Terms of Service
These Terms and Conditions of Use (the “Terms of Use”) apply to the use of Viori’s website (the “Website”) located at 1123 N 1430 W Orem, UT 84057. Please read the Terms of Use carefully before using the Website. Viori reserves the right to change, modify, add, or remove portions of these Terms of Use at any time, and in its sole discretion. It is the user’s responsibility to check these Terms of Use for changes. Any continued use of the Website following the posting of any changes by Viori will mean that you accept and agree to all changes. By continuing to use the Website, you agree with the Terms of Use and in exchange, Viori grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
PRIVACY POLICY
Before you continue using our website, we advise you to read our Privacy Policy regarding our user data collection. Our Privacy Policy applies to the use of the Website and the terms of that Privacy Police are made a part of these Terms of Use by this 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.
CONTENT
All content published on the Website (including all text, graphics, interfaces, photographs, trademarks, logos, music, artwork, and computer code) is the property of or is licensed by Viori Beauty LLC or its content creators. Such content is protected by national and international copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
USE OF THE WEBSITE
Viori grants you a limited, personal, nontransferable, revocable license to access and use the Website in the manner presented by Viori. You may not attempt to gain unauthorized access to any portion of the Website or any other systems or networks connected to the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website. You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. In addition to the other conditions of use set forth herein, you agree that:
- You shall not disguise the origin of information transmitted through the Website;
- You will not place false or misleading information on the Website;
- You will not use or access any service, information, application, or software available via the Website in a manner not expressly permitted by Viori;
- You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, or other computer routines that are intended to damage or interfere with the Website.
Additionally, you agree to use the Website in strict compliance with all applicable laws, ruling, and regulations and in a fashion that does not, in the sole judgment of Viori, negatively reflect on the goodwill or reputation of Viori and shall take no actions which would cause Viori to be in violation of any laws, rulings, or regulations applicable to Viori.
TERMINATION OF USE
You agree that Viori, in its sole discretion and without prior notice to you, may terminate or suspend your use of the Website at any time and for any or no reason, even if access and use continues to be allowed to other users. Upon such suspension or termination, you must immediately discontinue use of the Website and destroy any copies you have made of any portion of the Content. Accessing the Website after such termination shall constitute an act of trespass.
APPLICABLE LAW
By visiting and using the Website, you agree that the laws of the State of Utah, without any regard to principles of conflict laws, will govern these Terms of Use. Any proceeding arising out of or relating to your use of the Website or any of the services or goods available therefrom, shall be instituted in the appropriate court in the State of Utah
DISCLAIMER OF WARRANTIES
Viori makes no representations about the results to be obtained from using the Website. The Website is provided on an “as is” basis. Viori disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. Viori makes no representations or warranties about the accuracy, completeness, security, or timeliness of the content, information, or services provided on or through the use of the Website. No information obtained by you from the website shall create any warranty not expressly stated by Viori in these Terms of Use.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Viori be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages resulting from lost data or business interruption resulting from the use of or inability to use the Website. Viori is responsible only for actual damages and only to the extent permitted by applicable law and only when Viori is found responsible for such actual damages.
INDEMNIFICATION
You agree to indemnify Viori and its officers, directors, shareholders, and agents against any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Viori by any third party due to or arising out of or in connections with your use of the Website.
FEEDBACK / COMMENTS / REVIEWS
Any feedback, comments, or reviews provided by you at the Website shall be deemed non-confidential and may be used freely by Viori on an unrestricted basis.
MODIFICATIONS
As stated previously herein, Viori may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use constitute your acceptance of those changes. Any aspect of the Website may be changed, supplemented, deleted, or otherwise updated without notice at the sole discretion of Viori.
SCOPE OF AGREEMENT
You may not assign these Terms of Use or any of your interests, right, or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No Waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
COMPLETE AGREEMENT
Except as expressly provided in a separate license, service, or other written agreement between you and Viori, these Terms of Use constitute the entire agreement between you and Viori with respect to the use of the Website
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.