Mobile Messaging Terms

Torrid LLC (“Torrid”) offers mobile communications services (“Messaging Service”) to individuals who reside in the United States or a U.S. territory and are over age 13.

The Messaging Service is subject to these Mobile Messaging Terms. Our collection, use, and disclosure of your personal information in connection with the Messaging Service is also subject to our Privacy Policy (available at https://www.torrid.com/torrid/customer-service/about-torrid/td-customerservice-abouttorrid-privacyresponsibility.html).

By enrolling, signing up, or otherwise agreeing to participate in the Messaging Service (“Opting In”), you accept and agree to these Mobile Messaging Terms, our Privacy Policy, and our Terms of Use (available at https://www.torrid.com/torrid/customer-service/about-torrid/td-customerservice-abouttorrid-websitetermsofuse.html).

1. Eligibility to Participate in the Messaging Service

   The Messaging Service may only be used by individuals who reside in the United States or a U.S. territory and over age 13. In addition, to Opt-In or otherwise participate in the Messaging Service, you must be the owner or authorized user of a registered, active mobile phone that is enabled for mobile messaging. If you do not meet all of these requirements, you are not eligible to Opt-In or otherwise participate in the Messaging Service and should not attempt to do so. If you are a parent/guardian and believe your minor child has Opted In to the Messaging Service, please contact Torrid using the contact information below.



2. Opting In to the Messaging Service

   You can Opt-In by providing Torrid with your mobile phone number or by texting JOIN to 57978. By Opting In, you agree to receive recurring mobile messages from Torrid and its affiliates, agents, service providers, vendors, contractors, and each of their employees, directors, officers, members, shareholders, agents, and contractors (collectively, the “Torrid Parties”) at the mobile phone number(s) that you provide. You agree that these mobile messages may be sent for any purpose, by any means, and regardless of whether any mobile number you provide is listed on the federal Do-Not-Call Registry or any state equivalent registry or list. You further represent that any mobile phone number you provide in connection with your Opt-In is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us using the contact information below.



3. How Messages Will Be Sent To You

   The Torrid Parties (including, but not limited to, Cordial) will send you mobile messages in various formats as part of the Messaging Service. These formats include telephone calls, text messages, short message service messages, multimedia messaging services, graphic images, graphic messages, images, and any other mobile transmissions. Messages may also be sent using automated technology, including an auto dialer, automated system, automated dial announcing device, automated voice, pre-recorded message or voice, or automatic telephone dialing system. Messages may also be sent using different telephone numbers or short codes.



4. No Purchase Required

   Your participation in the Messaging Service does not require that you make any purchase from us and your participation in the Messaging Service is completely voluntary.



5. Message and Data Rates May Apply

   We do not charge a fee for mobile messages sent through the Messaging Service. However, you acknowledge and agree that your wireless service provider may charge you for sending or receiving mobile messages and/or there may be additional charges from your wireless providers that may apply. Standard data and message rates may apply. You should check with your wireless service provider for mobile message and data rates. By Opting In, you agree that you will be solely responsible for any fees charged by your mobile carrier for any and all mobile messages that you send to, or receive from, the Torrid Parties, including for short message service and multimedia message alerts.



6. Types of Messages You May Receive

   The Torrid Parties may send you messages on any topic, including but not limited to promotional messages, transactional messages, and messages regarding products and services offered by other companies. Promotional messages advertise and promote our products and services and may include information about promotions, sales, events, specials, offers, discount codes, and other marketing-related messages such as abandoned cart or checkout reminders. Transactional messages relate to an existing or ongoing transaction or our relationship with you and may include messages such as order confirmations, shipping notifications and updates, delivery estimates, and other transaction-related information.



7. Message Frequency

   Message frequency varies, but we expect the Torrid Parties will send you up to 8 promotional text messages per week. The amount of transactional or other messages you receive will depend on your interactions with us, including your purchases and participation in other services.



8. Opting Out or Seeking Help

   You may opt-out of the Mobile Messaging Service at any time. If you wish to opt-out of the Messaging Service and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to the mobile number the message is sent from. You may also opt-out by texting STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to 57978. For additional information or assistance text HELP to 867743 or reply HELP to the mobile number the message is sent from. Our mobile messaging platform may not recognize requests that modify the foregoing commands. You agree that the Torrid Parties will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms.
   
   You may continue to receive mobile messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to join the Messaging Service again, just Opt-In as you did the first time, and we will start sending messages to you again.
   
   We may also change the telephone number or short code we use to operate the Messaging Service and we will notify you of any such change as required by law. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and the Torrid Parties will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.



9. Message Delays or Failures

   The Messaging Service may not be available in all areas, at all times, or on all mobile providers. The information in any mobile message may be subject to certain time lags and/or delays and is subject to effective and timely transmission from your mobile service provider. We will not be liable for any delays in the receipt of or failure to receive any mobile messages.
   
   The Messaging Service may also be discontinued if you change wireless service providers or if your wireless service is deactivated. In those situations, you may need to Opt-In to the Messaging Service again if you wish to continue participating in the Messaging Service and receiving mobile messages.



10. Security of Messages

    The mobile messages sent or received through the Messaging Service may not be encrypted and may include personal or confidential information about you, such as your account activity or status. You agree to protect your mobile phone or mobile device that receives information through the Messaging Service and not to let any unauthorized person have access to the information we provide to you through the Messaging Service.
    
