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Privacy Policy

SPIRITED BRANDS PRIVACY POLICY

This privacy policy explains what information Spirited Brands Holdings Inc. (“Spirited Brands”, “Soke”, “Soula”, “we”, “our”, or “us”) collects about you when you use our any website run by Spirited Brands Holdings Inc. Website” or our “Website”), or use the services thereon (the “Services”). Soke is a sake soda cocktail in canned format and available in several flavors (the “Product”).  Soula is an agave wine margarita in canned format and available in several flavors (the “Product”).


Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Spirited Brands Holdings Inc. website. By accessing or using the Spirited Brands Holdings Inc. Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of the Spirited Brands Holdings Inc. Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.


Information We Collect About You and How We Collect it. 

In general, when you visit the Spirited Brands Holdings Inc. Website and access information, you remain anonymous.  We will not provide any of your personal information to other companies or individuals without your permission.


We collect several types of information from and about users of the Spirited Brands Holdings Inc.  Website, including information: by which you may be personally identified, such as name, date of birth, postal address, e-mail address, telephone number, or credit card information for purchasers of the Product (“personal information”); that is about you but individually does not identify you; and/or about your internet connection, the equipment you use to access the Spirited Brands Holdings Inc. Website and usage details. We use a third-party provider, to process your credit card information and only retain the last four digits of the card and the card brand.


We collect this information directly from you when you provide it to us and automatically as you navigate through the Spirited Brands Holdings Inc. Website. Information collected automatically may include usage details, IP addresses and information collected through cookies and other tracking technologies.

Information You Provide to Us.

The information we collect on or through the Spirited Brands Holdings Inc. Website may include:

  • Information that you provide by filling in forms on the Spirited Brands Holdings Inc.  Website. This includes information provided at the time of registering for an account. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Spirited Brands Holdings Inc. Website.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through the Spirited Brands Holdings Inc.  Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Spirited Brands Holdings Inc.  Website.
  • Your search queries on the Spirited Brands Holdings Inc. Website.
  • Form data about contact or company.
  • Feedback related to our products and services.
  • Support inquiries to get help with products or services.

Information Collected Automatically.

In addition to the personal information provided directly to us, we may also collect information automatically as you use the Services via cookies and other technologies. This information includes:

  • Usage Information. This includes information relating to your time of visit to the Services, pages visited, the frequency of access, time spent on each of page, and referring Services details.
  • Location Information. This includes information about your location, which may be determined through your IP address.
  • Device Information. This includes information about the device you are using, such as hardware model, operating system, browser, and your preferences.

To collect this information, the Services use the following cookies and tracking technologies:

  • Essential cookies. These cookies are required for making use of the Services. These cookies authenticate users, prevent fraudulent use of the Services, and protect data from unauthorized parties. Essential cookies also allow the Services and all of its features to function properly.
  • Functional cookies. Functional cookies allow us to provide enhanced functionality and personalization for you. We use functional cookies to remember your login information, remember your preferences, diagnose server and software errors, and in cases of abuse, track and mitigate the abuse.
  • Preferences cookies. We use preferences cookies to remember information that changes the way the Service behaves or looks, such as the "remember me" functionality of a registered user or a user's language preference.
  • Referral cookies. We allow our business providers to place a cookie on your device that allows us to see whether they had referred you to us and shares this information with our third-party payment processor.
  • Behavioral advertising cookies. Our advertising providers use cookies and web pixels to identify and store behaviors that users take when visiting our Website (such as pages visited and search terms used). These cookies are used in order to: (i) identify you as a prospect for our services; (ii) deliver advertisements that are more relevant to you and your interests; (iii) limit the number of times you see an advertisement; as well as (iv) help measure the effectiveness of the advertising campaign. If a user engages with our content, their behavior on our Website is used to present them with targeted advertising based on their interests. This means that after you are done browsing our Website, you may see some advertisements about our Services elsewhere on the Internet. For more information on how to opt-out of advertising cookies, please see below.

Particular third-party cookies on our Website to note:

