Paul Frederick Website Terms of Use

These Terms of Use (hereinafter, the “Terms”) are a legal contract between you and Paul Fredrick Menstyle LLC, (hereinafter, “Paul Fredrick”, “us” or “we”), and set forth the terms and conditions which govern your use of the website located at the URL: https://www.paulfredrick.com (hereinafter, the “Site”), the text, graphics, videos, photographs and other content (collectively referred to as “Materials”) made available on the Site.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE SITE. BY USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR ANY MATERIALS AND MUST IMMEDIATELY CEASE SUCH USE. PAUL FREDRICK MAY MODIFY THESE TERMS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED TERMS ON THE SITE. BY USING THIS SITE AFTER PAUL FREDRICK HAS UPDATED THESE TERMS, YOU ARE AGREEING TO ALL THE UPDATED TERMS; IF YOU DO NOT AGREE WITH ANY OF THE UPDATED TERMS, YOU MUST STOP USING THE SITE.

NOTE: THESE TERMS CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH PAUL FREDRICK. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

 

Using the Site.

By using the Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age (a “Minor”), that you are using the Site with the consent of your parent or legal guardian who has agreed to these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a Minor, you are fully responsible for the Minor’s use of the Site, including all legal liability he or she may incur.

In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to access the Site and display the Materials; your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit the Site or any of the Materials in any manner. If you make copies of any of the Materials then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Site.

Unfortunately, if you breach any of the terms of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

 

Accounts, Passwords and Security.

Access to and use of certain Site functionality requires a Paul Fredrick account. This account will be created automatically the first time you place an order with us and will use the email address you use for your order as your username. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. You acknowledge that Paul Fredrick reserves the right to terminate these Terms and your continued access and use of the Site if any of the information you have provided is untrue, inaccurate, not current or incomplete.

You are entirely responsible for maintaining the security and confidentiality of your account and password. Furthermore, you are entirely responsible for any and all activities and conduct, whether by you or anyone else, that are conducted through your account. You agree to notify Paul Fredrick immediately of any unauthorized use of your account or any other breach of security. Paul Fredrick will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Paul Fredrick or another party due to someone else using your account or password.

Prohibited Activities.

You are authorized to use the Site only for personal use (the “Permitted Purpose”). Any other use of the Site beyond the Permitted Purpose is prohibited and, therefore, constitutes unauthorized use of the Site. This is because as between you and Paul Fredrick, all rights in the Site and Materials remain our property.

Unauthorized use of the Site may result in violation of various United States and international copyright laws. If we determine that you act in bad faith in violation of these Terms, or if we determine that your actions fall outside of reasonable community standards, we may, in our sole discretion, terminate your right to use the Site. By way of example, you specifically agree that you shall not:

· use the Site or any Materials for any public or commercial purpose, which includes use of the Materials on another site;

· copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Materials, information, software, products or services obtained through the Site;

· transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;

· impersonate any person or entity, including without limitation, any Paul Fredrick official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;

· Use racially, ethnically, or otherwise offensive language.

· Discuss or incite illegal activity.

· Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).

· Post anything that exploits children or minors or that depicts cruelty to animals.

· Post any copyrighted or trademarked materials without the express permission from the owner.

· Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.

· Use any robot, spider, scraper or other automated means to access the Site.

· Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

· Alter the opinions or comments posted by others on this Site.

· Post anything clearly false or misleading.

· Post anything unrelated to our business, products or services.

· Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.

This list of prohibitions provides examples and is not complete or exclusive. Paul Fredrick reserves the right to terminate your access to the Site, with or without cause and with or without notice, for any reason or no reason, or for any action that Paul Fredrick determines is inappropriate or disruptive to the Site or to any other user of this Site. Paul Fredrick may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Paul Fredrick’s discretion, Paul Fredrick will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

You agree to indemnify and hold Paul Fredrick and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Paul Fredrick or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any

claim or demand from a third-party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party

 

Links to Third-Party Sites.

