Customer Service

IMPORTANT NOTICE: THESE TERMS OF SERVICE (“TERMS”) CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING ANY DISPUTE BETWEEN YOU AND LULU’S FASHION LOUNGE, LLC (“LULUS”) AND ITS PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AS WELL AS EACH OF THEIR RESPECTIVE PAST, PRESENT, AND FUTURE PARENTS, SUBSIDIARIES, AND AFFILIATES (COLLECTIVELY, “LULUS PARTIES”, “WE,” “US”, “OUR”) TO BE EXCLUSIVELY RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. BY ACCESSING, USING, AND/OR BUYING ANY PRODUCT THROUGH THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Welcome to the Lulus website, www.lulus.com (the “Website” or “Lulus.com”), owned and operated by Lulus and other Lulus Parties, as applicable. Except as otherwise noted herein, these Terms govern your use of websites (including the Website), mobile applications and any other programming, tools, applications, technical products, features, software, games, experiences, or documentation provided by Lulus and/or other Lulus Parties, as applicable (“Services”). These Terms include our Privacy Policy available here, which is hereby incorporated by reference. These Terms include our Privacy Policy, available here, which is hereby incorporated herein by reference. The Services are offered subject to your acceptance of these Terms. These Terms constitute a legally binding agreement between you and Lulus Parties, and you should read them carefully. You acknowledge, agree to, and consent to these Terms by using the Services. Additional terms may govern certain features or content on the Service, such as free trial and reward programs, subscription programs, offers, sweepstakes and contests, and by participating in any activity on the Service governed by additional, you agree that you will be subject to those additional terms in addition to these Terms.

These Terms may be amended by us from time to time. Please periodically review the controlling, online version of these Terms. By clicking “I Agree,” “ok,” or continuing to use the Website subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree to, and consent to such amendment.

YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR USE THE WEBSITE OR OTHER SERVICES, AND SHOULD DISCONTINUE YOUR ACTIVITIES IMMEDIATELY. IF YOU ACCESS OUR SERVICES, YOU ARE AGREEING TO THESE TERMS.

When using the Services, you shall be subject to all displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms.

You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are at least 18 years of age. You should not place orders through the Services if you are not 18 years old or older.

We do not represent the Services are governed by or operated in accordance with the laws of other nations, or that the Services or any portion of them are appropriate or available for use in any particular location. If you choose to access the Services, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.

We provide users with access to Services, which may be accessed through any medium or device now known or hereafter devised, including websites, software, and applications that deliver and receive information through a network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current Services shall be included in the definition of “Services.”

Our Services provide information regarding, and the opportunity to purchase, a variety of clothing products and accessories.

You may access portions of the Services without creating an account. However, in order to access some portions and features of the Services, you will be required to create an account with and sign into the Services. You shall ensure that this data, and any other information that you provide to us in relation to the Services, is accurate and kept up to date. You may only have one account at any one time. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the Services, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at love@lulus.com. In the event you use our Services over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, may still apply.

To the extent you access certain software and services that are available via a mobile device (“Mobile Services”), including the ability to: (i) upload data to the Services via a mobile device; (ii) use the Services from a mobile device; and (iii) access certain features through a mobile application provided by Lulus Parties (“Mobile Application”), your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

By using the Mobile Services, you agree that we may communicate with you regarding Lulus Parties and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number. If you fail to comply with the obligation to promptly update your account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.

Subject to your compliance with these Terms, Lulus Parties grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Mobile Application on a mobile device that you own or control and to run such copy of the Mobile Application solely to access the Mobile Services for your own personal non-commercial purposes. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

You acknowledge and agree that the availability of the Mobile Application and the Mobile Services is dependent on the third party from whom you received the Mobile Application license, e.g., the Apple or Google app stores (“App Store”). You acknowledge that these Terms are between you and Lulus Parties and not with the App Store. As between Lulus Parties and the App Store, Lulus Parties, not the App Store, is solely responsible for the Mobile Application and the Mobile Services, the content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees (if any) charged by the App Store in connection with the Mobile Application and the Mobile Services. You agree to comply with, and your license to use the Mobile Application and the Mobile Services is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Mobile Application and the Mobile Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.