  • Facebook Pixel. We use Facebook Pixel to customize our advertising and to serve you ads on your social media based on your browsing behavior. This allows your behavior to be tracked after you have been redirected to our Websites by clicking on the Facebook ad. The Facebook Pixel stores a cookie on your device to enable us to measure the effectiveness of Facebook ads for statistical and market research purposes. We do not have access to the information collected through the Facebook Pixel. However, the information collected via the Facebook Pixel, on the Websites as well as other websites on which Facebook Pixel is installed, is also stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes in accordance with Facebook's Data Usage Policy. The Facebook Pixel also allows Facebook and its partners to show you advertisements on and outside of Facebook. You can opt-out of displaying Facebook ads by visiting your Facebook Ad Settings, and you can clear and control the information third parties share with Facebook in your Off-Facebook Activity If you do not have a Facebook account, you can opt-out of Facebook ads through the Digital Advertising Alliance here. For European users, please visit the European Interactive Digital Advertising Alliance here.
  • Analytics Cookies. We use Google Analytics to collect information on your use of the Services to improve our Services. In order to collect this information, Google Analytics may set cookies on your device, or read cookies that are already there. Google Analytics may also receive information about you from applications you have downloaded that partner with Google. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to our Services or to another application which partners with Google is restricted by the Google Analytics Terms of Use and the Google Privacy Policy, available here. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on for Google Analytics which can be found here.
  • Social Media. We collect your personal information from social media and video sharing sites like Instagram, Facebook, Twitter, Pinterest, and YouTube. This includes your email address if you sign-up to our newsletters and your username or handle if you follow Spirited Brands Holdings Inc.  social media accounts.

How We Use Your Information

We may use information that we collect about you or that you provide to us, including any personal information:

  • To present the Spirited Brands Holdings Inc.  Website and its contents to you.
  • To provide you with information, products or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing.
  • To notify you about changes to the Spirited Brands Holdings Inc.  Website or any products or services we offer or provide though it.
  • To allow you to participate in any interactive features on the Spirited Brands Holdings Inc.  Website.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

 

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.  We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates, if any.
  • To contractors, service providers and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Spirited Brands Holdings Inc.  assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Spirited Brands Holdings Inc.  about the Spirited Brands Holdings Inc.  Website users is among the assets transferred.
  • To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Service Agreement and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Spirited Brands Holdings Inc.  our customers or others.

We may share the categories of personal information described above with service providers that we partner with to assist us in various functions, including providing technological support and performing security and anti-fraud services, providing you with our Services and Products (including helping us to administer contests and promotions), providing you with communications and marketing information on our behalf.


These service providers can be classified in the following categories:

  • Delivery partners, to deliver our products to the right location;
  • Financial partner, involved in the processing of your banking data on our Website;
  • Marketing partners, which we use to send you promotional communications if you consent, for instance;
  • Promotional vendors, who help us to administer contests and promotions, including by maintaining separate contest and promotion microsites;
  • IT service providers, such as our data hosting provider; or
  • Other service providers that we may engage to provide services to us or on our behalf.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Spirited Brands Holdings Inc.  Website may then be inaccessible or not function properly.
  • Promotional Offers from Spirited Brands Holdings Inc. If you have created an account and do not wish to have your contact information used by Spirited Brands Holdings Inc to promote our own or third parties’ products or services, you can opt-out at any other time by logging into the Spirited Brands Holdings Inc Website and adjusting your user preferences in your account profile. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

Children

The Spirited Brands Holdings Inc Website is not intended for children under 21 years of age.  Consistent with the Federal Children’s Online Privacy Protection Act (COPPA), Spirited Brands Holdings Inc will never knowingly request personally identifiable information from anyone under the age of 13.  If we discover that a child under the age of 13 has provided us with any personally identifiable information, we will delete that information from our systems.


Who may use this website?

The Website is not directed to, and we do not knowingly collect personal information from, persons under the age of 21. We do not knowingly collect or store personal information from anyone under the age of 21. ANY PERSON WHO VISITS ANY PORTION OF THE WEBSITE REPRESENTS TO US THAT HE OR SHE IS 21 YEARS OF AGE OR OLDER AND MUST IMMEDIATELY LEAVE THE WEBSITE IF UNDER THE AGE OF 21.


Security

Spirited Brands Holdings Inc operates secure data networks protected by industry-standard security protocols, such as (if and where appropriate) firewalls, encryption, and password protection systems.  Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our users.


Links

The Spirited Brands Holdings Inc Website may contain hyperlinks to third-party websites that are not under the control of Spirited Brands Holdings Inc.  Spirited Brands Holdings Inc is not responsible for any content in any advertisement or hyperlink on the Spirited Brands Holdings Inc Website, any content in any hyperlinked website, or the privacy policies of those sites.  If you access a third-party website from the Spirited Brands Holdings Inc Website, then you do so at your own risk.

Your Consent


By using the Spirited Brands Holdings Inc Website, you consent to the collection and use of information as outlined above by Spirited Brands Holdings Inc.  Spirited Brands Holdings Inc may modify this Privacy Policy from time to time, and any such modifications shall be effective upon posting by Spirited Brands Holdings Inc. on the Spirited Brands Holdings Inc Website. You agree to be bound to any changes to this Privacy Policy when you use the Spirited Brands Holdings Inc Website after any such modification is posted. It is therefore important that you review this Privacy Policy each time before accessing the Spirited Brands Holdings Inc Website to ensure that you are updated as to any changes. If you do not want to be bound by an amendment or modification to this Privacy Policy, you will need to terminate your account, if any, and refrain from using the Spirited Brands Holdings Inc Website or ordering any products after that date. No other amendments will be valid unless they are in a paper writing signed by Spirited Brands Holdings Inc and by you.


