Terms of Service
By consenting to XCEPTIONL’s SMS marketing at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link provided within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at Support@XCEPTIONL.com for more information.
We reserve the right to modify any telephone number or short code used to operate this service at any time. You will be notified of any such changes. You agree that any messages sent to a telephone number or short code we have changed, including STOP or HELP requests, may not be received, and we are not liable for honoring requests made in such messages.
To the extent permitted by applicable law, XCEPTIONL is not liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any actions you take or do not take in reliance on the information provided.
Your privacy is important to us. You can view our [Privacy Policy] ([Insert Link]) to see how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement
1. Arbitration:
By using or purchasing XCEPTIONL products or services, you agree that any controversy, claim, action, or dispute between you and XCEPTIONL arising out of or relating to:
• (a) these Terms, or the breach thereof;
• (b) your access to or use of XCEPTIONL’s website, services, or materials;
• (c) any alleged violation of any federal, state, or local law, statute, or ordinance
(each such controversy or claim, a “Claim”) shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties submit disputes to a neutral arbitrator instead of filing a lawsuit in court. The arbitrator will issue a reasoned award in writing, including all findings of fact and law upon which the award is made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party shall bear its own attorneys’ fees, expert costs, and other expenses incurred in connection with arbitration.
2. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Texas, USA, but parties may choose to appear in person, by phone, or through document submission. The arbitration shall be governed by the Federal Arbitration Act (FAA) and Texas law, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If the arbitrator determines that the FAA does not apply, New York law governing arbitration agreements will apply.
All disputes regarding whether these arbitration provisions are unenforceable, unconscionable, applicable, valid, void, or voidable shall be determined exclusively by an arbitrator, and not by any court.
3. Exclusion from Arbitration:
You may choose to pursue a Claim in court rather than arbitration if you opt out of these arbitration procedures within 30 days from your first purchase of any XCEPTIONL products or services (the “Opt-Out Deadline”).
To opt out, mail a written notification to:
XCEPTIONL CLOTHING
[Insert Address]
Your written notice must include:
1. Your name
2. Your address
3. A clear statement that you do not wish to resolve disputes through arbitration.
Your decision to opt out will have no adverse effect on your relationship with XCEPTIONL. You are responsible for ensuring XCEPTIONL receives your opt-out notice, so you may choose to send it via a method that provides written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid, and you must pursue your Claim through arbitration.
4. Class Action Waiver:
You and XCEPTIONL agree that you may bring or participate in Claims only in your individual capacity and not as a plaintiff or class member in any class, consolidated, or representative proceeding.
Unless both you and XCEPTIONL agree in writing, the arbitrator may not:
• Consolidate or join claims of other individuals.
• Preside over any form of a representative or class proceeding.
Notwithstanding any other clause in this Agreement, any Claim regarding the enforceability, unconscionability, validity, voidability, or applicability of this Class Action Waiver may be determined only by a court of competent jurisdiction and not by an arbitrator.