The following applies to any Mobile Application accessed through or downloaded from the Apple App Store:

• You acknowledge and agree that: (i) these Terms are concluded between you and Lulus Parties only, and not Apple; and (ii) Lulus Parties, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store terms of service.
• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
• In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Lulus Parties and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Lulus Parties.
• You and Lulus Parties acknowledge that, as between Lulus Parties and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• You and Lulus Parties acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Lulus Parties and Apple, Lulus Parties, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• You and Lulus Parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and the conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
• Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

You may use the Services to order products (“Products”) only in accordance with our Terms. All Products are subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products without notice. Your placement of an order as a customer does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order. We reserve the right to correct any errors with an order, or to cancel an order and refund any amount charged. IF YOU RECEIVE AN ORDER THAT YOU BELIEVE CONTAINS A MISTAKE, WE ENCOURAGE YOU TO CONTACT US RIGHT AWAY SO THAT WE MAY CORRECT THE ERROR.

Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the site is 100% accurate. In the event that a product is listed at an incorrect price or a product description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a refund to your credit card within a commercially reasonable amount of time.

We make reasonable efforts to display, as accurately as possible, the colors of our products. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of products you see when viewing the Services will be accurate.

We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.

Please refer to our Shipping Policies at https://www.lulus.com/customerservice/shippingusa and Return Policies at https://www.lulus.com/customerservice/returnspolicy for more information on our shipping rates and other policies and procedures, all of which are incorporated herein by reference.

All online purchases from Lulus Parties, except for online gift cards, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Lulus Parties do not take title to returned items until the item arrives at our fulfillment center.

Lulus and the associated logos, names, and slogans, including Lulu’s, LuLu*s, Lulus.com, Lulu’s Fashion Lounge, LLC, Coveted Curated Collected, lovelulus, and Love Lulus, are our trademarks and/or service marks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Services are trademarks or trade dress of Lulus Parties. Lulus Parties’ trademarks and trade dress may not be used in connection with any product or service that does not belong to Lulus Parties’, in any manner that is likely to cause confusion among customers. Other trademarks, service marks, names, and logos used on or through the Services, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.

Most content available on or through the Services, such as text, graphics, and photographs, are our works (“Works”) (i.e., content we own, authored, created, purchased, or licensed). Our Services are protected by copyright, and we reserve and retain all rights in our Works and the Services. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Services. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or our Services or any adaptations thereof unless expressly set forth herein.

You and other users may be able to upload, post, create, make available, send, share, communicate, provide or transmit (“Post”) data, information, images, comments, Reviews (as defined below), ideas, or other types of content, including, without limitation, photographs, artwork, and text (collectively “Content”) to the Services (including, without limitation, our social media channels), and other sites linked to on the Services. You understand that all Content Posted by users (“User Content”) is the sole responsibility of the entity who Posts. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.

As between you and us, you retain ownership of your User Content (other than Our IP therein). However, you grant Lulus Parties as well as our agents and licensees (together, with Lulus Parties, the “Permitted Parties”) a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) any and all User Content that you Post to or through the Services, for any purposes whatsoever, including, without limitation, marketing purposes. For avoidance of any doubt, this means that Permitted Parties may post, repost, share, and otherwise distribute and reproduce the User Content, including alongside and in combination with other content, including, without limitation, promotions for third party brands and products. You also grant Permitted Parties the right, but not obligation, to use the username or handle of the account used to Post User Content; Permitted Parties may endeavor, where commercially reasonable, to credit your username or handle when using or reposting your User Content.

You represent and warrant that you have all rights to grant the licenses herein to Permitted Parties without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You also waive to the full extent permitted by law any and all claims against Permitted Parties related to moral, publicity, or privacy rights in the User Content. In no circumstances will any Permitted Parties be liable to you for any exploitation of any User Content that you Post. You affirm, represent and warrant that you and any person whose image appears in the User Content are 18 years of age or older. You affirm, represent, and warrant that your User Content is in compliance with applicable law, as well as all applicable terms and conditions, including, without limitation, of any third party website or application on which you Post. You agree that Permitted Parties may, in their sole discretion, elect to remove the User Content from the Services at any time and without notice to you. We have no obligation of confidentiality, express or implied, with respect to User Content that you Post to or through the Services, and you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances whatsoever related to your Posting of any User Content unless agreed by us in advance in writing.

We love when User Content is feedback about experiences with us and/or our Products, as customer feedback helps us to improve our offerings and connect with our community. By submitting User Content that contains a review about a Product (“Review”), you agree that:

• The Review complies with these Terms;
• You are actually a user of the product or service being reviewed and are a verified purchaser of a Product;
• The Review reflects your honest opinions, findings, beliefs, or actual experience using the product(s); and
• You will disclose in the Review (in easy-to-understand language and in an unavoidable place) if you received any Product(s) mentioned in your Review for free, or if you have any other connection to Lulus Parties that might materially affect the weight or credibility of your Review.

