icon
FREE SHIPPING ON ORDERS $59+, EXCLUSIONS APPLY

Mobile Terms of Service

New Skinny Mixes, LLC

Last updated: December 7, 2023

The New Skinny Mixes, LLC mobile/SMS/text messaging service (the "Service") is operated by New Skinny Mixes, LLC (“Skinny Mixes”, “we”, or “us”) or a designated agent operating on behalf of Skinny Mixes. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). Please read these Mobile Terms carefully. We reserve the right to modify or cancel the Service or any of its features at any time without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and shall communicate any such modifications to you. Your continued use of the Service following the effective date of any such modifications shall constitute your acceptance of the Mobile Terms, as modified.

PLEASE NOTE: THESE MOBILE TERMS CONTAIN AND ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS, AS DETAILED IN THE DISPUTE RESOLUTION AND ARBITRATION SECTION, BELOW.

By providing or submitting your telephone number(s) to Skinny Mixes or otherwise Opting In to Skinny Mixes’ Service, you are expressly agreeing to receive recurring [non-marketing and] marketing SMS/text messages from and on behalf of Skinny Mixes through your wireless provider to the mobile number(s) you provided, even if your mobile number(s) is registered on any state or federal Do Not Call list. You are also confirming that you are (i) at least 18 years of age and (ii) the subscriber associated with such mobile number or otherwise authorized under a family or business plan to use such mobile number and Opt In to the Service. “Opting In” or “Opt In” means joining, authorizing, signing up, enrolling, acknowledging, or otherwise signifying consent to enroll in the Service/receive one or more SMS/text messages from Skinny Mixes or its third-party agents. [NTD: marketing texts or the use of an auto-dialer usually require express written consent, which is typically done with a check box disclaimer where the consumer can explicitly agree to receive marketing related texts. The disclaimer can also include a link to the SMS policy, but applicable law requires that the disclaimer is clear and conspicuous so it should at minimum require explicit agreement. I am happy to provide proposed language for a disclaimer if you do not yet have any].

Service Description

Text messages may be sent using an automatic telephone dialing system or other technology, including non-automatic telephone dialing systems, an autodialer, or other forms of machines or systems (no matter how they are classified or named and whether or not used together). Messages sent with the Service may include, but are not limited to, updates, alerts, information regarding order updates, account alerts, or promotional messages (including information regarding promotions, specials, and other marketing offers (e.g., cart reminders)). We may change any short code or telephone number we use to operate the Service at any time. To the extent permitted by applicable law, you agree that Skinny Mixes will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

You understand that you do not have to sign up for the Service in order to make any purchases of Skinny Mixes’ products, and your consent is not a condition of any purchase with Skinny Mixes. Your participation in the Service is completely voluntary.

Costs

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, including any applicable roaming charges. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

Opting Out of the Service

You may opt out of the Service at any time. Text the single keyword command STOP to +18449100924 or click the unsubscribe link (where available) in any text message from Skinny Mixes to cancel. You may receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Skinny Mixes mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

Carriers

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you obtain a new mobile number, you will need to notify us immediately [via the “Contact” page on Skinny Mixes’ website] and, if you desire to use the Service with your new number, you must Opt In to the Service with your new number. To the extent permitted by applicable law, you agree to indemnify Skinny Mixes for any and all claims, damages, costs, or expenses arising from or caused by, in whole or in part, your failure to notify Skinny Mixes if your mobile number changes, including without limitation for any claims, damages, costs, or expenses arising under applicable state laws or the Telephone Consumer Protection Act.

Privacy

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice which is incorporated herein by reference.

Contact

For Service support or assistance, text HELP to +18449100924 or email privacy@skinnymixes.com.

Governing Law

These Mobile Terms and any disputes arising out of or relating to these Mobile Terms shall be governed by the laws of the State of Delaware, without reference to conflict of laws principles.

 

Miscellaneous

 

The failure of Skinny Mixes to exercise any of its rights provided in these Mobile Terms shall not be deemed a waiver of any further rights hereunder. The invalidity or unenforceability of any provision of these Mobile Terms shall not affect the validity or enforceability of any other provision. If any provision of these Mobile Terms is declared invalid by any tribunal, then such provision shall be deemed automatically adjusted to the minimum extent necessary to conform to the requirements for validity as declared at such time and, as so adjusted, shall be deemed a provision of these Mobile Terms as though originally included herein. In the event the provision that is invalidated cannot be adjusted, the provision will be deemed deleted and treated as if it had never been included herein. In either case, the remaining provisions of these Mobile Terms shall remain in full force and effect.

 

Dispute Resolution and Arbitration

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIM(S).

 

If any provision of this Dispute Resolution and Arbitration Section is found unenforceable, such unenforceable provision shall be removed and the remaining terms shall be enforced. This Dispute Resolution and Arbitration Section survives any cancellation or termination of, or your participation in, the Service.

 

Arbitration:

 

There is no judge or jury in arbitration and the rules governing arbitration differ from the rules governing a court or administrative proceeding; however, arbitrators can award the same damages and relief that a court can award.

[Except as explicitly set forth in these Mobile Terms,] any dispute, controversy, or claim between you and Skinny Mixes that is arising out of or relating to these Mobile Terms, including with respect to the Service or text messages sent from Skinny Mixes or its third-party agents, shall be determined by arbitration in Delaware before a single arbitrator. Each party shall be responsible for its own attorney’s fees and costs that arise in arbitration.  [Notwithstanding the foregoing requirement to arbitrate, Skinny Mixes may bring enforcement actions in state or federal court (or the U.S. Patent and Trademark Office) to protect its intellectual property rights (including its copyright or trademark rights) from theft or unauthorized use.]

 

You and Skinny Mixes agree to first engage in good faith discussion to informally resolve any disputes that may arise under or relating to these Mobile Terms. If a dispute occurs, you must provide notice to Skinny Mixes at [insert contact email/address] (i) describing your dispute (including any relevant facts as well as the nature and basis for damages you are claiming to have suffered) and (ii) providing your name and contact information. If any such disputes are not informally resolved within thirty (30) days of your notice of such dispute to Skinny Mixes (as such time period may be extended by agreement between you and Skinny Mixes), you and Skinny Mixes agree to proceed with individual arbitration as outlined in this Arbitration Section.

 

Class Action Waiver:

 

To the fullest extent permitted by law, you and Skinny Mixes agree that any arbitration conducted in connection with these Mobile Terms shall be conducted in an individual capacity only and not as a class action, including as a plaintiff or as a class member in a class, representative, or consolidated action.

 

Waiver of Jury Trial:

 

If for any reason a claim or dispute will proceed in court rather than in arbitration, you and Skinny Mixes each waive any constitutional or statutory right to a jury trial, instead electing for the dispute to be resolved by a judge, unless such waiver is unenforceable.