Terms and Conditions

1 Right to Change Sites

We reserve the right, at any time in our sole discretion, to modify, suspend, or discontinue the Sites or any service, content, feature, or product offered through the Sites, with or without notice, and/or offer opportunities to some or all users of the Sites, for any reason. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites, or any service, content, feature, or product offered through the Sites.

2 Content of the Sites

Unless otherwise noted, the Sites and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips, product names, and other content, and the copyrights, trademarks, trade dress, and/or other intellectual property in such materials (collectively, the "Content"), are owned, controlled, or licensed by Travelpro.

The Sites and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Sites for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the Content or the Sites.

Unless otherwise specified, the Sites and the Content are intended to promote our products and services primarily available in the U.S. and Canada. The Sites are controlled and operated by Travelpro from its offices in Boca Raton, Florida 33431.

3 Eligibility and Authority

The U.S. Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13 years of age. If you are providing our service to children under age 13 (whether in the U.S. or elsewhere), you represent and warrant that you are a parent or have received consent from parents, or have the authority to provide consent on behalf of parents, for Travelpro to collect information from students under age 13 before allowing them to access our services.

4 Product Description

At Travelpro, we provide the most accurate information on the Sites as possible. However, we do not warrant that product descriptions or other content on the Sites is accurate, complete, reliable, current, or error-free. Many products displayed on the Sites are available in select stores in Canada and, in some cases, select foreign markets. At times, prices displayed on the Sites may be quoted in Canadian Dollars. Certain products are available exclusively online through the Sites and may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.

5 User Accounts

You are solely responsible for all use of the Sites under your account information and for maintaining the confidentiality of your account information. You agree not to hold Travelpro liable for any damages of any kind resulting from your disclosure of your account information to any third party, including but not limited to entities that aggregate account information or website content, or persons who are or claim to be acting as your agent, proxy, or advisor.

If you inform Travelpro or Travelpro has reason to believe that the security of your account may be or has been compromised, we have the right to suspend or terminate your use of the Sites or require that your account information be changed. You agree to: (i) promptly notify Travelpro of any actual or suspected unauthorized use of the Sites, and (ii) ensure that you exit from your account at the end of each session.

6 Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to our products or services. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information on the Sites is inaccurate at any time without prior notice.

7 User Content

Travelpro is pleased to hear from our customers and welcomes your comments regarding our products and services. However, if you send data, questions, comments, suggestions, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "User Content"), you agree that Travelpro may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any User Content that you forward to Travelpro.

Travelpro is and shall be under no obligation to: (1) maintain any User Content in confidence; (2) pay compensation for any User Content; or (3) respond to any User Content.

Travelpro has the right but not the obligation to monitor and edit or remove any User Content. You agree that your User Content will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Travelpro or third parties. You are solely responsible for any User Content you make and its accuracy. Travelpro takes no responsibility and assumes no liability for any User Content posted by you or any third party.

8 Personal Information Submitted Through the Sites

Your submission of personal information through the Sites is governed by our Privacy Policy. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

9 Online Conduct

The Sites and social media pages are intended to be used only for lawful purposes. You are prohibited from posting or transmitting through the Sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, indecent, scandalous, profane, bigoted, hateful, libelous, racially, ethnically, or otherwise objectionable material. You may not engage in any activity that restricts or inhibits others from using the Sites by means of "hacking," "cracking," "spoofing," or disabling or defacing any portion of the Sites.

10 Prohibited Material

You may not post or transmit through the Sites: advertising or commercial solicitations; software or other materials that contain viruses, worms, Trojan horses, or other harmful components; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright or trademark; or any robot, spider, or data mining device. Additionally, you may not harvest or collect information about visitors to the Sites without their express consent.

11 Monitoring

Travelpro or its representatives have the right, but not the obligation, to monitor the Content of the Sites to determine compliance with this Agreement. We retain the right, in our sole discretion, to edit, refuse to post, or remove any material that we find to be in violation of these conditions or that is otherwise objectionable or offensive. This same discretion applies to our right of disclosure of any material submitted to the Sites and circumstances surrounding its submission to any third party in order to operate the Sites properly, to protect our visitors, and to comply with legal obligations.

12 Consent to Electronic Communications and Opting Out

You consent to the receipt of electronic mail from Travelpro. You may opt out of future emails about products or services by following instructions contained in an email you receive from us. We reserve the right, however, to email you important information relating to your account.

13 Consent to Text Messages and Opting Out

If you elect to receive marketing and support text messages from us by any means, you are providing your prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a "Text Message"), including messages which may utilize or be sent using an automated system, autodialer, or artificial intelligence technology, at the mobile telephone number associated with your opt-in. Message frequency varies. You can opt out at any time by replying "STOP," "END," "REVOKE," "QUIT," "OPT OUT," "CANCEL," or "UNSUBSCRIBE" to any Text Message you receive from us. For help, reply "HELP" to any Text Message or email smsoptout@travelpro.com. Your mobile provider's message and data rates may apply.