We reserve the right not to post or to delete any Review that:

• We reasonably believe is fake or is:
• unlawful
• unrelated to the goods or services offered by us
• clearly false or misleading
• harassing or abusive, inappropriate with respect to race, gender, sexuality, ethnicity or another intrinsic characteristic
• defamatory, libelous, or slanderous
• violative of the Terms

• Contains:
• unlawful material
• trade secrets, or privileged information
• confidential commercial or financial information
• personnel and medical files or similar information
• records or information compiled for law enforcement purposes



We try to check and publish Reviews within a reasonable time period after successful submission to us. If a Review is not published after you submitted it to us, it may have violated the Terms.

Please be aware that Reviews on the Services may be viewable by others. We cannot guarantee that you will have any recourse through our Services or Lulus generally to edit or delete any Review.

You represent and warrant that you will not use the Services to:

• Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
• Act in a manner that negatively affects other users’ ability to use the Services, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
• Post any User Content that we determine in our sole discretion is: (i) unlawful, harmful, harassing, inappropriate fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene; (ii) is harmful to children in any manner; and/or (iii) is hateful, seeks to or discriminates or promotes discrimination against any individual based on race, gender, national origin, sexual preference, physical or mental disability, age or on any other basis.
• Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
• Post any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
• Post any User Content containing materials protected by other intellectual property laws that you do not control;
• Post any User Content for which you have not obtained all necessary written permissions and releases;
• Misrepresent any fact (including without limitation your identity);
• Post any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;;
• Exceed your authorized access to any portion of the Services;
• Disclose, collect or store personal data about anyone;
• Modify without permission any part of the Services;
• Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Services;
• Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
• Use any robot, spider, scraper, or other automated means to access the Website for any purpose;
• Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or
• Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services, or bypass any measures that may used to prevent or restrict access to the Services

We have adopted a policy to comply with the Digital Millennium Copyright Act (“DMCA”) to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts. If you have a good faith belief that your copyright is being infringed by any Content accessible on or through the Services, please send a notice of claimed infringement, including the information listed below, to our Designated Copyright Agent at:

By mail: 195 Humboldt Avenue Chico, CA 95928

By email: legal@lulus.com

To be effective, the notice of claimed infringement must include the following required contents:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing specific URLs is the best way to help us locate the Content quickly);
• Information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, and/or an email address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.

To leave a message for our Designated Agent by phone, please call (530) 343-3545.

Notices related to trademarks, right of publicity, or IP matters may be sent to the same recipient. If you believe that your rights, or the rights of a third party, are being violated in any way by any content accessible on or through the Services, please contact us at legal@lulus.com.

Where appropriate, we will work to prevent unlawful activity from taking place on or through the Services.

The Services contain links to websites of third parties and advertisements of third-party products and services. If you use these links, you will leave the Services. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies. We do not endorse these websites and our Privacy Policy and Terms do not apply to them.

You expressly release us from any and all liability arising from your use of any third party website, service or content. Your dealings with or participation in promotions of advertisers found on those third party websites, including payment or delivery of goods, and any other terms, including, but not limited to warranties, are solely between you and those third parties. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third party websites and/or their advertisers.

You will indemnify and hold Permitted Parties harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and Permitted Parties described in these Terms, including any breach of the representations and warranties contained herein and any User Content you Post. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

You may not download or export any software or technical data from the Services, or purchase any products from the Services, if you are in or a national or resident of: Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

The following sections shall not apply to users of the Services from New Jersey: Disclaimers, Limitations on Liability, Jurisdictional Restrictions.

YOU USE THE SERVICES AT YOUR SOLE RISK. WE PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE". LULUS PARTIES EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICES AND CONTENT OR PURCHASES OBTAINED THROUGH THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES.

