Text Message Terms and Conditions
Effective as of October 21, 2022
These are the terms and conditions for your participation in e.l.f. Cosmetics, Inc.’s text messaging program (the “e.l.f. Text Message Program”). e.l.f. Cosmetics, Inc. is referred to in these terms and conditions as “e.l.f. Cosmetics” or “we”.
PLEASE NOTE THESE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRE YOU TO ARBITRATE CERTAIN CLAIMS ON AN INDIVIDUAL BASIS AS EXPLAINED BELOW. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION AS EXPLAINED BELOW.
COMMUNICATIONS AND CONSENT TO ELECTRONIC NOTICES
When you opt-in as instructed below, you will be enrolling in the e.l.f. Text Message Program to receive (i) marketing text messages (the “Marketing Text Message Service”) and/or (ii) order status text messages (the “Order Status Text Message Service”).
By enrolling in the e.l.f. Text Message Program, you are expressly consenting to receive electronic communications from e.l.f. Cosmetics (and others texting on its behalf, including text messages made with an automatic telephone dialing system) on the mobile device associated with the telephone number you provided to e.l.f. Cosmetics for this purpose. These may include cart abandon messages. Message frequency varies. You may opt-out of these communications at any time. Consent to receive text messages is not required to purchase any goods or services.
By enrolling in the Marketing Text Message Service, you are also expressly consenting to receive up to 10 electronic marketing communications from e.l.f. Cosmetics per month.
MARKETING TEXT MESSAGE SERVICE
HOW TO OPT-IN
To opt into receiving marketing text messages from us (and enroll in the Marketing Text Message Service), please text JOIN to 96197.
You may also opt into receiving marketing text messages from us by enrolling in the Marketing Text Message Service by checking the applicable box to opt-in when placing an order/checking out, by registering for e.l.f.’s beauty squad, or by subscribing to receive promotions, at www.elfcosmetics.com.
HOW TO OPT-OUT
To opt out of (and stop) receiving marketing text messages from us, please text STOP to 96197.
You may also opt out of (and stop) receiving marketing text messages from us by following the instructions in any marketing text message you receive from us.
For additional information regarding marketing text messages, please text HELP to 96197. You can also contact us using the contact information detailed in the Contact Us section.
ORDER STATUS TEXT MESSAGE SERVICE
HOW TO OPT-IN
To opt into receiving order status text messages from us (and enroll in the Order Status Text Message Service), please check the applicable box to subscribe to the Order Status Text Message Service when placing your order/checking out at www.elfcosmetics.com.
HOW TO OPT-OUT
To opt out of (and stop) receiving order status text messages from us, please text STOP to (866) 291-8568.
You may also opt out of (and stop) receiving order status text messages from us by following the instructions in any marketing text message you receive from us.
Supported carriers may change from time to time, but currently include:
AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush.
Please note that the supporting mobile carriers may change without notice, and the Marketing Text Message Service or the Order Status Text Message Service may be limited to specific carriers. e.l.f. Cosmetics and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages.
To participate in the e.l.f. Text Message Program, you must be a resident of the United States and 13 years of age or older. By participating in the e.l.f. Text Message Program, you are confirming you are over the age of 13. We reserve the right to require you to prove that you are at least 13 years of age.
Message and data rates may apply to each text message sent or received in connection with the e.l.f. Text Message Program, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Under no circumstances will we or our affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.
YOUR MOBILE TELEPHONE NUMBER
You represent that you are the account holder for the mobile telephone number(s) that you enroll in the e.l.f. Text Message Program. You are responsible for notifying us immediately if you change your mobile telephone number.
ACCESS OR DELIVERY TO MOBILE NETWORK IS NOT GUARANTEED
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from them.
TERMINATION OF THE E.L.F. TEXT MESSAGE PROGRAM
We may suspend or terminate your receipt of text messages if we believe you are in breach of these terms and conditions. Your receipt of text messages from us is also subject to termination if your mobile telephone service terminates or lapses. We also reserve the right to modify or discontinue, temporarily or permanently, all or any part of the e.l.f. Text Message Program, with or without notice.
We take your privacy seriously. Data obtained from you in connection with e.l.f. Text Message Program may include your cell phone number, your provider’s name, and the date, time, and content of your text messages. We may collect and use this information in accordance with our Privacy Notice. Please click here to review our Privacy Notice.
These terms and conditions have been made in and will be construed and enforced solely in accordance with the laws of the state of California; provided, however, that the arbitration provisions herein shall be governed by the Federal Arbitration Act and the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”), as described more fully below. You and e.l.f. Cosmetics also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these terms and conditions and is hereby disclaimed. A printed version of these terms and conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent as other documents and records originally generated and maintained in printed form. Please contact e.l.f. Cosmetics if you wish to receive a printed copy of these terms and conditions.
BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER
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.
- Scope of the Arbitration Agreement. Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and e.l.f. Cosmetics agree that any dispute concerning or arising in any way out of the e.l.f. Text Message Program; the Marketing Text Message Service; the Order Status Text Message Service; your use of or a purchase from the e.l.f. Text Message Program, the Marketing Text Message Service, or the Order Status Text Message Service; these terms and conditions; any product or service; and any advertising, promotion, or other communications between you and e.l.f. Cosmetics (collectively, a “Dispute”), whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be resolved exclusively through final and binding individual arbitration. “Dispute” will be given the broadest possible meaning allowable under law. Vendors are intended beneficiaries of this binding arbitration agreement and class action waiver.
