User Opt In

You agree to receive recurring automated promotional and personalized marketing SMS/MMS/text messages from Refrigiwear, Inc. to the mobile telephone number you provided when signing up or any other number that you designate. You certify that your mobile number provided is correct and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates may apply. The text messaging may not be compatible with all mobile phone models and message frequency will vary. Refrigiwear, Inc. reserves the right to alter the frequency of messages sent at any time. Refrigiwear, Inc. is not responsible for any delays upon sending or receiving text messages. Messages may include checkout reminders. Message and data rates may apply. Message frequency varies.

Opt Out or Cancellation

If you do not wish to continue participating in the Program or no longer agree to this Agreement, Text the keywords STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Refrigiwear, Inc. in order to opt out of the Program. The current program phone number is +18446401243. You may receive one additional message confirming that your request has been processed. You understand and agree that our text messaging platform may not recognize other methods of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list.

Customer Support & Contact

If you are experiencing any problems, please contact us at keepmewarm@refrigiwear.com or 800-645-3744.

Florida Telemarketing Act and the Florida Do Not Call Act

We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but are not limited to opt-in, help or stop requests, response to Keywords, and order status or shipping notifications) shall not constitute a "telephonic sales call" or "commercial telephone solicitation phone call" for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Terms and Conditions and Privacy Policy

You also agree to our Terms and Conditions and Privacy Policy (collectively the "Terms") which are hereby incorporated herein by reference. In the event that there is a dispute, claim, or controversy between you and us, or between you or any other third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (if applicable), such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined in accordance with the Terms (including, without limitation, with respect to jurisdiction and governing law).

Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Our Disclaimer of Warranty

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Your wireless carrier is not liable for delayed or undelivered mobile messages.