This section limits certain rights—including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to statutorily imposed limitations periods, the right to engage in discovery except as provided in applicable American Arbitration Association (“AAA”) rules, the right to certain remedies and forms of relief, and the right to court review of any award—that may not be available in arbitration.

To the fullest extent permitted by applicable law, any dispute or claim (whether based in contract, tort, fraud, misrepresentation, or any other statutory or common law legal theory) arising out of or relating in any way to these Terms of Use, your visit to the Site, your relationship with Liquid Beauty, or to any purchase, return or other transaction with Liquid Beauty (including claims relating to Liqui Beauty’s advertisements and disclosures, email and mobile SMS messages sent by Liquid Beauty, or Liquid Beauty collection or use of your information) (“Dispute”) shall be resolved through binding arbitration, rather than in court. Dispute shall be interpreted broadly and includes claims that arose before the existence of these Terms of Use or claims that may arise after the termination of these Terms of Use. Notwithstanding the foregoing, either you or Liquid Beauty: (1) may elect to have a Dispute heard in small claims court seeking individualized relief, so long as the Dispute falls within the jurisdictional limits of small claims court and that action remains in small claims court and is not removed or appealed to a court of general jurisdiction or (2) may bring suit to enforce intellectual property rights exclusively in any state or federal court in the state of California, rather than through arbitration, provided you or Liquid Beauty has a reasonable basis to believe that the other party has violated or threatened to violate the other party’s intellectual property rights.

To the fullest extent permitted by law, any cause of action or claim you may have must be commenced within one year after the claim or cause of action arises or it is waived and time-barred.

The Federal Arbitration Act (“FAA”) and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) only in favor of the individual party seeking relief as addressed below, and must follow the terms of these Terms of Use as a court would.

