Yankee Candle Messaging Terms & ConditionsYour use of this The Yankee Candle Company, Inc. (“Yankee Candle”) text message service constitutes your agreement to these terms and conditions. For purposes of these terms, "you" shall mean the owner or authorized user of the mobile device whose telephone number is submitted to subscribe to the service. You must be the mobile account holder and at least 18 years of age or have a parent or guardian's permission in order to participate. You agree to provide us with a valid mobile number. You represent and warrant that you are the registered owner or authorized user of the mobile number you provided and that you are authorized to enroll the designated phone number to receive such text messages. You agree and represent that the mobile number you provide at subscription is accurate and up-to-date. JoiningReceive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Yankee Candle, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when texting GLOW to 926533. By texting GLOW to 926533 you expressly consent to receive non-marketing and marketing text messages from Yankee Candle and others texting on its behalf, including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time as described in the Cancellation section below. Consent to receive automated marketing text messages is not a condition of any purchase. FrequencyMessage frequency will vary. Yankee Candle 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. Yankee Candle 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. Functionality and Mobile Use PrecautionsYankee Candle, its affiliates, service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. This service is offered on an "as is" and "as available" basis without warranties of any kind, except as otherwise expressly stated. Text messaging service may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to the functionality of your carrier’s network and text messaging platform, and restrictions set by your carrier to your account. Use of the ServiceThis service is intended for your personal, noncommercial use only. You are solely responsible for maintaining confidentiality of your contact information and information received on your mobile phone, and for failure to do so. You are solely responsible for all use of the service by you and anyone you allow access to the service on your mobile phone. Terms & ConditionsPlease read these terms carefully. Your use and continued access of this service will constitute Your ongoing agreement to these terms with their changes and revisions. You represent that you are authorized to accept these terms. If you cannot accept these terms, do not use this service. You agree to these terms and our Yankee Candle Terms of Use and Yankee Candle Privacy Policy (collectively, the “Terms”) which are hereby incorporated by reference. Your failure to abide by the Terms may result in suspension or termination of your access to this service, without notice, in addition to Yankee Candle’s other remedies. We do not charge for this service, but you are responsible for all charges and fees associated with text messaging imposed by your mobile operator, including message and data rates which may apply. Participating CarriersAT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, 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). CancellationText the keyword STOP to 926533 to cancel. After texting STOP, to 926533 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 keyword commands and agree that Yankee Candle 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 Yankee Candle through any other programs you have joined until you separately unsubscribe from those programs. HelpText the keyword HELP to 926533 to receive customer care contact information. Customer CareIf you are experiencing any problems, please email yankeecandleconsumercare@newellco.com and with details about your problem or your request for support. ContactThis message program is a service of Yankee Candle, located at The Yankee Candle Co., Inc, 16 Yankee Candle Way, South Deerfield, Massachusetts 01373. Dispute Resolution And Arbitration Agreement:Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Yankee Candle agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted in connection with the Terms ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent Both you and Yankee Candle agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party. Arbitration Agreement:To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under the Terms and with respect to any Dispute. You and Yankee Candle expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. You may begin an arbitration proceeding by sending a letter requesting arbitration to You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Yankee Candle will reimburse those fees for claims totaling less than $10,000. Yankee Candle waives its right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. In lieu of arbitration, either you or Yankee Candle may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Waiver Of Right To Bring Class Actions And Representative Claims:All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Yankee Candle agree that each may bring claims against the other in arbitration only in their respective individual capacities and in so doing you and Yankee Candle hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. Additional Terms:This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the messaging service. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. LIMITATIONS OF LIABILITY. THE YANKEE CANDLE MESSAGING PROGRAM IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YANKEE CANDLE IS NOT RESPONSIBLE FOR ANY ASSURANCES, GUARANTEES, REPRESENTATIONS OR WARRANTIES MADE OR IMPLIED BY ANY PARTIES ASSOCIATED WITH OR INVOLVED IN THE MESSAGING PROGRAM. Indemnification and ReleaseYou agree to indemnify, defend, and hold Yankee Candle harmless from any claims, liability, damages or costs arising from your use of the service or from you providing us with a phone number that is not your own. You agree that Yankee Candle will not be liable for failed, delayed, or misdirected delivery of, any information sent through the service; any errors in such information; any action you may or may not take in reliance on the information or service. You hereby agree to release Yankee Candle, its affiliates and third-party service providers and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the service. For California Residents Only:Notice of Financial IncentiveYou have the right to receive equal service and price and not be discriminated against for exercising any of your California Consumer Privacy Act (“CCPA”) rights. The CCPA also allows us to offer certain financial incentive programs that may result in different prices, rates, or quality levels when consumers make purchases through these programs. When you sign up for these programs, we will ask you to provide your contact information, email address or phone number to receive messages that include information about the programs. Your contact information, email address and phone number are personal information, and the value of your personal information to us is related to the value of the free or discounted products that you obtain in connection with these programs, and it is based on the expense related to offering those free or discounted products or services. Before we save your contact information, email address and/or phone number to our databases or send you any promotion offer, you will be presented with the opportunity to opt-in to the program. You may withdraw from participating in these programs at any time in accordance with the Cancellation provision above. This Notice of Financial Incentive incorporates the terms of the Yankee Candle Privacy Policy. |