Terms of Service

These Terms and Conditions of Use (the “Terms of Use”) apply to the Scarlett Thomas website located at (the “Website”). Please read the Terms of Use carefully before using the Website. Scarlett Thomas reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is the user's responsibility to check these Terms of Use for changes. Your continued use of the Website after Viori posts any changes constitutes your acceptance and agreement to all changes. By continuing to use the Website, you agree to the Terms of Use, and in exchange, Scarlett Thomas grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Website.

Before you continue to use our Website, we recommend that you read our Privacy Policy regarding user data collection. Our Privacy Policy applies to the use of this Website, and the terms of that Privacy Policy are incorporated into these Terms of Use by reference. In addition, by using this Website, you acknowledge and agree that Internet transmissions are not completely private or secure. You understand that any message or information you send to this Website may be read or intercepted by others.

Content

All content published on this Site (including all text, graphics, interfaces, photographs, trademarks, logos, music, illustrations, and computer code) is the property of or licensed to Viori Beauty LLC or its content creators. Such content is protected by domestic and foreign copyright, patent, trademark, and various other intellectual property and unfair competition laws.

Use of Site

Viori grants you a limited, personal, non-transferable, revocable license to access and use the Site in the manner provided by Viori. You may not attempt to gain unauthorized access to any part of the Site or any other systems or networks connected to the Site. You agree not to take any action that imposes an unreasonable or disproportionate load on the Site's infrastructure. You may not use the Site 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 will not disguise the origin of information transmitted through the Site;

You will not post false or misleading information on the Site;

You will not use or access any services, information, applications or software made available through the Site in any manner not expressly permitted by Viori;

You will not input or upload any information to the Site that contains viruses, Trojan horses, worms or other computer programs designed to damage or interfere with the Site.

In addition, you agree to strictly comply with all applicable laws, rulings and regulations and to use the Site in a manner that, in Viori's sole judgment, will not adversely affect Viori's goodwill or reputation and not to take any action that would cause Viori to violate any law, ruling or regulation applicable to Viori.

Termination of Use

You agree that Viori may terminate or suspend your use of the Site at any time, for any or no reason, in its sole discretion, and without prior notice to you, even though other users may still access and use the Site. Upon such termination or suspension, you must immediately cease using the Site and destroy any copies you have made of any portion. Accessing the Site after termination will constitute trespassing.

Applicable Law

By accessing and using this website, you agree that these Terms of Use will be governed by the laws of the State of Utah, without regard to any principles of conflicts of law. Any action arising out of or related to your use of this website or any services or goods provided through this website shall be brought in the appropriate courts in the State of Utah.

Disclaimer

Viori makes no representations as to the results to be obtained from the use of this website. This website is provided on an "as is" basis. Viori disclaims all warranties, express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose. Viori makes no representations or warranties as to the accuracy, completeness, security, or timeliness of the content, information, or services provided on or through the use of this website. No information obtained by you from this website shall create any warranty by Viori not expressly stated 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 loss of data or business interruption arising out of your use of, or inability to use, this website. Viori will be liable only for actual damages and only to the extent permitted by applicable law and only if Viori is found liable for such actual damages.

Indemnification

You agree to indemnify Viori and its officers, directors, shareholders and agents from any demands, losses, liabilities, claims or expenses (including attorneys' fees) made against Viori by any third party arising out of or related to your use of the Site.

Feedback/Comments/Reviews

Any feedback, comments or reviews you provide on the Site will be deemed non-confidential and will be freely used by Viori without restriction.

Modifications

As set forth above, Viori may modify and update these Terms of Use at any time. Your continued use of the Site after any changes to these Terms of Use constitutes your acceptance of such changes. Viori may, in its sole discretion, change, supplement, delete or otherwise update any content on the Site without notice.

Scope of Agreement

You may not assign these Terms of Use or any of your interest, rights or obligations under them. If any provision of these Terms of Use is held invalid by any court of 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 any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Entire Agreement

Unless otherwise 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 your use of the Site

SMS/MMS Mobile Messaging Marketing Program Terms and Conditions

VIORI (“we” or “us”) offers a mobile messaging program (the “Program”) and you agree to use and participate in the Program subject to these Mobile Messaging Terms and Conditions and the Privacy Policy (the “Agreement”). By choosing to join or participate 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 further described in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other terms and conditions or the Privacy Policy that may otherwise govern your relationship with us.

User Opt-in: The Program allows users to receive SMS/MMS mobile messages by actively opting in to the Program (e.g., through an online or application-based registration form). Regardless of the opt-in method you use to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you consent to receive autodialed or prerecorded marketing mobile messages at the phone number you opted in to, and you understand that your consent is not required to make any purchases from us. Although you consent to receive messages sent using an autodialer, the foregoing should not be construed to imply or suggest 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 to participate in the Program or no longer agree to this Agreement, you agree to reply to a text message with “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “QUIT” to opt out of the Program. You may receive another text message confirming your decision to opt out. You understand and agree that the above options are the only reasonable ways to opt out. You also understand and agree that any other opt-out methods, including but not limited to sending text messages other than those described above or verbally requesting our employees to remove you from our lists, are not reasonable opt-out methods.

Notice and Indemnification Obligations: If at any time you intend to stop using the mobile number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another person, you agree to complete the user opt-out process described above before ending use of the mobile number. You understand and agree that your agreement to do so is an essential part of these Terms and Conditions. You further agree that if you stop using your mobile number without notifying us of such changes, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by us or any party assisting in the delivery of mobile information as a result of a claim brought by an individual who subsequently obtains the mobile number. This obligation and agreement will remain in effect even if your agreement to participate in any of our Programs is canceled or terminated.

