Byredo US – Website Terms of Use

Last Updated: April 2018

1. Terms of Website Use

These are the terms of use (Terms of Use) for your use of services or features on the site at www.Byredo.com (Site) owned and controlled by Byredo USA Inc ("Byredo", "we", "us" or "our") whether you are a guest or a registered user. Use of our Site includes accessing, browsing, or registering to use our Site. You may be accessing our Site from a computer or mobile phone or other portable device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access.

This Site is not designed for and does not collect, use, or disclose personal information from children under the age of 13.

We also like to interact with you on third party sites where we post content or invite your feedback, such as Facebook, Twitter, Instagram and YouTube (Third Party Sites). We do not control these Third Party Sites, and these Terms of Use do not apply to companies that Byredo does not own or control, or to the actions of people that Byredo does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Byredo reserves the right to change or modify any of the terms and conditions contained in these Terms of Use from time to time at any time, without notice, and in its sole discretion. If we decide to change these Terms of Use, we will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

By proceeding to use our Site, you confirm that you accept these Terms of Use and our Privacy Policy and that you agree to comply with them.  Please read these Terms of Use carefully before you start to use our Site. We recommend that you print a copy of this for future reference.

If you do not agree to these Terms of Use, you must not use our Site.

THE SECTION BELOW ENTITLED "DISPUTES'' CONTAINS PROVISIONS WHICH WAIVE YOUR ABILITY(I) TO HAVE YOUR DISPUTE HEARD BEFORE A JURY AND (II) TO BRING A CLASS ACTION. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

2. Copyright and Ownership of Rights

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is Copyright ©2018 Byredo AB, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Byredo AB or its affiliates and is protected by U.S. and international copyright laws. All software used on the Site is the property of Byredo or its software suppliers and is protected by U.S. and international copyright laws. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission in each instance. You may not modify, delete, distribute or post anything on this Site for any purpose.

3. Intellectual Property

Byredo.com, other trademarks, logos and service marks as well as all page headers, custom graphics and button icons are registered and unregistered service marks, designs, trademarks, and/or trade dress ('intellectual property') of Byredo AB our affiliates, our licensors and/or our suppliers in the United Kingdom, France, United States and may not be used in connection with any product or service that is not offered by Byredo in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All intellectual property displayed on our Site are protected by trademark laws in the United Kingdom, France, the United States and internationally. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written consent.

4. Accuracy of Content

The packaging of our products may vary from that shown. The weights and dimensions of our products are approximate only. We have made every effort to display as accurately as possible the color of the products that appear on the Site. However, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, Byredo disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Site. We are not responsible for the content of any Third Party Sites. Links appearing on this Site are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Site or in Third Party Sites.

5. Damage To Your Computer

Byredo makes every effort to ensure that this Site is free from viruses or defects. However, we cannot guarantee that your use of this Site or any websites accessible through it (including Third Party Sites) won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Site and screen out anything that may damage it. Byredo will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site.

6. Mobile Services

If you access the Sites via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.

7. Limitation of Liability

The Site and its content and services are presented "AS IS". To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content or services, whether express or implied.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

We will not be liable to any user for any loss or damage, in contract, warranty or in tort (including negligence) arising under or in connection with:

• use of, or inability to use, our Site; or
• inaccuracies or omissions in any content displayed on our Site.

In particular, we will not be liable in contract, warranty or in tort (including negligence) for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect, special, incidental or consequential loss or damage.

We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes.  You may not sell or resell any products you purchase or otherwise receive from Byredo. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Byredo in its sole discretion.

The preceding provisions are subject to the terms of Section 13 below.

8. Indemnification

You agree to defend, indemnify and hold harmless Byredo (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site in violation of any term of these Terms of Use; (b) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (c) any claim that any conduct by you caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site.   This provision is subject to Section 13 below.

9. Prohibited uses

You may use our Site only for lawful purposes.  You may not use our Site:

• In any way that breaches any applicable local, national or international law or regulation;
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• To circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any content or enforce limitations on use of the Site or the content therein; or
• To interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Use;
• Not to access without authority, interfere with, damage or disrupt:
  • any part of our Site;
  • any equipment or network on which our Site is stored;
  • any software used in the provision of our Site; or
  • any equipment or network or software owned or used by any third party.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable solicitors' fees, resulting from any third-party claim, action, or demand resulting from your unlawful use of the Site in violation of these Terms of Use. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.  This provision is subject to Section 13 below.

