUS IMPROVEMENT AND FORWARD-LOOKING STATEMENTS

Statements regarding sustainability goals, sourcing practices, environmental impact, or future initiatives reflect Viori’s current intentions and objectives, which may evolve based on technological developments, supplier availability, regulatory requirements, or other factors.


CLAIMS SUBSTANTIATION AND SCOPE NOTICE

Viori endeavors to ensure that claims are truthful, not misleading, and appropriately substantiated in accordance with applicable laws and industry standards. Claims are product-specific and context-specific and may not apply universally.

Additional information regarding claim basis and scope may be found on Viori’s Claims Substantiation page, incorporated herein by reference.


LIMITATION OF LIABILITY

To the fullest extent permitted by law, Viori shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits or data, arising from your use of or inability to use the Website. Viori’s liability shall be limited to actual damages to the extent permitted by law.


INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Viori and its officers, directors, shareholders, employees, and agents from any claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising from your use of the Website or violation of these Terms of Use.


FEEDBACK / COMMENTS / REVIEWS

Any feedback, comments, reviews, or submissions you provide shall be deemed non-confidential and may be used by Viori for any lawful purpose without restriction or compensation.


MODIFICATIONS

Viori may modify these Terms of Use at any time. Continued use of the Website after changes are posted constitutes acceptance of the modified Terms.


SCOPE OF AGREEMENT

You may not assign these Terms without Viori’s prior written consent. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.


COMPLETE AGREEMENT

These Terms of Use constitute the entire agreement between you and Viori regarding use of the Website, except as expressly provided in a separate written agreement.


SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

VIORI (hereinafter, “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 Privacy Policy (the “Agreement”). 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. 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.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. 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.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@viori.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

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. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

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.

Dispute Resolution: In the event of a dispute, claim, or controversy ("Dispute") between you and Us, or between you and Klaviyo or any other third-party service provider acting on Our behalf to transmit 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, you agree to the following dispute resolution procedure:

1. Disclosure of Facts and Documents: Before initiating any formal lawsuit or demand for arbitration, the party asserting the Dispute must fully disclose all facts, evidence, and documents supporting their claim to the other party. This disclosure must be provided in writing, and the receiving party shall have sixty (60) days to review and respond (the “Review Period”).

2. Meet and Confer: After the Review Period, legal counsel for both parties (if the party is represented by counsel) must engage in a meet and confer session to attempt to resolve the Dispute. This meeting should be conducted in good faith, with the intent of reaching a resolution without the need for further legal action. This meeting shall occur within thirty (30) days of the expiration of the Review Period.

3. Mediation: If the meet and confer session fails to resolve the Dispute, the parties agree to participate in a mediation session held in Orem, Utah. Mediation will be facilitated by a neutral third party agreed upon by both parties, with the costs shared equally between them.

4. Arbitration: In the event the mediation fails to resolve the Dispute, The Dispute will be determined by arbitration in Utah before one arbitrator, to the fullest extent permitted by law. The arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. The parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the Dispute. If the parties do not agree on an arbitrator within ten (10) calendar days after the arbitration demand is served, either party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. The arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Viori’s principal place of business is located, without regard to its conflict of laws rules. The arbitrator shall have the authority to decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”) and may only award attorneys’ fees to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages, and each party waives any right to seek or recover such damages in arbitration. The arbitration shall be final and binding, with no rights of appeal except those provided in section 10 of 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. Each party shall bear its share of the arbitrator’s fees and the administration of the arbitration, although the arbitrator may order one party to pay all or any portion of such fees in a well-reasoned decision. 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, except as necessary to protect or pursue a legal right. If any term or provision of this Section is found to be 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 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.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these 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 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 this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. 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.