TERMS OF USE AND CONDITIONS

Welcome to the websites (“Sites”) of the branded divisions of Careismatic Brands, LLC (collectively, "We" or “Us”). We are pleased to give you access to the Sites. Your use of the Sites, and all information, products and services on the Sites (collectively, the "Services") are subject to the binding legal terms set forth below ("Terms"). You understand we may update these Terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new features or updated Services that we put on the Sites will be subject to these Terms. BY USING THE SITE, YOU AGREE TO EACH OF THESE TERMS OF USE AND OUR PRIVACY POLICY https://www.allheart.com/privacy-policy.html WHETHER OR NOT YOU HAVE READ THEM. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.

NOTICE: THESE TERMS CONTAINS A MANDATORY ARBITRATION AGREEMENT. YOU AGREE THAT ANY CLAIMS YOU MAY HAVE AGAINST US RELATING TO THE SITE OR THE SERVICESS, THESE TERMS OR ANY TERMS AND CONDITIONS CONTAINED HEREIN MUST BE ARBITRATED, AND YOU EXPRESSLY WAIVE THE RIGHT TO (1) ASSERT CLAIMS AGAINST US IN COURT; (2) PARTICIPATE IN A REPRESENTATIVE OR CLASS ACTION; AND (3) HAVE A JURY HEAR YOUR CASE. YOU EXPRESSLY CONSENT TO HAVE ALL OF YOUR CLAIMS ARBITRATED ON AN INDIVIDUAL BASIS ONLY. YOU ALSO AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE PRIVACY POLICY, WHICH DESCRIBES HOW WE COLLECT, USE AND DISCLOSE YOUR DATA AND WHICH IS INCORPORATED INTO THESE TERMS, AND YOU CONSENT TO SUCH COLLECTION, USE AND DISCLOSURE. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITES OR ANY SERVICES.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Sites and use the Services for your personal and limited commercial use

Careismatic Brands, LLC Privacy Policy https://www.allheart.com/privacy-policy.html which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms.

In order to use the Sites and the Services, you need Internet access. You also need certain equipment to access the Sites and the Services, including a computer, modem mobile phone and other devices. You agree to pay for Internet access and the equipment needed, and we are not responsible for any of these costs. These Terms of Use govern your use of the Sites and your conduct, regardless of the means of access.

While we try to support most browsers, the Sites may require users to keep their browsers and operating systems up-to-date. We are not responsible if the Sites do not work on your browser and/or computer.

You are only eligible to use the Sites if you are of legal age in your country or you have consent from your parent or guardian.

Site Contents

All content, graphics, code and software used on or incorporated into the Sites, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Careismatic Brands, LLC, and all rights thereto are specifically reserved.

The Sites may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability. We apologize for any inconvenience.

Copyright and Trademarks

"All brand names and trademarks as well as page headers, custom graphics, buttons, images and other content on the Sites, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Careismatic Brands, LLC. Other trademarks, product names and company names or logos used on the Sites are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Sites is strictly prohibited.

You may download, copy or share content, graphics, code and software from this Site for your personal use only. No right, title or interest in any downloaded content, graphics, code or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content, graphics, code or software without permission.

Account Registration; Account Use

a. Account Registration. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. We may remove or reclaim your username if we believe it is appropriate (such as in response to a trademark claim).

b. Security of Your Account. You agree to notify Careismatic Brands, LLC immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Careismatic Brands, LLC or a third party due to someone else using your account.

c. No Obligation to Retain a Record of Your Account. Careismatic Brands, LLC has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.

Product Information

The products displayed on the Sites can be ordered and delivered only within the U.S.. Products displayed on the Sites may be available in select retail stores in the U.S. and certain foreign markets. All prices displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the U.S.. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. All prices displayed are real-time pricing and are subject to change at our sole discretion.

The products available on the Sites and the Services, including any gifts with purchase we may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from us. 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, as determined by us in our sole discretion.

Given the popularity of our products, and except where prohibited by law, we may limit the number available for purchase, so that as many clients as possible may enjoy our merchandise.