10. Submission of Information

We welcome your enquiries or feedback on the merchandise you use or might like to purchase. However, it is our policy to decline any unsolicited suggestions or ideas. Any inquiries, feedback, suggestions, ideas or other information you provide to us ('information') will be treated as non-confidential and non-proprietary. Subject to our Privacy Policy, by providing us with any such unsolicited information you hereby grant Byredo a non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the information in any form, media or technology and whether alone or as part of other works. You also agree that your information may not be returned and we may use your information and any ideas, concepts or know-how contained therein, for any purpose. Furthermore, if you send us any such information you represent and warrant that you own or otherwise are entitled to any and all rights to the information and that your information does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form. You may not impersonate any person or entity or use any false email address or otherwise mislead Byredo as to the origin of the information submitted and you agree to indemnify Byredo and hold Byredo harmless from and against any claims arising from your claims and/or any third party's claims to any rights in any such information.  This provision is subject to Section 13 below.

11. User Generated Material

By submitting ideas, designs, customizations, creative concepts, or any other information ("User Generated Material") to this Site (or to our accounts on any Third Party Sites), you accept and agree that you assign and /or waive all ownership of and rights (including moral rights) in or to any intellectual property rights and other rights in the User Generated Material to Byredo. To the extent such transfer is not valid, you grant Byredo, by submitting the User Generated Material to this Site, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), the User Generated Material for any purposes as it deems fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Site or other products or services both online and offline.

All User Generated Material shall be deemed to be non-confidential. Byredo  shall be entitled to use or disclose the User Generated Material in any manner whatsoever, without liability or notice to you. You acknowledge and agree that you shall have no claim against Byredo or any other party should any User Generated Material created, posted or sent by you be used in the above sense by Byredo or any part of its group.

You warrant that:

• you own or are otherwise entitled to any and all rights in any User Generated Material;
• any User Generated Material is not, and does not contain, material which is offensive, abusive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law including, in particular, any intellectual property rights;
• any User Generated Material is original and is not copied in whole or in part from any third party;
• any User Generated Material does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form; and
• you will not impersonate any person or entity or use any false email address or otherwise mislead us as to the origin of any User Generated Material submitted, and you agree to indemnify us and hold us harmless from and against any claims arising from your claims and/or any third party claims to any rights in any User Generated Material.

You agree that Byredo:

• does not, and has no obligation to, review the User Generated Material;
• is not in any manner responsible for User Generated Material;
• does not guarantee the accuracy, integrity or quality of User Generated Material; and
• cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Material will not appear on this Site.

Notwithstanding the foregoing, Byredo reserves the right to moderate all User Generated Material, and to decline the submission of, edit the content of, or remove from this Site, any User Generated Material in its absolute discretion, for example because it infringes the intellectual property rights of a third party, because the content is inappropriate, obscene, or abusive, or for any other reason. Byredo is under no obligation to inform you of the reasons for such intervention.

12. Non-waiver

No failure to exercise and no delay on the part of Byredo in exercising any right, remedy, power or privilege of Byredo under these terms & conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of Byredo.

13. Notice of Residents of New Jersey

Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally.  The following provisions in these Terms of Use do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms of Use limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to  limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright.  Your rights regarding these specific provisions will be governed by New Jersey law.  In the event of any conflict between these Terms of Use and New Jersey law, New Jersey law will govern.

14. Reservation of Rights

We reserve the right, at any time, without notice and in its sole discretion, to terminate your license to use the the Site and to block or prevent your future access to and use of the Site. Byredo may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any actions by you violate the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Byredo (and its employees), its users and the public.

15. Questions

If you have any questions regarding these terms of use please contact us by email at [email protected] or write to us at Customer Services Byredo, 240 W 35th Street, 14th Floor, New York, NY, 10001 United States

The Site is created and controlled by Byredo in the State of New York, U.S.A. As such, the laws of the State of New York will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Byredo reserves the right to make changes to the Site and these Terms of Use at any time.