This agreement to arbitrate covers and includes threshold questions of arbitrability. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all disputes arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or any part of it, or of these terms and conditions, including, but not limited to, any claim that all or any part of this agreement to arbitrate or the terms and conditions is void or voidable. If any party disagrees about whether the foregoing provision (or any portion of this agreement to arbitrate, including without limitation the provisions relating to arbitration) can be enforced or whether it applies to the dispute, the parties agree that the arbitrator will decide that dispute. Notwithstanding the foregoing, however, the parties agree that any issue concerning the validity of the class action waiver below must be decided by a court, and an arbitrator does not have authority to consider the validity of the class action waiver. Both you and e.l.f. Cosmetics understand and agree that we are waiving our right to sue or go to court to assert or defend our rights, except as set forth below.
- Exceptions. Notwithstanding the remainder of this binding arbitration agreement, you and e.l.f. Cosmetics agree that the following types of disputes will be resolved in court, unless both you and e.l.f. Cosmetics agree to submit the dispute to arbitration pursuant to this binding arbitration agreement:
(1) Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual Dispute and not as a class, representative, or consolidated action or proceeding;
(2) Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
(3) Intellectual property disputes.
For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the class action waiver provision below does not prevent you from seeking public injunctive relief in an individual capacity to the extent otherwise permitted by law.
You and e.l.f. Cosmetics also agree that for disputes or claims where both injunctive relief (including public injunctive relief) and non-injunctive relief are sought, you and e.l.f. Cosmetics will first submit the dispute or claim for non-injunctive relief to arbitration pursuant to this Arbitration and Dispute Resolution; Class Action Waiver section. The arbitrator will not be permitted to grant injunctive relief (unless the parties mutually agree otherwise). Once the arbitration of the dispute or claim for non-injunctive relief has concluded, you and/or e.l.f. Cosmetics may seek the injunctive relief (including the public injunctive relief) in court to the extent permitted by law.
Any litigation in court of the foregoing types of disputes (except for small claims court actions) may be commenced only in a federal or state court located within San Francisco, California, and you and e.l.f. Cosmetics each consent to the jurisdiction of those courts for such purposes. Regardless of whether the foregoing types of disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, you and e.l.f. Cosmetics agree that the dispute is subject to the class action waiver provision set forth below.
- Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and e.l.f. Cosmetics agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
- How Arbitration Works. Either party may initiate arbitration of a Dispute, which will be settled by final and binding arbitration, using the English language, administered by AAA under the AAA Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these terms and conditions). Unless you and e.l.f. Cosmetics agree otherwise, including to conduct the arbitration by telephone or videoconference, any arbitration hearing shall take place in San Francisco, California, unless the arbitrator determines that a different location would better serve the convenience of the parties. If you live outside the United States, any arbitration will take place in San Francisco, California. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the AAA Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, e.l.f. Cosmetics will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below). Each party is responsible for his, her, their or its own attorneys’ fees and expenses, and e.l.f. Cosmetics will not pay your attorneys’ fees or expenses except to the extent ordered to do so by the arbitrator. If you prevail in arbitration, however, you will be entitled to an award of reasonable attorneys’ fees and expenses to the extent allowed for under applicable law and ordered by the arbitrator. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous according to Federal Rule of Civil Procedure 11, or brought for an improper purpose, you agree to reimburse e.l.f. Cosmetics for all fees associated with the arbitration paid by e.l.f. Cosmetics that you otherwise would have been obligated to pay under the AAA Rules. In determining whether an action is frivolous, the arbitrator may consider whether e.l.f. Cosmetics has offered you a full refund of the sum you paid for items you purchased from e.l.f. Cosmetics or has otherwise offered full relief to you in relation to your individual claim. If the arbitrator, upon final disposition of the case, finds your dispute was not frivolous, e.l.f. Cosmetics will reimburse any filing fees that you paid and were not otherwise reimbursed. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these terms and conditions will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these terms and conditions, you and e.l.f. Cosmetics are each waiving the right to trial by jury or to participate in a class action or class arbitration.
- WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. To the fullest extent permitted by applicable law, you and e.l.f. Cosmetics each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and e.l.f. Cosmetics AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and e.l.f. Cosmetics EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and e.l.f. Cosmetics agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this section are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.
- You have the right to opt-out and not be bound by the arbitration provisions set forth in these terms and conditions by sending written notice of your decision to opt-out to:
e.l.f. Cosmetics, Inc.
Attn: Legal Department
570 10th Street
Oakland, CA 94607
The opt-out notice must be sent to e.l.f. Cosmetics within 30 days of your agreeing to these terms and conditions. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with e.l.f. Cosmetics through arbitration and/or that you do not agree to the class action waiver. If you do not opt out, you shall be bound to arbitrate disputes on an individual basis in accordance with the provisions of this section. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions and/or class action waiver, e.l.f. Cosmetics also will not be bound by them.
- Governing Law and Other Terms. This binding arbitration agreement and class action waiver are governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this binding arbitration agreement and class action waiver, or to any disputes and claims that are covered by this binding arbitration agreement and/or class action waiver, the law of the state of California will apply. We will provide notice of any material changes to this binding arbitration agreement and/or class action waiver (which may be satisfied by updating these terms and conditions, unless not otherwise permitted by law), in which case you will have the right to opt out of the arbitration provisions and/or class action waiver within 30 days after such change, consistent with the terms above. Except as set forth above regarding the class action waiver provision, if any portion of these arbitration provisions is deemed invalid or unenforceable, it will not invalidate the remaining portions of these arbitration provisions. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this binding arbitration agreement, including whether any dispute falls within its scope, as set forth above. However, the parties agree that any issue concerning the validity of the class action waiver above must be decided by a court, as set forth above, and an arbitrator does not have authority to consider the validity of the waiver.
If you have questions or concerns about these terms and conditions or the e.l.f. Text Message Program, please contact us. Our contact information can be found here.