PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. BY ENROLLING IN LUXURY BRAND HOLDINGS, INC. MESSAGING PROGRAM(S), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT COMPLETE YOUR ENROLLMENT.

NOTICE REGARDING DISPUTE RESOLUTION AND WAIVER OF JURY TRIAL AND CLASS ACTIONS: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND LUXURY BRAND HOLDINGS, INC. HAVE AGAINST EACH OTHER ARE RESOLVED AND REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST LUXURY BRAND HOLDINGS, INC. TO BINDING ARBITRATION. THESE PROVISIONS INCLUDE EACH PARTY'S WAIVER OF THE RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

Luxury Brand Holdings, Inc. offers its customers marketing and promotional mobile alerts by SMS message. These Messaging Terms & Conditions (the “SMS Terms”, “Terms” or “Terms & Conditions”) govern all communications to or from Luxury Brand Holdings, Inc. (also referred to as “LBH” “Company”, “we”, “us” or “our”), including without limitation communications made or sent from or on behalf of LBH through the use of short messaging service (“SMS”), multimedia messaging service (“MMS”), over-the-top messages, including but not limited to iMessage, WhatsApp, and social media direct messaging (“OTT”), or successor protocols or technologies (collectively, “Message(s)”), as part of or relating to the Ross-Simons SMS Program (the “SMS Program(s),” “Messaging Program(s),” or “Program(s)”). By participating in the Program(s), you are agreeing to these Terms, which constitute an agreement between you and us. You also acknowledge our Privacy Policy.

AGREEMENT DETAILS & NOTICES

Program Enrollment

Enrollment in the Program(s) requires you to provide your mobile phone number and to agree to these Terms. You may not enroll if you are under 18 years old. LBH reserves the right to stop offering the Program(s) at any time with or without notice. LBH 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.

Consent to Receive Messages

By enrolling in the Program(s), you are agreeing to receive ongoing and recurring informational and/or marketing Messages from LBH and/or third-parties acting on our behalf, at the telephone number(s) you provide, including but not limited to Messages sent using an autodialer and/or any other automated system or method and Messages sent outside of regular business hours. These Messages may include information about, but are not limited to, promotions, specials, offers, exclusive deals, product launch announcements, wishlist reminders and updates, events, cart reminders, back in stock alerts, price drop alerts, low inventory alerts, your orders, and your account and/or relationship with us. You understand that you do not have to agree to receive automated marketing Messages as a condition of purchasing any goods or services. You acknowledge that Messages may be sent to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive Messages from or on behalf of LBH, even if you terminate your relationship with us, except if you opt-out. You can stop receiving messages at any time by following the Opt-Out Instructions below. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive Messages. Messaging may only be available to customers of select carriers with compatible handsets.  

Provision of Telephone Numbers and Other Contact Information

You verify that any contact information you provide to us and/or our agents, including, but not limited to, your name, mailing address, email address, your residential, business, and/or mobile telephone number(s), is true and accurate. You verify that you are the current subscriber of (or, if on a family or business plan, customary user of) any telephone number that you provide to us, and further that you are authorized to opt in to the Program(s) at such telephone number. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account access and/or text program enrollment at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by Opting Out of the Program(s) or contacting Customer Service at 1-800-835-0919 or by email at customerservice@ross-simons.com to notify us of your change in phone number.

Consent to E-Signature

By enrolling in the Program(s), you consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call Customer Service at 1-800-835-0919

Call Recording and Monitoring 

You acknowledge that all communications, including Messages to, from or through LBH and/or our agents, affiliates, and independent contractors, may be monitored and recorded and you consent to such monitoring and recording.

Fees and Charges

There is no fee to receive automated Messages from us, our agents, affiliates, and/or independent contractors. However, messaging and data rates may apply and you could incur a charge for these Messages from your telephone carrier or service provider, which is your sole responsibility. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You represent and warrant that you are authorized to incur such charges and acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Program(s). You also acknowledge that LBH, our agents, affiliates, and independent contractors are not responsible for such charges. Your obligations under this provision will survive termination of these Terms.

Carriers

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. LBH may add or remove any wireless carrier from the Service at any time without notice. LBH and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. 

Unauthorized Use of Your Telephone Device

You must notify us immediately of any breach of security or unauthorized use of your telephone device. Although we, our agents, affiliates, and independent contractors will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for the losses of LBH, our agents, affiliates, independent contractors or others due to such unauthorized use.

Opt-Out Instructions

To opt-out of the Program(s), reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL or UNSUBSCRIBE to any Message you receive from us. You can also contact us at https://www.ross-simons.com/customer-care/contact-us/Contact-us.html to process opt-out requests. You acknowledge and agree to accept a final Message confirming your opt-out; this Message may also seek to clarify the scope of your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated Messages. You waive any rights to bring claims for unauthorized or undesired Messages by failing to opt-out. Please allow up to ten (10) days (unless otherwise required by applicable law) to process any opt-out request. Please note that even if you opt out of automated Messages, we reserve the right to send non-automated Messages to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.

Your Indemnification to Us

You agree to indemnify LBH, our agents, affiliates, and independent contractors for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). LBH shall have the exclusive right to choose counsel, at your expense, to defend any such claims. Your obligations under this Section will survive expiration or termination of these Terms.