Contact Information

All feedback, comments, requests for technical support and other communications relating to the Spirited Brands Holdings Inc Website should be directed to customercare@spiritedbrandsco.com.


Thank you for visiting the Spirited Brands Holdings Inc Website.



Terms of Service

TERMS & CONDITIONS

Please read these Terms of Service carefully before accessing or using our website. This website is operated by Spirited Brands Holdings, Inc. doing business as Soke, and Soula. Spirited Brands Holdings offers this website, including all information, tools and services available from this site to you our retail partners, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. We reserve the right to refuse service to anyone for any reason at any time. A breach or violation of any of the Terms will result in an immediate termination of your Services.


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.


You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows a licensed liquor retailer to sell our products and services to you. You represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws or minimum legal drinking age laws).


Our liquor retail fulfillment partners reserve the right to refuse any order you place on our site. They may, in their sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that a change is made to an order or an order is canceled, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


You agree to provide current, complete and accurate purchase and account information for all purchases made at this store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of our retail fulfillment partners. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.


Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.


We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


Your submission of personal information through the store is governed by our Privacy Policy. You understand that your content (except any credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments 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 the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service in any way whatsoever without express written permission by us. You must not transmit any worms or viruses or any code of a destructive nature. You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Spirited brands Holdings, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability for damages shall be limited to the amount you have paid for the product(s) purchased through this website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


You agree to indemnify, defend and hold harmless Spirited Brands Holdings, Inc. and our parent, subsidiaries, affiliates, retailers, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Arizona and the  United States without considering conflicts of law provisions.


Questions about the Terms of Service should be sent to us at customercare@spiritedbrandsco.com.


SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Spirited Brands Holdings, Inc. is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions 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.


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. Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.


You may not use or engage with the Platform if you are under twenty-one (21) years of age. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of twenty-one (21) years. 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.


Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of Spirited Brands Holdings, Inc. products. The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  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 autodialer, 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 “autodialer”).  Message and data rates may apply.


For support regarding the Program, text “HELP” to the number you received messages from or email us at customercare@spiritedbrandsco.com.  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth below.


User Opt Out:  If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  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 at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.


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.


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 other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.


In the event that there is a dispute, claim, or controversy between you and Us, or between you and 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 PHOENIX, AZ 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 Second Circuit for Phoenix, Arizona, 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 to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration 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.


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.


Supplemental California Privacy Notice
This Supplemental California Privacy Notice only applies to Our processing of personal information via the Messaging Service that is subject to the California Consumer Privacy Act of 2018 ("CCPA"). The CCPA provides California residents with the right to know what categories of personal information We have collected about them and whether We have disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve months. California residents can find this information below:

Category of Personal Information Collected by Us

Categories of Third Parties Personal Information is Disclosed to for a Business Purpose

Identifiers

• Service providers

Personal information categories listed in Cal. Civ. Code § 1798.80(e)

• Service providers

Commercial information

• Service providers

Internet or other electronic network activity

• Service providers

Inferences drawn from other personal information to create a profile about a consumer

• Service providers

The categories of sources from which We collect personal information and Our business and commercial purposes for using personal information are set forth above and in Our primary privacy policy.

Additional Privacy Rights for California Residents

Individual Rights under the CCPA.
The CCPA provides California residents with the right to request:

  • Access to Personal Information, including obtaining access to or a copy of your personal information.
  • Deletion of Personal Information

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact Us at customercare@spiritedbrandsco.com. We will process such requests in accordance with applicable laws.

"Sales" of Personal Information under the CCPA. For purposes of the CCPA, unless otherwise stated in Our primary privacy policy, We do not "sell" personal information, nor do we have actual knowledge of any "sale" of personal information of minors under 16 years of age.

Non-Discrimination. California residents have the right not to receive discriminatory treatment by Us for the exercise of their rights conferred by the CCPA.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact Us at customercare@spiritedbrandsco.com.

Verification. When you make a request, We will ask you to provide sufficient information that allows Us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address or phone number associated with any personal information We have about you.

Primary Privacy Policy
By signing up to receive text messages from  also aus, yougree to Our Primary Privacy Policy. This Messaging Service Privacy Policy is strictly limited to the Messaging Service and does not limit or restrict any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

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