We may provide links from the Site to third-party websites (“Third-Party Sites”), including, but not limited to, links to websites owned by third parties. If you use these links, you will leave the Site. Paul Fredrick provides these links to you as a convenience, and we do not verify, make any representations, or take responsibility for the Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, or other activities conducted on or through the Third-Party Sites. Therefore, unless specifically stated on the Site, we do not endorse or make any representations about Third-Party Sites or any information, material, or results that may be obtained through the use of Third-Party Sites. If you decide to access any of the Third-Party Sites linked to by the Site, you do so entirely at your own risk, and you must follow the privacy policies and the terms and conditions for those Third-Party Sites.

YOU AGREE THAT PAUL FREDRICK WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE, FOR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

 

Online Purchases.

You agree to pay any fees applicable to your use of the Site, including but not limited to fees and charges applicable to your purchases. We may suspend or terminate your account and/or access to the Site and/or Materials if your offered payment method (e.g., credit card, Venmo, etc.) cannot be processed. By providing a payment method, you expressly authorize us and/or our third party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto, all of which depend on the products you purchase. You agree that we may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees.

You may be permitted to purchase a variety of products (“Products”) through the Site’s storefront. To do so, you must supply certain information relevant to your transaction, including, without limitation, your credit card, the expiration date of your credit card, the name on your credit card, and/or your billing address. Once you have submitted your payment information, we or our third party payment processor will authorize the payment and send you a confirmation email.

All descriptions, images, features, specifications and prices of the Products are subject to change at any time without notice. The inclusion of any Product on the Site does not imply or warrant that such Product will be available. We reserve the right, with or without prior notice, to do any

one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product.

Products will be shipped in accordance with the shipping method you select when placing the order and our then-current shipping policies. All clothing orders will be processed and fulfilled by our third party fulfillment partner. You acknowledge that any delivery dates we may provide are non-binding estimates only and that you have no claim against Paul Fredrick for delays or early deliveries. We reserve the right to make deliveries in installments.

You should inspect your package to ensure the contents arrive undamaged. If you are not home when a delivery arrives, the delivery person may leave the package for you.

Paul Fredrick is not responsible for:

· Items delivered to incorrect addresses supplied by you or the recipient of the product.

· Delays resulting from inclement weather, natural disaster or other unforeseen circumstances.

· Delivery issues arising from the recipient not being present at the time of delivery at the address supplied by the you or recipient.

· Decreased product quality due to an incorrect delivery address supplied by you or the recipient, or a re-route requested by you or the recipient.

· Product quality problems caused by improper handling by you or the recipient.

All claims for damaged or missing clothing shipments must be made by through our third party fulfillment partner. Please see our Terms of Sale (https://www.paulfredrick.com/pages/terms-of-sale) for more terms, policies and information governing orders, shipping and returns. If you do not agree to be bound by such terms and policies, you may not purchase Products from the Site.

Electronic Communications.

By using the Site and/or the Materials, you consent to receiving electronic communications from us (including, if you have opted in, via text message). These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site, Materials, Products or your purchases. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Standard carrier data charges may apply to your use of text messaging and you are solely responsible for such charges.

 

Privacy Policy.

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. Please review our privacy policy (the “Privacy

Policy”), which further explains how Paul Fredrick collects and uses the information that we obtain through users’ use of the Site.

Proprietary Rights.

The trademarks, service marks, and logos of Paul Fredrick (“Our Trademarks”) used and displayed on various parts of the Site are registered and unregistered trademarks or service marks of Paul Fredrick. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks” and, collectively with Our Trademarks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Site are our sole property, or the property of our suppliers and licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Reporting Violations of Your Copyrights or other Intellectual Property Rights.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Paul Fredrick infringe your copyright, you, or your agent may send to Paul Fredrick a notice requesting that the material be removed or access to it be blocked.

If you believe your copyright or other intellectual property right is being infringed by a user of the Site, please provide written notice to our agent for notice of claims of infringement:

To be sure the matter is handled immediately, your written notice must:

· Contain your physical or electronic signature;

· Identify the copyrighted work or other intellectual property alleged to have been infringed;

· Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;

· Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);

· Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;

· Contain a statement that the information in the written notice is accurate; and

· Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern. Please be aware that there can be penalties for false claims under the DMCA.

Disclaimer of Warranties.

