WILLOW BATH AND VANITY LLC ORDER AND DELIVERY TEXT MESSAGING TERMS & CONDITIONS

Read these Terms and Conditions (this “Agreement”) for important information about our text alert services (“Willow Bath and Vanity LLC text alerts”). THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Willow Bath and Vanity LLC, or one or more of its affiliates (collectively referred to as “Willow Bath and Vanity LLC” or “Willow Collections”), may offer access to messages about your orders and product delivery services through Willow Bath and Vanity LLC or its third-party vendors via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts. Enrollment in text alerts requires providing a mobile phone number with an area code within the 50 United States or the District of Columbia. By enrolling to receive Willow Bath and Vanity LLC text alerts, you agree to these terms and conditions, effective upon your enrollment.

You acknowledge that text alerts will be sent to the mobile phone number you provide to Willow Bath and Vanity LLC. These alerts may include limited personal information about your orders and/or product delivery. Anyone with access to your mobile phone or carrier account will also be able to view this information. Once you enroll, the frequency of text alerts we send to you will vary. Typically, you will receive text alerts with updates on your product delivery or other information about your purchase. Willow Bath and Vanity LLC does not charge a separate fee for text alerts; however, your mobile carrier’s message and data rates may apply based on your phone contract. You are solely responsible for all message and data charges incurred. Contact your mobile service provider for more details on applicable rates.

You may opt out of Willow Bath and Vanity LLC’s order and delivery service text alerts at any time. To stop receiving order and delivery service text alerts, text STOP to [shortcode]. Texting STOP to [shortcode] will unsubscribe you from all future Willow Bath and Vanity LLC order and delivery service text messages. After submitting a request to unsubscribe, you will receive one final text from Willow Bath and Vanity LLC confirming the end of text alerts. No additional order or delivery text alerts will be sent unless you re-enroll. For questions about text alerts, text “HELP” to [shortcode], or contact Willow Bath and Vanity LLC at [customer service number].

The Willow Bath and Vanity LLC text alert programs are offered “as is” and: (1) may not be available in all areas or through all wireless carriers at all times; and (2) may not continue to work due to product, software, coverage, or other service changes by your wireless carrier. Willow Bath and Vanity LLC may modify or discontinue any text alert program without notice or liability. Willow Bath and Vanity LLC and its affiliates, including Willow Collections, and their respective officers, directors, employees, and consultants are not responsible or liable for any losses or injuries resulting directly or indirectly from Willow Bath and Vanity LLC text alert programs, technical failures, or delays. Willow Bath and Vanity LLC reserves the right to cease delivery of text alerts to any person at its sole discretion. Wireless carriers are not liable for any delayed or undelivered text alerts.

Our Privacy Policy governs all information collected in connection with our text alert programs.

Dispute Resolution: EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND WILLOW BATH AND VANITY LLC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT WILLOW BATH AND VANITY LLC AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online . The arbitrator will conduct hearings, if any, by teleconference or videoconference, unless in-person appearances are requested by you or us and deemed appropriate by the arbitrator. If in-person appearances are required, they will be at a location reasonably convenient to both parties, considering travel ability and other relevant circumstances. If the parties cannot agree on a location, the AAA or the arbitrator will make the determination. The arbitrator’s decision will be final and binding, following the terms of this Agreement. The arbitrator has authority to award temporary, interim, or permanent injunctive relief or relief for specific performance, but only as necessary to provide relief warranted by the individual claim. The award rendered may be confirmed and enforced in any court with jurisdiction. Nothing in this Agreement prevents you from bringing issues to the attention of federal, state, or local agencies, which may seek relief for you.

If any aspect of the language in this Dispute Resolution provision relating to the waiver of class actions is found invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply.