TERMS OF USE

  1. Should you decide to order on EspeciallyYours.com (or any of our affiliated websites), you are agreeing to consent to our policies and terms of use. If you do not agree with our conditions, we ask that you do not order online.
  2. The content of EspeciallyYours.com is protected by U.S. and international copyright, trademark, and other laws and treaties and may not be used except as permitted in these terms and policies. You cannot modify the information or materials displayed on the website in any way and you may not copy, resell, or exploit EspeciallyYours.com.
  3. Other than your personal information that is outlined in our Privacy Policy, any user information collected from our website is considered non-confidential and therefore subject to usage on radio, television, the internet, etc., for the purposes of advertising, promoting, and other means of furthering the success of the company.
  4. Any reviews, comments, statements, images, or videos (user-generated content) posted to EspeciallyYours.com by a customer are the opinion and sole responsibility of the customer. EspeciallyYours.com cannot guarantee the accuracy of any customer claims and does not endorse the customer opinions. Any user-generated content posted to EspeciallyYours.com is done so granting EspeciallyYours.com the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use said user-generated content in any manner to be determined by EspeciallyYours.com, including but not limited to on their webpages, social media pages operated by EspeciallyYours.com, and in other marketing, promotional, and advertising initiatives, in any media now or hereafter known.
  5. The policies and terms of use of other companies with which EspeciallyYours.com may be affiliated are NOT the policies and terms of use of EspeciallyYours.com and are therefore not responsible or subject to those same policies or terms of use.
  6. EspeciallyYours.com reserves the right to suspend or cancel an order for any reason. If there is a problem with processing your order, we will contact you either by phone or email. You, in turn, reserve the right to call and help rectify the situation or terminate your order with EspeciallyYours.com.

Mobile Terms & Conditions

Especially Yours offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by SMS message (the "Service") on 87460. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. Only United States mobile numbers are eligible to participate. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Especially Yours reserves the right to stop offering the Service at any time with or without notice. Especially Yours 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.

By opting into the Service, you:

  1. Authorize Especially Yours to use an automatic telephone dialing system to send recurring text messages, which may be automated, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
  2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
  3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
  4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, email [email protected] or call 1-800-952-5926. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on 87460, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:

  1. Sale Promotions
  2. Event information
  3. Product launch announcements
  4. Cart reminders
  5. Back in stock alerts
  6. Price drop alerts
  7. Low inventory alerts

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Especially Yours may add or remove any wireless carrier from the Service at any time without notice. Especially Yours and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Especially Yours, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 87460 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Especially Yours. You can also contact us at [email protected] or call 1-800-952-5926. These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 87460. This will provide you with an email address and phone number to customer service ([email protected] or call 1-800-952-5926). You can also contact us at Especially Yours, P.O. Box 105, South Easton, MA 02375, if necessary.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

ARBITRATION AND CLASS ACTION WAIVER

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Specialty Commerce Corp.'s services will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Specialty Commerce Corp. hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. ("FAA") applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association's Consumer Arbitration Rules in effect at the time of filing of the arbitration (the "AAA's Rules").However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys' fees) authorized by law and/or the AAA's Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SPECIALTY COMMERCE CORP. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND SPECIALTY COMMERCE CORP. AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Specialty Commerce Corp. are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.Specialty Commerce Corp., however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous.Otherwise, the AAA's Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver)is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.