Your use of the Site is at your own risk. The Materials may include inaccuracies or typographical or other errors. Paul Fredrick does not warrant the accuracy or timeliness of the Materials contained on the Site and we have no liability for any errors or omissions in the Materials, whether provided by Paul Fredrick, our licensors or suppliers, or other users.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND MATERIALS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS", AND THE ENTIRE RISK AS TO THEIR USE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR MATERIALS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SITE, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET FORTH HEREIN PAUL FREDRICK DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT. THE FOREGOING DISCLAIMER OF WARRANTY, HOWEVER, DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY PAUL FREDRICK AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PAUL FREDRICK NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE OR MATERIALS; (ii) ANY CONTENT CONTAINED ON OR ACCESSED THROUGH THE SITE; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR IN THE MATERIALS; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT OR MATERIALS ON OR ACCESSIBLE THROUGH THE SITE, OR (vii) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL PAUL FREDRICK’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SITE AND/OR FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. IF ANY PART OF THE DISCLAIMERS OF WARRANTY OR THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT PAUL FREDRICK’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

Indemnification.

You agree to indemnify, defend, and hold Paul Fredrick and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these Terms, and/or (ii) your access or use of the Site. This Section shall survive in the event these Terms are terminated for any reason.

Jurisdictional Issues.

Paul Fredrick controls and operates the Site from the United States of America and makes no representation or warranty that the Site, Materials or Products are appropriate or available for use in locations outside the United States. Those who choose to purchase Products or access the Site and/or Materials from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Paul Fredrick reserves

the right, at any time in our sole discretion, to limit the availability and accessibility of the Site and/or Materials to any person, geographic area, or jurisdiction we so desire, and/or to limit the quantities of any Products that we provide.

Feedback.

To the maximum extent permitted by applicable law, any submissions you provide to us regarding the Site, Materials and/or Products (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign to us all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable and/or subject to copyright, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Termination.

You agree that Paul Fredrick, in its sole discretion, may terminate your account, or use of the Site or Materials (in whole or in part), and remove and discard any content from the Site, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. In the event that we suspend or terminate your access to the Site, you will continue to be bound by the terms of these Terms that were in effect as of the date of your suspension or termination.

Dispute Resolution and Arbitration; Mass Arbitration; Class Action Waiver.

This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, and you and Paul Fredrick each agree that this section is intended to satisfy the “writing” requirement of the Federal Arbitration Act.

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A PRE-DISPUTE RESOLUTION PROCESS, BINDING ARBITRATION PROVISION, MASS ARBITRATION PROVISION, AND A CLASS-ACTION AND JURY TRIAL WAIVER.

To the fullest extent permitted by law, by using the Site, you and Paul Fredrick agree that if a dispute arises between you and Paul Fredrick relating in any way to the Site or your use thereof, including common law or statutory claims, the dispute will be resolved in accordance with the provisions set forth in this section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND Paul Fredrick

HAVE AGAINST EACH OTHER ARE RESOLVED. You and Paul Fredrick agree that any and all disputes or claims that have arisen or may arise between you and Paul Fredrick in connection with the Site, including any products or services offered or sold on the Site and your use of the Site, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation, or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

Opt-out

You may elect to opt-out (exclude yourself) from the pre-arbitration dispute resolution, final, binding arbitration procedure, mass arbitration procedure, and waiver of class and representative proceedings specified in these Terms by sending a written letter to Paul Fredrick at Paul Fredrick Menstyle LLC, 900 Corporate Dr, Reading, PA 19605 (the “Notice Address”), within thirty (30) calendar days of your initial agreement to these Terms. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

Pre-Arbitration Dispute Resolution

You and Paul Fredrick agree that whenever you or Paul Fredrick have a disagreement (“Dispute”) with the other arising out of, connected to, or in any way related to the Site that is subject to the arbitration provision herein, you and Paul Fredrick will first send a written notice to the other party (a “Demand”). You and Paul Fredrick agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the Notice Address. Paul Fredrick must send the Demand to you via certified mail to the most recent address Paul Fredrick has on file for you (or by email if Paul Fredrick only has an email address for you on file). A Demand (1) shall seek to resolve a Dispute only on an individual basis; (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for Paul Fredrick by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and Paul Fredrick will personally attend (with counsel, if represented). You and Paul Fredrick agree that you and Paul Fredrick will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve Disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.