You agree to indemnify, defend and hold us harmless from any claim or liability arising from your failure to notify us of changes to the information you provided, including any claim or liability arising under the Telephone Consumer Protection Act (47 USC § 227 et seq.) or similar state and federal laws, and any regulations promulgated thereunder, resulting from our attempts to contact you at the mobile phone number you provided.

Program Description: Without limiting the scope of the Program, users who opt-in to the Program may receive marketing and sales information about digital and physical products, services and events.

Fees and Frequency: Text messaging and data rates may apply. This Program includes scheduled mobile text messages and additional mobile text messages may be sent periodically based on your interactions with us.

Support Instructions: For support related to this Program, please text "HELP" to the number you received the message from, or email support@viori.com. Please note that opt-outs from this Program using this email address are not acceptable. Opt-out requests must be submitted in accordance with the procedures above.

MMS Disclosure: If your mobile device does not support MMS messaging, the Program will send an SMS TM (Termination Message).

Our Disclaimer: The Program is provided on an "as is" basis, may not be available in all areas at all times, and may not continue to work if your wireless carrier makes product, software, coverage or other changes. We are not responsible for any delays or failures in the receipt of mobile messages related to the Program. Delivery of mobile messages is dependent upon effective transmission by your wireless service provider/network operator and is beyond our control. T-Mobile is not responsible for delayed or non-delivered mobile messages.

Participant Requirements: You must own your own wireless device that supports two-way communication, use a participating wireless carrier, and be a wireless subscriber with text messaging service. Not all mobile carriers offer the service required to participate. Please check your phone features for specific text messaging instructions.

Age Limit: If you are under thirteen (13) years of age, you may not use or participate in the Platform. If you use or participate in the Platform and are between the ages of thirteen (13) and eighteen (18), you must obtain permission from your parent or legal guardian. By using or participating in the Platform, you acknowledge and agree that you are thirteen (13) years of age or older, or between thirteen (13) and eighteen (18) years of age, and have your parent or legal guardian’s permission to use or participate in the Platform, or have reached the age of majority in your jurisdiction. By using or participating in the Platform, you acknowledge and agree that you are permitted by applicable law in your jurisdiction to use and/or participate in the Platform.

Prohibited Content: You acknowledge and agree not to send any Prohibited Content through the Platform. Prohibited Content includes:

Any fraudulent, defamatory, libelous, scandalous, threatening, harassing or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, national origin, disability, sexual orientation or age;

Pirated computer programs, viruses, worms, Trojan horses or other harmful code;

Any product, service or promotion that is illegal at the time of receipt;

Any content that refers to and/or references personal health information 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 prohibited by applicable law in the jurisdiction from which the message is sent.

Dispute Resolution: If a dispute, claim, or controversy arises between you and us, or between you and Klaviyo or any other third-party service provider that transmits mobile information on our behalf within the Program (a "Dispute"), and such Dispute arises out of or concerns a federal or state statutory claim, a common law claim, 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: Prior to initiating any formal litigation or arbitration proceeding, the party asserting a Dispute must fully disclose to the other party all facts, evidence, and documents supporting its assertion. This disclosure must be in writing, and the receiving party shall have sixty (60) days to review and respond (the "Review Period").

2. Meeting to Negotiate: After the Review Period, the legal counsel of each party (if such party is represented by counsel) must meet to attempt to resolve the Dispute. Such meeting shall be conducted in good faith with the intent to reach a resolution without further legal action. Such meeting shall take place within thirty (30) days after the end of the Review Period.

3. Mediation: If the parties fail to resolve the Dispute through in-person negotiations, the parties agree to participate in a mediation conference in Orem, Utah. The mediation will be conducted by a neutral third party agreed upon by the parties and the costs will be borne equally by the parties.

4. Arbitration: If the Dispute cannot be resolved through mediation, the Dispute will be settled by arbitration in Utah by a single 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 who must have at least five years of relevant experience and who has knowledge and experience with the subject matter of the Dispute. If the parties do not agree on an arbitrator within ten (10) calendar days of service of the Demand for Arbitration, either party may request that the AAA appoint an arbitrator who must meet the same experience requirements. 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 authority to determine the enforceability and interpretation of this Arbitration Agreement pursuant to the Federal Arbitration Act (“FAA”) and may award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall not have the authority to award punitive damages, and each party waives its right to seek or recover such damages through arbitration. The arbitration shall be final and binding, except for the rights provided in Section 10 of the FAA., no appeals are allowed. The parties agree to arbitrate only in their individual capacity, and this agreement does not permit class arbitration or any claim 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 costs of arbitration administration, but the arbitrator may order a party to pay all or part of such fees in his or her reasonable discretion. Except as otherwise 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 to the extent necessary to protect or pursue legal rights. 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, nor shall such term or provision be invalid or unenforceable in any other jurisdiction. If a dispute proceeds in court rather than in arbitration, both parties hereby waive any right to a jury trial. This arbitration provision will survive even if your agreement to participate in any of our programs is canceled or terminated.

Other: You warrant and represent to us that you have all necessary rights, powers and authorizations to agree to these Terms and to perform your obligations hereunder, and nothing in this Agreement or the performance of such obligations will constitute a breach of any other contract or obligation by you. The failure of either party to exercise any right provided for in this Agreement will not be deemed a waiver of any other rights under this Agreement. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be limited or eliminated to the minimum extent necessary to ensure that this Agreement remains in full force and effect and enforceable. Unless otherwise expressly provided in writing, any new features, changes, updates or improvements to the Program shall be subject to this Agreement. We reserve the right to change this Agreement at any time. Any updates to this Agreement shall be notified to you. You acknowledge that it is your responsibility to review this Agreement from time to time and be aware of any such changes. Your continued participation in the Program after any such changes constitutes your acceptance of this Agreement as modified.