16. Digital Millennium Copyright Act (DMCA)

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Byredo's  designated copyright agent the following written information in accordance with the DMCA:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Sites;
  A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your name, address, telephone number and email address (if available); and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our DMCA designated copyright agent for notice of claims of copyright infringement on this Web site is the Managing Director of Byredo USA Inc. , who can be reached as follows:

 

240 W 35th Street,
14th Floor
New York, NY, 10001
United States

 

17. Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

18. Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, Notices) to which these Terms of Use refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at [email protected] and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms of Use, including but not limited to the limited licenses set forth herein, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

19. General

You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

20. Disputes

Any claim or dispute between you and Byredo that arises in whole or in part from the Site shall be decided exclusively before a Judge in a court of competent jurisdiction located in New York.  YOU WILL NOT HAVE THE RIGHT TO ELECT THAT A JURY DECIDES YOUR CLAIM.  TO THE EXTENT PERMITTED BY APPLICABLE LAWS, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence is subject to Section 13.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OF REPRESENTATIVE PROCEEDING.

YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO AGREE TO THE TERMS OF THIS SECTION 20.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Byredo USA Text Program Terms and Conditions

A. General Terms

By signing up for the Byredo Text Program (“Program”), you agree to these terms and conditions (“Terms”) and our general Terms of Use (which include class action waiver, limitations on your rights and remedies and of our liability) and mandatory arbitration of disputes , acknowledge our practices described herein and in our Privacy Policy and authorize Byredo USA Inc. (“Byredo” “us” “we” or “us”) to deliver, to the designated mobile phone number (registered or used to opt-in via short code), promotional and other text messages, including via an autodialer (i.e., automated dialing technology). The Program is a Service as defined in the Terms of Use. You are not required to accept the Terms as a condition of purchasing any property, goods or services and no purchase is necessary to subscribe to the Program. If you do agree, you consent to receiving up to ten (10) promotional Program texts per month, plus additional non-promotional texts. You understand and accept that short-form descriptions of Program message caps (e.g., “up to 10 msg/mo ”) refer to only caps on promotional messages and not to non-promotional messages (e.g., responding to your HELP requests). Your subscription to the Program remains active until you unsubscribe. Further, you consent to receive electronic records by subscribing to the Program, and in order to withdraw your consent you should follow the unsubscribe process outlined below, at any time. If you unsubscribe you will be removed from the Program. Your consent to receive electronic records only applies to this Program. In order to update your contact information, follow the instructions below. You may obtain paper copies of electronic records by contacting us at [email protected] . Phones must be able to receive text messages in order to receive electronic records.

You can unsubscribe from the Program by texting “STOP” to a Program text you receive. You can also unsubscribe by calling us at 240-716-6518. You hereby consent to receive a text message confirming that you have unsubscribed, as well as other non-promotional text messages (such as when you text the short code to join, or send us a HELP text or any unrecognized message and when we send you administrative messages such as if we change the short code). You understand that unsubscribing to the Program will not terminate your consent to receive other kinds of text alerts, such as if you have requested BYREDO Retail store text alert s. You must unsubscribe from each text program separately. Unsubscribing to the Program texts also will not unsubscribe you from emails from us. However, you can follow the unsubscribe link on our promotional emails to learn how to opt-out of Byredo promotional emails (you may still, however, receive non-promotional emails from us).

You agree to promptly notify us if your phone number changes or you do not continue to own and control the device assigned by your carrier to the number you provided us by contacting us at [email protected] or by changing your Program subscription information here [https://www.byredo.com/us_en/newsletter/manage/].

The Program may not be available in all areas. You understand that message and data rates may apply and your carrier may charge you or deduct usage credit from your account when you text us or we text you and you consent to that. The Program may not be supported by all carriers and all devices. Check with your carrier for details. Carriers are not liable for delayed or undelivered messages. You represent and warrant that you are the age of majority where you reside (18 in most states) and are a U.S. resident using your U.S. mobile number to subscribe.

B. ARBITRATION; WAIVER OF CLASS ACTION CLAIMS

READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.

1. Generally. You and we (referred to individually in this Arbitration Agreement as “party” and collectively as “parties”) each agree that any and all controversies, disputes, allegations, or claims at law or equity that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of these Terms, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all of our products, through all merchandising channels, including but not limited to, the internet, this website, our App, social media, telephone, catalog, radio, television, mobile device and participating retail stores (“Dispute”), SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than through other legal proceedings in court. Arbitration is more informal than a lawsuit filed in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and Byredo agree that we intend for this Arbitration Agreement to satisfy the writing requirement of the Federal Arbitration Act, 9 U.S.C. §1, et seq.

