Last Updated: October 28, 2021
PLEASE NOTE: THESE SMS TERMS CONTAIN AN ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION AFFECTS HOW DISPUTES WITH FLORA ARE RESOLVED. YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE SMS TERMS CAREFULLY.
For purposes of the SMS Terms, “Flora,” “the Company,” “we,” or “us” shall mean Flora, Inc., a Washington State corporation, and Flora Manufacturing & Distribution, Ltd., a British Columbia, Canada corporation, and any of their subsidiaries, divisions, or affiliates.
Opting in to Receive Text Messages
By opting in to any Flora’s promotional text program, you expressly consent to receive recurring marketing text messages that may be sent using an automatic telephone dialing system, by or on behalf of Flora, at the cell phone number you provide us. To opt in to Flora’s promotional text messaging programs, please follow the instructions provided by the specific program from which you wish to receive marketing text messages.
By voluntarily providing your cell phone number to Flora, you consent to receive transactional, operational, or informational text messages at that phone number, including but not limited to order confirmations; shipping and delivery notifications; promotions; product information; and marketing offers. You agree that you will receive such messages, even if your mobile number is registered on a state or federal “Do Not Call” list.
By voluntarily providing your cell phone number to Flora, there is no promise or guaranty that you will be provided with or receive any or all of text messages that Flora may send through its SMS program. Text messages may not be sent to or received by you for many potential reasons, including that Flora may not be able to deliver messages to through your mobile carrier.
By voluntarily providing your cell phone number to Flora, you represent and warrant the following:
- that you are 18 years of age or older;
- you will not initiate messages to the mobile phone of any other person or entity without authorization.
- that the number provided is for your operating cell phone, and that you are the current subscriber or authorized user of the provided phone number;
- that you have the right and authority to provide the cell phone number to Flora;
- that text messages sent to your voluntarily provided cell phone number will not be forwarded or otherwise used by you for any commercial operations, or to others that have not provided permission to receive such messages; and
- that you will comply with the SMS Terms.
Consent to receive texts is not a condition of purchasing any goods, and is completely voluntary. You understand and agree that all text messages may be sent using automated technology, including an automatic telephone dialing system.
How to Opt Out and Get Help
You may opt out of Flora’s SMS program at any time. To stop receiving text messages from Flora, you agree to reply STOP to the text message. After texting STOP, you may receive additional communications confirming that your request has been received and processed, and you may continue to receive text messages for a short period while Flora processes your request(s). If you opt out of one Flora text messaging program, you will remain opted in to other Flora text messaging programs (if applicable) unless you opt out of those programs separately. If you need further assistance, text HELP to the number sending the message, or contact Flora customer service at email@example.com.
After opting out of receiving text messages, you can re-enroll in any Flora text messaging program by following the instructions for that program.
We will not charge for you to participate in any Flora SMS programs. However, there may be charges and fees associated with text messaging imposed by your wireless provider, which you will be solely responsible to pay. Message frequency varies. Such charges could include standard message and data rates. Check your mobile plan and contact your wireless provider for details.
Change in Phone Number
Any action, claim, demand or other dispute in law or equity, under common law, statute or contract, arising out your of the use of the Flora SMS program shall be conducted through binding, non-appealable arbitration to occur in Bellingham, Washington. Any such arbitration shall be conducted and administered under the American Arbitration Association’s commercial arbitration rules (including, without limitation, the supplementary procedures for consumer-related disputes, if applicable), with any award rendered by an arbitrator subject to being entered in any court having jurisdiction.
Irrespective of any law to the contrary, you must provide notice to Flora of any claim within one year of its accrual or your claim shall be waived and time-barred.
Waiver of Right to Trial and Class Action
BY AGREEING TO ARBITRATION, YOU SPECIFICALLY WAIVE THE RIGHT TO HAVE ANY ACTION, CLAIM, DEMAND OR OTHER DISPUTE IN LAW OR EQUITY, UNDER COMMON LAW, STATUTE OR CONTRACT, ARISING OUT YOUR OF THE USE OF THE SMS PROGRAM.
ANY CLAIM DEMAND OR OTHER DISPUTE IN LAW OR EQUITY, UNDER COMMON LAW, STATUTE OR CONTRACT THAT YOU MAY HAVE AGAINST FLORA SHALL NOT BE CONSOLIDATED WITH ANY CLAIM OF ANY OTHER PARTY WHETHER THROUGH CLASS ACTION PROCEEDINGS, CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.
Limitation of Claims and Waiver Of Liability
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
To the greatest extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS program, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS program.
Changes to the SMS Terms
These SMS Terms may be updated by Flora at any time without prior notice. By continuing to be enrolled in any Flora promotional text messaging program, or by providing your cell phone number for transactional, operational, or informational text messages, you agree to any changes.
For questions about these SMS Terms or Flora’s text messages, please contact Flora’s customer service at firstname.lastname@example.org or email@example.com.