By providing your number, you agree to indemnify and hold Travelpro harmless for any claim resulting from your failure to notify Travelpro of a number change, including any liability under the Telephone Consumer Protection Act (47 U.S.C. §227) or related laws. All claims related to Text Messages are subject to the arbitration and class action waiver provisions below.

14 Copyright Complaints

Travelpro respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to our copyright agent:

• Your electronic or physical signature;
• A description of the copyrighted work claimed to be infringed;
• A description of where the infringing material is located on the Sites;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized; and
• A statement made under penalty of perjury that the above information is accurate and that you are authorized to act on behalf of the copyright owner.

15 Third-Party Sites

The Sites may contain links to other websites. If you link to another website, you will leave the Sites and this Agreement will not apply to your use of those websites. We encourage you to read the legal notices and privacy policies posted on those websites. We have no responsibility or liability for your use of, or the data practices of, such third-party sites.

16 Indemnification

You agree to defend, indemnify, and hold harmless Travelpro, its affiliates, service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of your breach of this Agreement or your activities in connection with the Sites or related services. You shall not settle any claim affecting Travelpro without our prior written approval.

17 Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITES ARE PROVIDED BY TRAVELPRO ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRAVELPRO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

18 Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TRAVELPRO OR ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES. IN NO EVENT WILL TRAVELPRO'S TOTAL LIABILITY EXCEED THE FEES PAID BY YOU (IF ANY) IN THE SIX MONTHS PRIOR TO THE CLAIM.

19 Severability

If any provision of this Agreement is held invalid or unenforceable, such provision shall be ineffective to the extent of such invalidity without affecting the remaining provisions.

20 Applicable Law

This Agreement is governed by and construed under the laws of the State of Florida. All disputes arising out of or relating to this Agreement shall be settled by mandatory binding arbitration as set forth below.

21 Mandatory Binding Arbitration; Dispute Resolution; Class Action Waiver

1. General.

In the interest of resolving disputes in the most expedient and cost effective manner, you and us agree that any dispute arising out of or in any way related to this Agreement and these terms, and any of our text messaging programs, will be resolved by mandatory, binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these terms, or your receipt of text messages from us or our service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises.

YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

2. Exceptions.

Notwithstanding subsection 1 above, nothing herein will be deemed to waive, preclude, or otherwise limit the right of you or us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

3. Arbitrator.

Any arbitration between you and us will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

4. Notice; Process.

If you or us intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by email ("Notice"). Our address for Notice is: Attention: Legal, legal@travelpro.com. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and us will make good faith efforts to resolve the claim directly, but if you and us do not reach an agreement to do so within 30 days after the Notice is received, you or us may commence an arbitration proceeding.

5. Fees.

If you commence arbitration, we will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules.

If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules.

Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and us agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award.

6. No Class Actions.

YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and us agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

7. Modifications to this Arbitration Provision.

Notwithstanding anything to the contrary herein, if we make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and us.

8. Enforceability.

If an arbitrator decides that applicable law precludes enforcement of any of the limitations above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these terms shall remain in full force and effect.

Travelpro Mobile Message Program Terms and Conditions

Last updated: 15th May 2026

The Travelpro mobile message program (the "Program") is operated by Travelpro Products, Inc. (“Travelpro”, “we”, or “us”). Your use of the Program constitutes your agreement to these terms and conditions (“Mobile Terms of Service”) 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. We may modify or cancel the Program or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms of Service at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

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 enrolment forms. By consenting to Travelpro’s SMS/text messaging Program, you agree to receive recurring SMS/text messages from and on behalf of Travelpro through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. 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 autodialler, 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 “autodialler”). Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Travelpro. Your participation in this program is completely voluntary.

User Opt Out

You may opt-out of the Program at any time. Reply the single keyword command STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking - ARRET, DESABONNER, ANNULER, or FIN) or click the unsubscribe link (where available) in any text message to opt out of the Program. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking - ARRET, DESABONNER, ANNULER, or FIN) keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Travelpro and its service providers will have no liability for failing to honor such requests. 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.

If you have subscribed to other Travelpro mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Program support or assistance, reply HELP or legal@travelpro.com.

We may change any short code or telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

Program Description:

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Sells luggage, suitcases, and travel accessories. Messages may include checkout reminders.

Cost and Frequency:

Message and data rates may apply. We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

Message frequency varies. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

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. The wireless carriers supported by the Program are not liable for delayed or undelivered messages.

You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

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 Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Program.

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 sensitive or special category personal data including racial or ethnic origin data, political opinions data, religious or philosophical belief data, trade union membership data, genetic or biometric data (for the purpose of uniquely identifying a natural person), health data and sex life or sexual orientation data
• Any personal data of people aged under 18 without parental consent.
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution (SMS recipients in the USA only): In the event that there is a dispute, claim, or controversy between you and Us, or between you and Klaviyo_oauth or any other third-party service provider acting on Our behalf to transmit the 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 to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Boca Raton, Florida before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Travelpro's principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, 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, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

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, unless to protect or pursue a legal right. If any term or provision of this Section is 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 for any reason 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.

State Law:

Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.

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.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy. We may share certain information with our service providers, including Klaviyo_oauth, as described in our Privacy Policy