You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation; (ii) if you use the Site in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

We may, from time to time in our sole discretion, offer certain promotional codes. Promotional codes are non-transferable and are not redeemable for cash. The promotion code must be redeemed at the time of checkout, unless otherwise advertised. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Careismatic Brands, LLC at any time in its sole discretion. One of the promotional programs we offer customers is a loyalty program (Careismatic Rewards) that provides certain perks, such as rewards and exclusive offers. More details on the program can be found on our rewards page.

Title to and the risk of loss/damage of all products passes from us to you at the time we deliver the products to the common carrier for shipment. By purchasing products on the Sites for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

Return Policy

We want you to love your purchase. If you're not completely satisfied with your order, you may return it within 30 days of receipt for a refund.

We offer two convenient options for returns:

Return to one of our return processing partners for free: Just drop off your return at any FedEx, Kohl's or Lowe's store. No packaging needed.

Send by mail: Print your prepaid return label at home, pack your item(s) and drop off at a UPS store. If you choose this option, $4.99 will be deducted from your total refund.

To start your return, go to our online returns page here.

In order to qualify for a return:

• All items must be in their original condition with their original packaging, instruction manuals, warranties, and tags
• Products that were ordered as a set must be returned with all the set components
• We will not accept returns on personalized items
• We will not accept returns on garments or footwear that have been worn, stained, damaged or laundered.
• We will not accept returns on Clearance or Final Sales items
• We will not accept returns on items outside of the 30 day return window
• Original shipping/processing charges are not refundable.

If you have additional questions, please call us at 1-800-372-2201 or send an email to help@shop.careismatic.com.

California Residents - Proposition 65 Warning

It is required by the state of California that we inform the public about the possible presence of certain chemicals in our products. While we do not believe that our products contain any of the chemicals covered under Proposition 65, we are nevertheless required to provide the following: WARNING: This product contains a chemical (or chemicals) known to the State of California to cause cancer, birth defects or other reproductive harm.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Your Postings to the Sites

We may permit you to transmit or post comments, feedback, suggestions, ideas and information or content on the Sites (collectively "Content"). If you transmit or post any Content, on or through the Sites, you guarantee to us that you have legal rights to post the Content and it will not violate any law or the rights of any person.

The following Terms apply to Content:
a. License to Careismatic Brands, LLC. By sharing, submitting or uploading any Content, you grant Careismatic Brands, LLC a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of Content.
b. Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in this Section.
c. Right to Name, Image and Likeness. You also grant us the right to use and display the name, photograph and any other biographical information that you submit with any Content to provide the Services.
d. Your Responsibility for Content. You acknowledge and agree that you are solely responsible for all the Content that you make available through the Sites. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant Careismatic Brands, LLC the required rights to disseminate any Content and (2) neither your Content nor your posting, uploading, publication, submission or transmittal of this Content or Careismatic Brands, LLC’s use of your uploaded Content (or any portion thereof) on, through or by the means of the Sites, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation. You assume all risks and liability associated with your Content, including any third party or business’ reliance on its quality, accuracy, or reliability.
e. More specifically, and without limitation, you shall not:
i. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
ii. Defame, abuse, harass, stalk, threaten or otherwise violate any legal rights (including the rights of privacy and publicity) of others.
iii. Upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading or deceptive content or message.
iv. Promote or engage in discrimination, bigotry, racism, hated or harassment against any individual or group.
f. No Obligations Regarding Content. We will not have any obligation to hold any Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any Content for any reason or no reason at all. We do not endorse any Content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein.

Third Party Content and Third Party Sites

We may provide content of third parties ("Third Party Content") or links to Third Party sites as a service to those interested in this information. We do not monitor, approve or have any control over any Third Party Content or the Third Party sites and the inclusion of links to Third Party Content or Third Party sites does not imply any association or relationship between us and such third party. We do not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party site. We are not responsible for updating or reviewing Third-party Content or Third Party sites. You use Third Party Content and Third Party sites at your own risk. Third Party Content, including comments from third party users submitted to us through the Services, do not necessarily reflect our views.