    We do not send mobile messages that ask you to send any sensitive personal or financial information such as your social security number, credit card number, or account login details. If you ever receive such a request for sensitive or personal information, do not respond to the message. Please also report this incident to us using the contact information below.



11. Disclaimer of Warranties

    THE MESSAGE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE TORRID PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE MESSAGING SERVICE; (B) THE ACCURACY, COMPLETENESS, CORRECTNESS, ADEQUACY, USEFULNESS, TIMELINESS, AVAILABILITY, OR RELIABILITY OF ANY INFORMATION PROVIDED IN ANY MOBILE MESSAGE; (C) THE FUNCTIONS MADE ACCESSIBLE THROUGH THE MESSAGING SERVICE; (D) THE ACCURACY, COMPLETENESS, CORRECTNESS, ADEQUACY, USEFULNESS, TIMELINESS, AVAILABILITY, OR RELIABILITY OF ANY PROMOTIONS, DISCOUNTS, PRICES, SALES, SPECIALS, REWARDS, PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED IN ANY MOBILE MESSAGE; AND/OR (E) THE SECURITY OF THE MESSAGING SERVICE OR THE INFORMATION TRANSMITTED USING THE MESSAGING SERVICE. IN ADDITION, THE TORRID PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
    
    THE TORRID PARTIES DO NOT REPRESENT OR WARRANT THAT THE MESSAGING SERVICE OR MOBILE MESSAGES SENT OR RECEIVED USING IT WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE MESSAGES OR MESSAGING SERVICE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE TORRID PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) CONTAINED IN THE MESSAGES SENT OR RECEIVED THROUGH THE MESSAGING SERVICE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. THE TORRID PARTIES DO NOT WARRANT THAT YOUR USE OF THE MESSAGING SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TORRID PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS. BY OPTING IN OR USING THE MESSAGING SERVICE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE MESSAGING SERVICE.



12. Limitation of Liability

    UNDER NO CIRCUMSTANCES WILL THE TORRID PARTIES BE LIABLE TO YOU FOR ANY LOSS, INJURY, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR WORK STOPPAGE), EVEN IF FORESEEABLE OR EVEN IF THE TORRID PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES) THAT, DIRECTLY OR INDIRECTLY, ARISE OUT OF OR RELATE TO: (A) THE MESSAGING SERVICE; (B) THE ACCURACY, COMPLETENESS, CORRECTNESS, ADEQUACY, USEFULNESS, TIMELINESS, AVAILABILITY, OR RELIABILITY OF ANY INFORMATION PROVIDED IN ANY MOBILE MESSAGE; (C) THE FUNCTIONS MADE ACCESSIBLE THROUGH THE MESSAGING SERVICE; (D) THE ACCURACY, COMPLETENESS, CORRECTNESS, ADEQUACY, USEFULNESS, TIMELINESS, AVAILABILITY, OR RELIABILITY OF ANY PROMOTIONS, DISCOUNTS, PRICES, SALES, SPECIALS, REWARDS, PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED IN ANY MOBILE MESSAGE; (E) THE SECURITY OF THE MESSAGING SERVICE OR THE INFORMATION TRANSMITTED USING THE MESSAGING SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE TORRID PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE MESSAGING SERVICE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE MESSAGING SERVICE’S TECHNICAL OPERATION; (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION; (J) INCOMPLETE, LOST, LATE, DAMAGED, DELAYED, FAILED, ILLEGIBLE OR MISDIRECTED MOBILE MESSAGES; OR (K) ANY TECHNICAL PROBLEMS, DELAYS, OR MALFUNCTIONS OF THE MESSAGING SERVICE, ANY TELEPHONE LINES, COMPUTER SYSTEMS, SERVERS, PROVIDERS, DEVICES, MOBILE DEVICES, HARDWARE/SOFTWARE, NETWORK CONNECTIONS OR FAILED, INCOMPLETE, GARBLED OR DELAYED TRANSMISSION OR ANY COMBINATION THEREOF. IN NO EVENT WILL THE TORRID PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
    
    IN NO EVENT WILL THE TORRID PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
    
    YOUR ACCESS TO AND USE OF THE MESSAGING SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE MESSAGING SERVICE OR ANY OF THE MESSAGES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE MESSAGING SERVICE OR MESSAGES.



13. Termination or Modification of the Messaging Service or Your Use of It

    We may modify or cancel the Messaging Service or any of its features at any time, with or without notice. Torrid reserves the right to suspend or terminate your access to and use of the Messaging Service (or any portions thereof) for any reason, in its sole discretion, without notice and liability, including, without limitation, if Torrid believes your conduct fails to conform with these Mobile Messaging Terms, or you have otherwise used the Messaging Service for fraudulent, illegal, or immoral purposes. Torrid also reserves the right to investigate suspected violations of these Mobile Messaging Terms, including, without limitation, any violation arising from any messages you send using the Messaging Service. Any violation, or potential violation, of these Mobile Messaging Terms may be referred to law enforcement authorities.



14. Modification of the Mobile Messaging Terms

    To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website or otherwise provided to you, including through a link to the revised terms in any mobile message. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Messaging Service will constitute your acceptance of those modifications.



15. Contact Information

    You may contact us regarding the Messaging Service or the Mobile Messaging Terms at customerservice@torrid.com or 1.866.867.7431.