FLAUNT MESSAGING TERMS & CONDITIONS

Last Updated: February 27, 2023

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from FLAUNT, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. FLAUNT reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. FLAUNT also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. FLAUNT, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our FLAUNT Terms of Use and FLAUNT Privacy Policy.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

CANCELLATION

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that FLAUNT and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from FLAUNT through any other programs you have joined until you separately unsubscribe from those programs.

HELP

Text the keyword HELP to our shortcode to return customer care contact information.

CUSTOMER CARE

If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.

CONTACT

This message program is a service of FLAUNT, located at 195 Broadway, 4^th floor, Brooklyn NY 11211.

DISPUTE RESOLUTION

SECTION 1: GENERAL. In the interest of resolving disputes between you and FLAUNT in the most expedient and cost effective manner, you and FLAUNT agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from FLAUNT or its service providers will be resolved by 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 Messaging Terms, or your receipt of text messages from FLAUNT or its 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 MESSAGING TERMS, YOU AND FLAUNT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

SECTION 2: EXCEPTIONS. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or FLAUNT 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.

SECTION 3: AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. 

WE BOTH AGREE TO ARBITRATE: You and iDecoz agree to resolve any and all disputes, claims, and/or controversies relating to these Terms through final and binding arbitration.   

WHAT IS ARBITRATION? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 18 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. 

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”). Any dispute, controversy, or claim arising out of or relating to these Terms and/or iDecoz shall be referred to and finally determined by arbitration in accordance with the AAA’s Consumer Arbitration Rules (the “AAA Rules”) in front of one arbitrator. If there is a conflict between AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. 

The AAA Rules and instructions for how to initiate an arbitration are available from AAA at www.adr.org. To initiate arbitration, you or iDecoz must do the following:

1. Write a demand for Arbitration. The demand must include (i) a brief description of the claim and/or dispute, (ii) the list of names and addresses of the consumer and the business, if known, along with names of any representatives on behalf of the consumer and the business, (iii) specify the amount of money in dispute or the amount of damages sought to be recovered, (iv) identify the requested location for the hearing, if an in-person hearing is requested, and (v) state the desired outcome and/or solution sought, along with a copy of this arbitration agreement (the “Demand”). You can find a copy of a "Demand for Arbitration" at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf.

2. The individual or entity commencing the Arbitration (referred to as the “claimant”) must send a copy of the Demand to AAA. The claimant can file and send these items to AAA in the following ways:

By mail:

American Arbitration Association
Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, New Jersey 08043

By electronic filing:

Utilize AAA WebFile at https://www.adr.org and click on “File or Access Your Case.” You can then follow the directions that follow.; or

By filing at any other AAA office.

1. A copy of the Demand, with the accompanying items above, must also be sent to the other party (referred to as the “respondent”).
2. After filing and sending the Demand, parties to the arbitration may elect to attempt case resolution by submitting settlement offers through the AAA online portal. This tool is only available for Arbitrations with two parties. More information on this can be found here: https://www.adr.org/consumer.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and iDecoz, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. 

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff, or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. 

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and iDecoz in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE. 

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at legal@flauntcases.com and providing the requested information as follows: (1) your name; (2) the URL of these Terms of Sale; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using any of the Websites. 

CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Section 16 (Agreement to Arbitrate Disputes and Choice of Law) permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the New York. 

Section 4:  CONTACT INFORMATION

Questions about these Terms should be sent to us at legal@flauntcases.com.

For general questions, feel free to call us at (855) 904-0976 Monday-Friday, 9am-5pm EST or email us at hello@flauntcases.com.