• 15(a): Mandatory Informal Dispute Resolution Process : Any party who intends to seek arbitration must first provide to the other party a written notice of the Dispute (“Notice”), describing the facts and circumstances of the Dispute, the claims asserted, and the specific relief sought and the calculation for it, and including any supporting documentation and information sufficient to identify any transaction at issue. If you are providing the Notice, it must be personally signed by you and mailed via certified or registered mail to Liquid Beauty as set forth in section 16 below. If Liquid Beauty is providing the Notice, it will be mailed to you at your last-used billing address or the billing and/or shipping address in your online profile. You and Liquid Beauty agree to negotiate in good faith in an effort to reach a resolution of the Dispute in connection with this mandatory informal dispute resolution process. Should Liquid Beauty request an individualized telephone conference with you in an effort to facilitate a resolution, you agree that you will personally appear (with your counsel if you are represented). The Dispute should be resolved to your satisfaction as part of this process, but if for some reason that is not the case within 60 days after your or our receipt of a fully completed Notice (absent agreement of the parties to extend this period), then either party may commence arbitration. Compliance with this informal process is a condition precedent to filing a demand for arbitration. Any applicable statute of limitations and filing fee deadlines shall be tolled while the parties engage in this required process. A court of competent jurisdiction shall have the authority to enjoin the filing or prosecution of arbitrations based on non- compliance with this condition precedent. A party will also retain the right to raise non- compliance in connection with an arbitration.
• 15(b): Arbitration Process. Any arbitration under this agreement shall be conducted by the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, and pursuant to the then applicable AAA Consumer Arbitration Rules and Mediation Procedures (“AAA Rules”) as modified by this Dispute Resolution and Arbitration Section. A demand for arbitration must be accompanied by a certification of completion of the informal dispute resolution process. Your demand for arbitration must be personally signed by you. If AAA is unavailable or unwilling to administer an arbitration consistent with this Dispute Resolution and Arbitration Section as written, the parties shall agree on a substitute arbitration organization that will administer the arbitration consistent with this Section. If the parties cannot agree on a substitute organization, they shall mutually petition a court of competent jurisdiction to appoint an arbitration organization that will administer the arbitration consistent with this Section. Payment of arbitration fees shall be governed by the AAA Rules. If the arbitrator finds that a claim was frivolous or brought for an improper purpose or for the purpose of harassment, the arbitrator may award fees and expenses. In addressing this determination, the arbitrator may consider, among other things, whether a party previously offered full relief to the other party, including a refund of any applicable purchase price. The arbitrator shall issue a reasoned opinion in connection with the awards with the essential findings of law and fact. The provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator after the issuance of an award. The arbitration award shall be binding only between the parties and shall have no preclusive effect in other arbitrations or proceedings involving different claimants. Subject to the AAA Rules, you may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location. An arbitration shall be conducted by a single neutral arbitrator. Except as specifically provided in this Dispute Resolution and Arbitration Section, all issues are for the arbitrator to decide, including but not limited to issues related to scope and enforceability. The arbitrator is bound by these Terms of Use as a court would be.
• 15(c): Class Action Waiver; Individual Relief; Venue; Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LIQUID BEAUTY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS (ARBITRATION OR LITIGATION) WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU FURTHER AGREE THAT YOU WILL NOT BE A MEMBER OF ANY PUTATIVE OR ACTUAL CLASS IN A CLASS ACTION BROUGHT BY ANYONE ELSE, NOR WILL YOU SEEK TO BECOME A CLASS REPRESENTATIVE. THE ARBITRATOR MAY AWARD THE SAME DAMAGES AND RELIEF (INCLUDING DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF AS TO THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING. IF ANY PORTION OF THIS PARAGRAPH IS FOUND TO BE VOID OR UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF) AND ALL APPEALS HAVE BEEN EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN THAT CLAIM OR REQUEST FOR RELIEF (AND ONLY THAT CLAIM OR REQUEST FOR RELIEF) SHALL BE RESOLVED IN FEDERAL COURT IN CALIFORNIA RATHER THAN IN ARBITRATION AND ONLY AFTER ARBITRATION OF ALL OTHER CLAIMS AND REQUESTS FOR RELIEF. IF THERE IS NO FEDERAL JURISDICTION, THE RESOLUTION OF THAT CLAIM OR REQUEST FOR RELIEF SHALL BE RESOLVED IN CALIFORNIA STATE COURT ONLY AFTER ARBITRATION OF ALL OTHER CLAIMS AND REQUESTS FOR RELIEF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LIQUID BEAUTY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.
• 15(d): Additional Procedures Applicable to Mass Arbitrations. The additional procedures set forth in this paragraph shall apply in the event that you or your counsel elect to resolve your Dispute in connection with 25 or more similar claims against Liquid Beauty brought by the same or coordinated counsel (“Mass Arbitrations”). You agree that if your Dispute is part of Mass Arbitrations, the adjudication of your Dispute might be delayed. The Mass Arbitrations, including your Dispute, shall be subject to a staged bellwether process and AAA’s Multiple Consumer Case Filing Fee Schedule shall apply. Counsel for the claimants and counsel for Liquid Beauty shall each select 15 demands for arbitration (per side) (a total of 30 demands for arbitration) to be filed in and to proceed in arbitration in bellwether proceedings to be adjudicated individually (with a different arbitrator for each arbitration). In the meantime, no other demands for arbitration shall be filed, processed, or deemed filed. If the parties are unable to resolve the remaining Mass Arbitrations after the conclusion of the first set of bellwether proceedings, each side may select 15 demands for arbitration (per side) (a total of up to 30 demands for arbitration) to be filed in and to proceed in arbitration in a second set of bellwether proceedings to be adjudicated individually (with a different arbitrator for each arbitration). In the meantime, no other demands for arbitration shall be filed, processed, or deemed filed. This process shall continue in subsequent sets of staged bellwether proceedings consistent with the process outlined above until the parties are able to adjudicate or resolve all remaining claims. Any applicable of statutes of limitations shall be tolled from the time the first demands for arbitration are selected for the first set of bellwether proceedings until a demand for arbitration is selected as part of a set of bellwether proceedings, withdrawn, or otherwise resolved. A court shall have the authority to enforce these Additional Procedures Applicable to Mass Arbitrations and, if necessary, to enjoin the filing or prosecution of arbitrations.
• 15(e): Survival and Modifications. This Dispute Resolution and Arbitration Section will survive after the Terms of Use terminate or your use of the Site ends. Notwithstanding any provision of these Terms of Use to the contrary, any modifications to this Dispute Resolution and Arbitration Section will not apply to any Dispute to which notice has been provided by Liquid Beauty or you to the other party.