Mobile Terms of Service

Mobile Terms of Service

TOCCIN

Last updated: Dec. 9, 2022

The TOCCIN SMS/Text messaging service (the "Service") is operated by TOCCIN (“TOCCIN”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to TOCCIN’s Service, you agree to receive recurring SMS/text messages from and on behalf of TOCCIN through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with TOCCIN. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with SMS or text messaging imposed by your wireless provider. 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.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18556950893 or click the unsubscribe link (where available) in any text message to cancel. You'll 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 TOCCIN 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.

For Service support or assistance, text HELP to +18556950893 or email info@toccin.com We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

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 get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we 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.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY PRE-DISPUTE RESOLUTION, BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

IRRESPECTIVE OF ANY LAW TO THE CONTRARY, YOU MUST PROVIDE NOTICE TO TOCCIN, PURSUANT TO THE PROCEDURES SET FORTH IN THIS SECTION, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE WAIVED AND TIME-BARRED.

 

For any Disputes with Toccin pursuant to these Mobile Terms of Service, you must first send your name, address, telephone number, email address, and sufficient information for Toccin to identify any transaction at issue; a detailed description of your Dispute; and the nature and basis of your claims and the relief sought, along with the calculation you used (the “Notice”) to the following email address: info@toccin.com. You and Toccin agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone or video settlement conference if requested by Toccin. If either party to the Dispute is represented by counsel, that party’s counsel may participate, but the party also must personally appear at and participate in the settlement conference. This process should lead to resolution of the Dispute, but if the matter is not resolved within sixty (60) days after Toccin’s receipt of the complete written description detailed above, you and Toccin agree to the further dispute resolution provisions below. This time period will start to run upon receipt of the information referenced above. If the sufficiency of the Notice or compliance with this pre-dispute resolution process is at issue, either party may elect to have this issue decided by a court, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.

 

You and Toccin agree that any and all controversies, disputes, demands, counts, claims, or causes of action between you and Toccin, or Toccin’s employees, agents, affiliates, subsidiaries, successors, representatives, or assigns (“Dispute(s)”), shall be resolved through binding and confidential arbitration. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. “Dispute” shall be interpreted broadly and shall also include all Disputes that arose before your agreement to these Mobile Terms of Service, and which arise after the termination of this agreement. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court.

 

YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND TOCCIN ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE ARBITRATION PROCEEDING. FURTHER, UNLESS BOTH YOU AND TOCCIN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THE PARTICULAR CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE SEVERED AND STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER) SHALL BE NULL AND VOID.

Arbitration shall be subject to the Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures (the “JAMS Rules”) as modified by this arbitration agreement. Each side shall pay their own attorneys' fees, costs, and arbitration fees unless the arbitrator finds, among other grounds, (1) that either the substance of a claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), or (2) the claim(s) at issue permit the prevailing party to be reimbursed its fees and litigation costs, and in such instances, the fees and costs awarded shall be determined by the arbitrator consistent with applicable law and with the JAMS Rules. The provisions of Federal Rule of Civil Procedure 68 shall be applied by the arbitrator. The arbitrator shall be bound by these Mobile Terms of Service as any court would be.

 

These Mobile Terms of Service may be updated by Toccin at any time without prior notice. By continuing to be enrolled in the Service, or by providing your cell phone number for transactional, operational, or informational text messages, you agree to any changes.