Mobile Terms of Service

The Careismatic Brands mobile message service (the "Service") is operated by Careismatic Brands (“Careismatic Brands”, “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 Careismatic Brands’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Careismatic Brands 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 Careismatic Brands. 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 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 62189 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 Careismatic Brands 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, call 1-800-372-2201 or email help@shop.careismatic.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.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Careismatic Brands uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

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

DMCA

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates and its affiliates that your copyrighted material has been infringed.
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 site;
Your address, telephone number, and e-mail address;
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;
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 authorized to act on the copyright owner's behalf.
Send your copyright notices here: Careismatic Brands, LLC 15301 Ventura Blvd, Building D, Suite 300
Sherman Oaks, CA 91403
Attn: Careismatic Copyright Agent Email: help@shop.careismatic.com
Phone:1-800-372-2201

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.

Indemnity

You understand that you are personally responsible for your use of the Sites and the Services and you agree to indemnify and hold Careismatic Brands, LLC and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to (i) your use of the Sites or the Services, (ii) your violation of either these Terms or the rights of any third party, (iii) our use of your Content in the context of the Services or (iv) your intentional or negligent acts or omissions.

Disclaimer of Warranties

YOU UNDERSTAND THAT YOUR USE OF THE SITES OR THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE SITES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITES OR THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITES AND THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) ACCESSIBLE ON OR THROUGH THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHEN AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT CAREISMATIC BRANDS, LLC MAKES NO REPRESENTATION OR WARRANTY THAT THE SITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT CAREISMATIC BRANDS, LLC DOES NOT REPRESENT OR WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS PARAGRAPH.
TO THE FULLEST EXTENT PERMITTED BY LAW, CAREISMATIC BRANDS, LLC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES.

Liability Disclaimer and Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAREISMATIC BRANDS, LLC OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH
YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITES OR THE SERVICES, EVEN IF CAREISMATIC BRANDS, LLC HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $99.99. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT COMPANY MAY NOT EXCLUDE UNDER APPLICABLE LAW.

Access Restrictions; Termination

We can terminate your access to the Sites or the Services at any time, without cause and without notice to you. We can also change these Terms at any time, without notice to you, and your continued use of the Services after any change we make will mean that you have agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, YOU ARE NOT AUTHORIZED TO ACCESS THE SITES OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE. Upon any termination of these Terms you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.

Governing Law/Dispute Resolution/Arbitration

a. All matters relating to the Sites and Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
b. By using the Sites you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before a single neutral arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. The parties to arbitration may use legal counsel at their own expense. All costs of arbitration (including arbitrator fees) shall be paid by Careismatic Brands, LLC, except only that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. Without limiting the generality of the foregoing, in the event that any party seeks injunctive or equitable relief with respect to any actual or threatened breach of these
Terms, or with respect to public injunctive relief, such party may seek relief in a court of competent jurisdiction. Notwithstanding anything else in these Terms or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action (as defined below) related to a dispute covered by this arbitration provision. Notwithstanding anything else in these Terms or the JAMS rules, it is agreed that the arbitrator is specifically denied the authority to consider or certify any Class Action under these Terms. However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempted from this arbitration provision and brought in court of competent jurisdiction, in connection therewith and each of the parties consent to the sole and exclusive jurisdiction of the state and federal courts of the State of California, County of Los Angeles, Central District. For purposes of these Terms, the term “Class Action” shall mean claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.
c. WAIVER. BY AGREEING TO THESE TERMS AND SUBJECT THERETO, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
d. STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

Miscellaneous

These Terms, including our Privacy Policy, are the entire agreement between you and Careismatic Brands, LLC. They supersede any and all prior or contemporaneous agreements between you and Careismatic Brands, LLC relating to your use of the Sites or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

You may direct any questions concerning these Terms to:
Careismatic Brands, LLC
15301 Ventura Blvd, Building D, Suite 300
Sherman Oaks, CA 91403

Email: help@shop.careismatic.com
Phone: 1-800-372-2201