2. Informal Dispute Resolution First.

(i) You and we agree that, prior to initiating an arbitration or other legal proceeding, you and we will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against us, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of our Legal Department at 240 W 35th Street, 14th Floor, New York, NY, 10001 .

(ii) Your Notice to us must contain all of the following information: (1) your full name, address, and the email address and phone number associated with your use of the Site or any Site account or that you have otherwise used to transact with us; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing us to disclose information about you to your attorney. (iii) After receipt of your Notice, you and we shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor we may initiate an arbitration or other legal proceeding.

(iv) If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.

3. Arbitration Procedures.

(i) The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable.

(ii) Conducting Arbitration and Arbitration Rules. Unless you give us notice of opt-out within five (5) business days of your purchase which is the subject of your Dispute, addressed to: Byredo USA Inc, 240 W 35th Street, 14th Floor, New York, NY, 10001 , ATTN: Legal Department, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Arbitration Agreement, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in New York County, New York, before a single arbitrator in accordance with Article 75 of New York’s Civil Practice Law and Rules. If the matter in dispute is between Byredo and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in New York County, New York or, if sought by Byredo, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the New York Supreme Court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.

(iii) An arbitration demand filed with JAMS must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution requirements and other requirements set out in this Arbitration Agreement.

(iv) If JAMS fails or declines to conduct the arbitration for any reason, you and we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator.

4. Additional Procedures for Multiple Case Filings.

(i) Multiple Case Filings. You and we agree that these “Additional Procedures for Multiple Case Filings” in this Section 14 shall also apply if you or we are subject to twenty-five (25) or more individual arbitration demands of a substantially similar nature with the assistance of the same law firm, group of law firms, or organizations (“Multiple Case Filing”). For the avoidance of doubt, this includes where you choose to participate in a Multiple Case Filing against us; for example, where your counsel asserts your Dispute against us in a Multiple Case Filing. Please be aware that if you do so, the resolution of your Dispute might be delayed and ultimately proceed in court. You and we agree that as part of these procedures, the parties’ counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the arbitrator’s resources. The limitations period(s) applicable to each arbitration demand within a Multiple Case Filing, including any applicable statutes of limitations and the requirement to file within one (1) year, shall remain tolled from the time a party makes a pre-arbitration demand to the time when that party files the arbitration demand with the arbitration provider.

(ii) STAGE ONE: If at least twenty-five (25) disputes are submitted as part of the Multiple Case Filing, you and we shall select sixteen (16) Disputes (eight (8) per side) to proceed as cases in individual arbitrations (“Bellwether Arbitrations”) as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 disputes, all shall proceed individually in Stage One). While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Multiple Case Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance. Following resolution of the Bellwether Arbitrations, the parties shall participate in a global mediation of all the remaining demands from the Multiple Case Filings, with a mediator jointly selected by counsel of the parties in an effort to resolve the remaining Disputes that are a part of the Multiple Case Filing.

(iii) STAGE TWO: If the remaining Disputes from the Multiple Case Filings have not been resolved at the conclusion of Stage One, you and we shall select fifty (50) Disputes (twenty-five (25) per side) to proceed as cases in individual arbitrations as Bellwether Arbitrations as part of Stage Two. The number of Disputes to be selected to proceed as part of Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage Two). The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes from the Multiple Case Filing with a retired mediator jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two). Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Multiple Case Filings provision and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, either an arbitrator or a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your dispute and are not enforceable, then, notwithstanding Section 13.5, your dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

(iv) Timing of Bellwether Arbitrations. The parties shall work in good faith with the arbitrator to complete each Bellwether Arbitration (in each respective stage, i.e., Stage One, Stage Two, and, if agreed, subsequent stages) within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Bellwether Arbitration process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Multiple Case Filings, including the claims of individuals who are not selected for a Bellwether Arbitration.

5. Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. For claims under $10,000, we will reimburse you for all arbitration fees, including the initial filing fee, if you are deemed the prevailing party by the arbitrator. For the global mediations to resolve Multiple Case Filings (if any) that take place according to this Section, we will pay the mediator’s fee.

6. Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the following types of claims brought by either you or we: (i) small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and (ii) claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.

7. Class Action Waiver. As permitted by applicable law, both you and Byredo waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Arbitration Agreement is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

8. Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.