LULUS PARTIES MAKE NO WARRANTY THAT (1) THE SERVICES OR PURCHASES WILL MEET YOUR REQUIREMENTS; (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE SERVICES’ RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OR PURCHASES OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (5) THE SERVICES, OUR SERVERS, OR COMMUNICATIONS SENT FROM ANY OF THE LULUS PARTIES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OR PURCHASES OBTAINED BY YOU FROM ANY LULUS PARTIES OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

IN NO EVENT SHALL ANY LULUS PARTY BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL) ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICES; (B) THESE TERMS OR ANY ADDITIONAL TERMS FROM LULUS PARTIES; OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS OR WAIVERS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, LULUS PARTIES’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

If you have a dispute with one or more users of the Website, or with any party who provides advertising or third-party services on or through the Website, or with any party who provides a website linked to on the Website, you release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code §1542 which says:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.

PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, CONSOLIDATED (OTHER THAN ANY BATCHING PROCEDURES CONDUCTED BY THE ARBITRAL FORUM), PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

A. Mandatory Individual Arbitration

Any dispute, claim, or controversy between you and Lulus Parties (“Dispute” or “Disputes”), including but not limited to Disputes arising out of or relating in any way to the Services or the Terms (including those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms and this Arbitration Agreement), whether such Disputes arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure set forth below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and Lulus Parties each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Any legal action by Lulus Parties against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.

To the fullest extent permissible by applicable law, all claims against Lulus Parties, including but not limited to claims arising out of or relating in any way to the Services or the Terms, must be filed within one year after such claim or cause of action arose or it will be forever barred.

If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.

If any Dispute is determined not to be subject to arbitration or resolution in small claims court, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal or state courts of competent jurisdiction in Los Angeles, California.

B. Class Action / Jury Trial Waiver

You and Lulus Parties agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding. This means that you and Lulus Parties may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and Lulus Parties may not participate in any class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding brought by any third party.

Unless both you and Lulus Parties agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative proceeding. If any court or arbitrator determines that this Class Action/Jury Trial Waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and Lulus Parties shall be deemed not to have agreed to arbitrate Disputes.

To the extent that any claims are allowed to proceed on a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative basis, such claims must be litigated in a federal or state court of competent jurisdiction in Los Angeles, California, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Notwithstanding the foregoing, you or Lulus Parties may participate in a class-wide settlement.

C. Opt-Out Procedures

To opt out of this Arbitration Agreement, you must send us a written opt-out notice (“Opt-Out Notice”) by email at legal@lulus.com within 30 days from the earlier of the date that you: (1) first purchased a Product; (2) first accessed the Services; or (3) first provided information to the Services after the posting of these Terms (“Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions. In other words, opting out of this Arbitration Agreement shall have no effect on any previous, other, or future arbitration agreements you may enter into with Lulus Parties. As stated above, if you do not opt out of this Arbitration Agreement within the Opt-Out Period, then you will be bound to the terms and conditions of this Arbitration Agreement which shall supersede and replace in its entirety all previous versions of Lulus Parties’ arbitration agreements and class action provisions.

D. Rules and Governing Law

Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and Lulus Parties each agree to send the other party a written Notice of Dispute (“Notice of Dispute” or “Notice”). A Notice of Dispute from you to Lulus Parties must be emailed to legal@lulus.com (“Notice Address”). Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) any relevant facts regarding claimant’s use of the Services, including whether claimant receives any emails associated with the Services, whether claimant has made a purchase from Lulus Parties, and if so, the date(s) of the purchase(s); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. Lulus Parties will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.

After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution.

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and Lulus Parties have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.

If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and Lulus Parties each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Claims through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.

All Disputes shall be submitted to National Arbitration and Mediation (“NAM”), www.namadr.com, for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with its rules and procedures, including any supplementary rules and fee schedules, then in effect (the “NAM Rules”), except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the NAM Rules. A form for initiating arbitration proceedings is available on NAM’s website at https://www.namadr.com/resources/rules-fees-forms/. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the claim to be deemed properly filed. For additional information on how to commence an arbitration proceeding, you can contact NAM at customerservice@namadr.com.

If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) NAM shall administer the arbitration demands in batches of at least 25 claims, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) NAM shall provide for the resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) and one final award; and (iii) NAM shall apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in NAM’s fee schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of these Claims. All parties agree that arbitrations are of a “substantially similar nature” for purposes of this batching procedure for claims administered by NAM if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. This batching procedure for claims administered by NAM shall in no way be interpreted as authorizing class arbitrations of any kind. Lulus Parties reserve all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this batching procedure for claims administered by NAM and the ADR Services Batching Procedure (see below) are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and Lulus Parties shall be deemed not to have agreed to arbitrate Disputes.