Release of Claims

In consideration of the services provided by LBH, you hereby release LBH, our agents, affiliates, and independent contractors from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to Messages, including, without limitation, any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

DISPUTE RESOLUTION PROCESS

This Dispute Resolution Process, including obligation to arbitrate, shall apply to any claims, demands, losses, actions, disputes or controversies between you and LBH, arising out of or relating to these Terms, your enrollment in the Program(s), any Messages sent or received in relation to the Program(s), your relationship with LBH, and any other dispute you may have with LBH, including claims that arose before the existence of this or any prior agreement between the parties (collectively, “Dispute”). For U.S. residents, the Federal Arbitration Act (“FAA”), not state law, shall govern this Dispute Resolution Process and the arbitrability of all Disputes between LBH and you. The law of the State of Rhode Island or federal law, where applicable, shall govern the substance of any Dispute.

Informal Dispute Resolution

If you believe you have a Dispute with LBH, please contact LBH by email at customerservice@ross-simons.com so LBH can try to resolve your concerns. LBH will likewise contact you by email or other available contact information if it believes it has a Dispute with you. For a period of sixty (60) days from the date of receipt of notice from the other party, LBH and you will engage in a dialogue directly through consultation and good faith negotiations in order to attempt to resolve the Dispute, though nothing will require either you or LBH to resolve the Dispute on terms with respect to which you and LBH are not comfortable. Most concerns may be quickly resolved in this manner. Participation in this informal dispute resolution process—during which any applicable statute of limitations or filing fee deadline will be tolled—shall be a precondition to either party initiating a lawsuit or arbitration. Any Dispute that is not resolved through informal resolution shall be submitted to binding arbitration or small claims court as provided below. 

Binding Arbitration

If we cannot resolve a Dispute as set forth in the manner described in the preceding paragraph within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES BETWEEN YOU AND LBH (BASED IN CONTRACT, TORT, STATUTE, REGULATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT.

BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT (OTHER THAN SMALL CLAIMS COURT) AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.

Any Dispute will be resolved solely by binding individual arbitration before the American Arbitration Association (“AAA”) using AAA’s then-current Consumer Arbitration Rules, including, when applicable, AAA’s Mass Arbitration Supplementary Rules. You can obtain AAA procedures, rules, and fee information as follows: 800.778.7879 and http://www.adr.org. The arbitration will be conducted by a single arbitrator who shall be a retired state or federal court judge and who shall apply and be bound by these Terms. The arbitrator must be neutral and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator. Remedies that would otherwise be available to the parties under applicable federal, state or local laws remain available under this arbitration clause. The arbitrator will determine any Dispute according to applicable law and facts based upon the record and no other basis and will issue a written statement of the essential findings and conclusions on which the award is based for each claim asserted. All issues are for the arbitrator to decide, including issues of arbitrability of any Dispute, except that issues relating to whether the parties have entered a valid agreement to arbitrate are for the court to decide. To provide the most efficient resolution process, arbitration hearings may be conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However the arbitrator shall have discretionary authority to require a face-to-face meeting if the arbitrator determines that such a meeting is necessary for a fundamentally fair hearing. The in-person hearing shall take place in your county of residence or some other location that is convenient for you. 

No Class Action Matters

THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION, PARTICIPATE IN A CLASS ACTION, OR SEEK RELIEF ON A CLASS BASIS. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to the provisions of the Section titled “Jurisdictional Issues” below. The arbitrator does not have the power to vary these class action waiver provisions.

Arbitration Fees

If you initiate the arbitration, you will be responsible for paying the initial arbitration fee. All other costs of the arbitration will be borne by LBH. You will be responsible for your own attorney fees and expenses unless the arbitration rules or applicable law permit you to recover your attorneys’ fees. You will not be required to pay any fees or costs incurred by LBH if you do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award LBH attorney’s fees, expert witness fees, arbitration-related fees and/or costs. If LBH initiates an arbitration against you, LBH will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).

Injunctive Relief

The foregoing provisions of this Dispute Resolution Process will not apply to any legal action taken by LBH to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to or arising out of the Program(s), LBH’s intellectual property rights, LBH’s operations, or LBH’s products or services.

Small Claims Matters are Excluded from Arbitration Requirement

Notwithstanding the foregoing, either of us may bring a qualifying Dispute in a small claims court of competent jurisdiction. 

30-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following address via certified mail: Luxury Brand Holdings, 9 Ross-Simons Drive, Cranston, RI 02920, Attention: Chief Financial Officer. The notice must be sent within thirty (30) days after the date you first agreed to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt out of these arbitration provisions, LBH also will not be bound by them.

Jurisdictional Issues

Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute arising hereunder may only be instituted in state or Federal court in Rhode Island. You and LBH consent to the exclusive personal jurisdiction and venue of such courts for such matters. The law of the State of Rhode Island or federal law, where applicable, shall govern the substance of any Dispute (nonetheless, the FAA governs this Dispute Resolution Process). 

MISCELLANEOUS

Survivability

Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.

Date When Changes are Effective, and Revisions

These Terms may change at any time. We will post the revision date with the revised Terms. The revised Terms will apply to you for any communications you receive after the revision date. So please check back from time to time. Remember, you may always opt out of or unsubscribe from Messages by following the instructions in the “Opt-Out Instructions” section above.

Questions

Text HELP to 29574 for help at any time or text HELP in response to any Message from us. You can also contact Customer Service by phone at 1-800-835-0919 or by email at customerservice@ross-simons.com. You can contact us in writing at Ross-Simons Customer Service, 9 Ross-Simons Drive, Cranston, RI 02920-4476.

These Terms were last revised on Match 30, 2026