TEXT MESSAGING POLICY
Soma + Psyche Text Messaging Terms & Conditions
Last updated: March 2023
Please read these Text Messaging Terms & Conditions (the “Terms”) carefully. By signing up for one or more text message programs (“Programs”), or by submitting your telephone number or otherwise agreeing to receive text messages from or on behalf of Soma + Psyche and partnering companies, you agree to be bound by these Terms, Soma + Psyche’s Terms of Service, and any other applicable terms related to your use of Soma + Psyche’s services.
PLEASE NOTE: THESE TERMS CONTAIN AN AGREEMENT TO RESOLVE ANY DISPUTES THROUGH BINDING, INDIVIDUAL-ONLY ARBITRATION WITHOUT JURY TRIAL AND A CLASS ACTION WAIVER, AS DETAILED IN THE “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT” SECTION, BELOW.
By using, taking part in, and/or opting in to one or more Programs, you expressly consent to receive marketing and/or non-marketing text messages from Soma + Psyche and any and all others texting on Soma + Psyche’s behalf, including, but not limited to, its service partners, including text messages which may utilize or be sent using an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other type of systems, softwares, hardwares, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages, at the mobile telephone number associated with your opt-in. You may opt out of these communications at any time, and your consent to receive marketing text messages is not required and is not a condition to purchase any goods or services.
As set forth above, Soma + Psyche and/or its service providers and others may use an autodialer and/or related systems to deliver text messages (including, but not limited to, SMS and MMS) to the phone number(s) that you provide. Text messaging may include one-time or recurring texts related to, but not limited to, the following programs:
Marketing and Promotional Programs: By opting into a Soma + Psyche marketing Program, you can expect to receive recurring marketing, promotional, advertising, informational and other similar messages regarding sales, discounts, loyalty programs, reward certificates, abandoned cart reminders and other offers, in varying frequencies at the mobile telephone number provided when opting in.
Service Appointments: You may provide your mobile telephone number to opt in to receive text messages about appointments, services and/or reminders and updates related to same.
Order Tracking and Delivery Alerts: You may provide your mobile telephone number to opt in to receive text messages about your orders, shipments, and/or deliveries and updates related to same.
On-Demand Text Message Reply Services: You may send a text requesting certain types of on-demand text message reply services from Soma + Psyche, including but not limited to the following: text to receive a link to sign-up for loyalty programs, text to sign-up for email marketing programs, text to receive a link to save a coupon or similar item to your mobile telephone or digital wallet, text to download the Soma + Psyche Mobile App, or text to receive a link to enter or make entry to a sweepstakes. These text messages are not ongoing recurring Programs and therefore you will only receive the information you specifically request in reply.
Back in stock notifications: By opting into a Soma + Psyche Back in Stock alert, you can expect to receive text messages pertaining to updates about when a product is, or will be, re-stocked.
How to Opt In
To opt in to a Program, please follow the instructions provided by the specific Program you wish to enroll in, such as through online or application-based enrollment forms or by texting a keyword to the five-digit short code associated with the Program (the “Short Code”), and completing the sign-up instructions found in the text message received. Upon your request to sign-up to a recurring Program, you will receive two (2) text messages as part of the process confirming your desire to opt-into the Program (first an opt-in request message, and once you have replied “Y” you will receive a sign-up confirmation message).
How to Opt Out
If you do not wish to continue participating in any Program, or no longer agree to these Terms, text the applicable Short Code or directly reply to any message received from a Program with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out of that Program at any time. You may receive an additional mobile message confirming your decision to opt out. You understand that the text message program may not recognize and respond to unsubscribe requests that contain words or phrases other than those set forth above and agree that Soma + Psyche and its service providers will have no liability for failing to honor such requests. You may be subscribed to multiple Programs across different Short Codes, and therefore you must separately text or reply STOP to each Short Code from which you wish to unsubscribe.
Message frequency will vary depending on which Program(s) you sign up for. You may receive text messages, including but not limited to, when:
You are welcomed to the Program
An order has been placed or an appointment has been scheduled
An item or items have been shipped, is out for delivery, and/or when it arrives
An item or items are ready for in-store pick up
There are general marketing or promotions
An item comes back into stock
To remind you about items that were left in your cart
Soma + Psyche reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Soma + Psyche also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Message and data rates may apply. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving text messages. You are solely responsible for any costs related to or associated with your receipt of text messages, as set forth more fully in these terms.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Soma + Psyche, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile USA.. Minor carriers: Indigo Wireless, MetroPCS, Bluegrass Cellular, Illinois Valley Cellular, Viaero Wireless, Pine Belt, GCI Communications, Nex Tech Communications, Shelcomm, Duet Wireless, Inland Cellular, James Valley Cellular (JVC), Standing Rock Telecom, Cross Wireless, Northwest Missouri Cellular, Alaska Communications Systems (ACS), Thumb Cellular, Carolina West Wireless, Union Telephone, MTPCS Cellular One (Cellone Nation), Cordova, Copper Valley Telecom, ASTAC, Rural Independent Network Alliance (RINA), West Central Wireless, Chat Mobility, SouthernLINC, Panhandle Wireless, Cellcom, Truphone, Google Voice, United Wireless, bandwidth.com (includes Republic Wireless), Altice Mobile, Atlantic Tele-Network International (ATNI), Brightlink, Inteliquent, Aerialink, Blue Wireless, Chariton Valley Cellular, Digital Communications Consulting, TextMe, Pioneer Cellular, East Kentucky Network (Appalachian Wireless), Limitless Mobile, Cellular One of N.E. Arizona, Nemont US UMTS, Nemont CDMA, MTA Wireless/Matanuska Kenai, Pine Cellular, Triangle Wireless, Telnyx, Enflick, C Spire Wireless (aka Cellular South),Virgin Mobile, Boost Mobile, United States Cellular Corp.
A Program will send SMS (Short Message Service) messages if your mobile device does not support MMS (Multimedia Messaging Service) messaging.
Access or Delivery to Mobile Network is Not Guaranteed
The Programs are 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 any Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. We are not liable for delayed or undelivered mobile messages.
Participant Device & Service Requirements
You must have a wireless device of your own, capable of 2-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Children under the age of 18 may not participate in any Program. If we become aware that a person under 18 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
We respect your privacy and will not sell or share your information.
This Agreement shall be governed by the laws of the State of Florida, without reference to conflict of laws principles. Any suit to enforce this Agreement, to the extent such suit is excluded from the binding arbitration agreement set forth herein and below, shall be brought exclusively in the State and U.S. District Courts located in Florida and the Parties hereby submit to the personal jurisdiction of such courts and waive any venue objection.
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 these Terms 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 these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of any 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 these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in any Program after any such changes, you accept these Terms, as modified.
Email us at email@example.com.
Dispute Resolution and Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Soma + Psyche agree to resolve any claims relating to these Terms, or your receipt of text messages from Soma + Psyche, or anyone sending text messages on Soma + Psyche’s behalf, including but not limited to, its service providers, through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Soma + Psyche’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Soma + Psyche may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Soma + Psyche must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. (2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, 600 Brickell Avenue, Suite 2600, Miami, FL 33131. (3) Send one copy of the Demand for Arbitration to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Soma + Psyche will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Soma + Psyche will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, Florida, or any other location we mutually agree to, subject to Florida law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Soma + Psyche, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Soma + Psyche.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Soma + Psyche in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SOMA + PSYCHE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.