If NAM notifies the parties in writing that it is not available to arbitrate any Claim, or if NAM is otherwise unable to arbitrate any Claim, that Claim shall be submitted to ADR Services, Inc. (“ADR Services”), www.adrservices.com, for final and binding individual arbitration before one arbitrator. The arbitration will be administered by ADR Services in accordance with its rules and procedures, including any supplementary rules and fee schedules, then in effect (the “ADR Services Rules”), except as modified by this Arbitration Agreement. If there are 20 or more substantially similar Claims that are allowed to be submitted for arbitration but cannot be arbitrated by NAM, and are presented to ADR Services by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, ADR Services shall (i) administer those Claims in at least 20 batches, with the discretion to create additional batches if ADR Services finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule. You agree to cooperate in good faith to implement this batch approach (the “ADR Services Batching Procedure”) to facilitate the efficient resolution of these Claims. This ADR Services Batching Procedure shall in no way be interpreted as authorizing class arbitrations of any kind. Lulus Parties reserve all rights and defenses as to each and any demand and claimant.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the NAM Rules or ADR Services Rules (as applicable) shall preempt all state laws to the fullest extent permitted by law. If the FAA and the NAM Rules or ADR Services Rules (as applicable) are found to not apply to any issue that arises under this Arbitration Agreement, then that issue shall be resolved under the laws of California.

At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

As in court, you and Lulus Parties agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules or ADR Services Rules (as applicable), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.

Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.

Arbitrator’s Fees: You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM, ADR Services (as applicable), and/or the arbitrator to address the apportionment of the arbitrator’s fees.

Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

Requirement of Individualized Relief: The parties agree that the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any of the prohibitions on non-individualized declaratory or injunctive relief, class, representative, and private attorney general claims, or consolidation set forth under this Arbitration Agreement are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then, after exhaustion of all appeals, the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated.

You agree that any arbitrations between you and Lulus Parties will be subject to this Arbitration Agreement and not to any prior arbitration agreement you had with Lulus Parties, and, notwithstanding any provision in these Terms to the contrary, you agree that this Arbitration Agreement amends any prior arbitration agreement you had with Lulus Parties, including with respect to claims that arose before this or any prior arbitration agreement.

E. Opt-Out of Future Changes to Arbitration Agreement

Notwithstanding any provision to the contrary, if Lulus Parties make any future change to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), you may reject any such change by sending Lulus Parties an email to legal@lulus.com within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, the username or email address associated with any purchase from Lulus Parties. It must include a statement, personally signed by you, that you wish to reject the specified change to the Arbitration Agreement. This is not an opt out of arbitration altogether.

F. Severability & Survival

If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.

Notwithstanding the foregoing, if any court or arbitrator determines that the batching procedure for claims administered by NAM (set forth above) and the ADR Services Batching Procedure are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then, after exhaustion of all appeals, the Arbitration Agreement shall be deemed null and void in its entirety.

This Arbitration Agreement shall survive termination of these Terms. Except as provided in the opt-out provisions set forth in Sections C and E above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with Lulus Parties.

You agree that Lulus Parties may, without prior notice, immediately terminate, limit your access to, or suspend your account based on any of the following: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which Lulus Parties believe is harmful to the Services or its business interests. You agree that termination, limitation of access and/or suspension shall be made in Lulus Parties’ sole discretion and that Lulus Parties shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your account.

You may terminate your account with Lulus and these Terms at any time by emailing us at love@lulus.com.

Upon termination you will no longer have a right to access your account or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may not keep any back up of any of your User Content. We will not be responsible for deleting your User Content.

The following sections shall survive any termination: “Our Intellectual Property,” “Indemnification,” “Disclaimers,” “Limitations of Liability,” “Jurisdictional Restrictions,” “Release,” “Dispute Resolution: Limit on Time to Bring Claim; Arbitration of Claims; Class Action Waiver,” and “Miscellaneous.”

These Terms constitute the entire agreement between you and Lulus Parties, and govern your use of the Services and purchases made thereon.

These Terms supersede any prior agreements between you and us with respect to the Services and purchases made thereon.

These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent.

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, Lulus Parties representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents are intended third-party beneficiaries.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

The headings in these Terms are for convenience only and have no legal or contractual effect.

Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the State of California, without regard to the principles of conflicts of laws, will govern these Terms, your use of the Services, and all matters relating to your access to, and/or use of, the Services, including all disputes between you and us. You also agree that the Services shall be deemed solely based in California.

“Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.