Arbitration Procedure

If the Dispute stated in the Demand is not resolved to your or Paul Fredrick’s satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that you will file a demand for arbitration with JAMS. The arbitration will be conducted under JAMS’s Comprehensive Rules & Procedures, including the JAMS's Consumer Rules (as applicable), as modified by this Agreement to Arbitrate. The JAMS’s rules and a form for initiating arbitration proceedings are available on the JAMS’s website at: https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable, except that a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if the Pre-Arbitration Dispute Resolution requirements set forth above have not been met.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Paul Fredrick may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Virginia, including recognized principles of equity, and will honor all claims of privilege recognized by law.

The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’s rules.

Class Action Waiver

You and Paul Fredrick agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Paul Fredrick agree otherwise or the Mass Arbitration provisions set forth below are triggered, the arbitrator may not consolidate or join more than one person’s or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect any other person or party. You and Paul Fredrick further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between you and Paul Fredrick in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS.

Mass Arbitration

If, at any time, 25 or more claimants (including you) submit Demands or seek to file demands for arbitration raising similar claims against Paul Fredrick, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation’s (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules”) available at https://www.namadr.com/resources/rules-fees-forms/), you and Paul Fredrick agree that JAMS shall not serve as arbitrator and that instead NAM shall administer any Mass Filing claims and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. The parties agree to the appointment of a Procedural Arbitrator pursuant to NAM’s Mass Filing Rules, and additionally agree that the Procedural Arbitrator will have the authority to determine jurisdiction and arbitrability including, but not limited to, any issue regarding the validity, existence, formation or scope of the agreement under which Arbitration is being sought, and the proper parties to the Arbitration. You agree that throughout this process, the parties’ counsels shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that your election to participate in a Mass Filing may result in a delay in the adjudication of your dispute with Paul Fredrick. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth below.

Stage One: Counsel for the claimants and counsel for Paul Fredrick shall each select 15 claims per side (30 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Paul Fredrick will pay the mediator’s fee.

Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Paul Fredrick shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Paul Fredrick will pay the mediator’s fee.

If your claim is not resolved as part of the staged process identified above, either:

Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage Two or the elective mediation associated with Stage Two. We may opt your claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days

after the expiration of your 30-day opt out period. Counsels for the parties may agree to adjust these deadlines.

OR

Option Two: If neither you nor we elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 100, then 100 claims shall be randomly selected (or selected through a process agreed to by counsels for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 100, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 100 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsels for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

You and Paul Fredrick agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and Paul Fredrick acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim will proceed before JAMS pursuant to the JAMS Mass Arbitration Procedures and Guidelines (available at https://www.jamsadr.com/mass-arbitration-procedures). If a court of competent jurisdiction also determines that the JAMS Mass Arbitration Procedures and Guidelines are not enforceable as to your Claim, then the remaining Claims shall be subject to Option One or Option Two above as selected by you or us.

General Information And Choice Of Law And Venue.

As to all Disputes, whether in arbitration or in court, the Federal Arbitration Act, Pennsylvania state law, and applicable U.S. federal law, without regard to their choice of law or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the

Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms, the Site, the Materials or the Products will be heard in the federal or state courts located in Berks County in the State of Pennsylvania. If any terms of these Terms are found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Our failure to enforce any provisions of these Terms is not a waiver of such term. The section titles in these Terms are for convenience purposes only and have no legal or contractual effect. These Terms is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign these Terms to any third party whom we choose without your consent. No waiver by Paul Fredrick of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. The Arbitration Agreement and Class Action Waiver, and the proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

California Consumer Notice.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Site is provided by Paul Fredrick Menstyle LLC, 900 Corporate Dr, Reading, PA 19605. If you have a question or complaint regarding the Site, please contact Customer Service at customerservice@paulfredrick.com. You may also contact us by writing Paul Fredrick Menstyle LLC, 900 Corporate Dr, Reading, PA 19605, Attn.: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Boulevard, Sacramento, CA 95834 or by telephone at 916–445-1254 or 800–952-5210 or Hearing Impaired at TDD 800–326-2297 or TDD 916–322-1700.

Contact Us.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at Paul Fredrick Menstyle LLC, 900 Corporate Dr, Reading, PA 19605, Attn.: Customer Service, or by email at customerservice@paulfredrick.com.