RECEIVE A FREE PUMPKIN PIE CARAMEL CANDY CUBE PLUS FREE SHIPPING WITH $55+ PURCHASE. CODE: HEYPUMPKIN55

terms and conditions

TERMS OF USE

This Website is operated by Sugarfina. All inquiries may be directed to:

Sugarfina
9495 South Santa Monica Blvd
Beverly Hills, CA 90210
855-784-2734

Your use of this Website is governed by these Terms and Conditions. Please take a few minutes to review these Terms and Conditions. Your use of the sugarfina.com Website constitutes your agreement to follow these rules and to be bound by them. By placing an order with Sugarfina, either through our Website, over the phone, or by any other medium, you are agreeing to our Terms and Conditions. You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Website. If you do not agree with any of these Terms and Conditions, please do not use the sugarfina.com Website.

USE OF WEBSITE

The sugarfina.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Sugarfina’s goods and services and/or to otherwise transact business with or contact Sugarfina, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). We will not share transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with Sugarfina. This policy is intended to protect the privacy and freedom of Sugarfina’s customers and the personal relationship Sugarfina works to develop with its customers and others authorized to use its Website.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order

PAYMENT

You must pay in full by debit or credit card in advance when you submit an order through our Website.Payment will be collected at the time of placing the order. Full payment must be received in advance before any goods are prepared or dispatched. If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by Sugarfina. If you are placing an order through a company, we may agree to credit terms via a separate written agreement. Please contact us to make arrangements.

PRICING INFORMATION

Sugarfina cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Sugarfina website. Sugarfina reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Sugarfina. Sugarfina may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Sugarfina website vs. products in store.

NO REFUNDS

As nearly all of our products are either edible or personalized, all sales are final and no refunds or store credit will be issued.

CANCELLATION/REFUNDS

Orders cannot be cancelled once Sugarfina has begun processing the order. In order to promptly deliver our candy as fresh as possible, the processing of an order commences almost immediately once you have submitted your order. We are unable to accommodate requests to change or cancel an order after two hours have passed since the order was placed. Any changes to or cancellation of an order can only be made with Sugarfina’s prior written approval and additional charges may apply. Any agreement by Sugarfina to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Sugarfina to that point, and you agree that such amounts may be deducted from any payments previously made to Sugarfina. Accordingly, we encourage you to carefully check your order before submitting it.

QUOTES/CUSTOM ORDERS/CHANGES

The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into U.S. territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order. Price quotes are good for thirty (30) days. Unless otherwise stated by Sugarfina, pricing for custom orders includes two rounds of reviews for custom artwork, so that you will have the opportunity to review a draft of the artwork and then review any revisions made based on your comments arising from your initial review. Additional design changes will incur an additional $75.00 charge for each additional round of design drafts and review. Sugarfina will provide proofs of custom artwork that must be approved by you in person or via fax or email. By finalizing your order, you are verifying that all information is accurate. Sugarfina is not responsible for any errors in artwork or copy provided by you. Sugarfina is not responsible for any errors once such custom work has been approved by you.

DELIVERY

Delivery will be deemed to have taken place at the time Sugarfina places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express) for customer delivery. Sugarfina is not responsible for lost, stolen or damaged goods once an order leaves our possession.If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order is in the hands of the carrier we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for remaining deliveries.

COPYRIGHT

You agree that you own or license the copyright (or are authorized by the copyright owner to send to us and use) any content or images you submit to us for custom work, and you warrant that none of the content or images contain anything which would infringe on any copyright, trademark, design right or other intellectual property right of any third party. We will not check the content of any images provided by you. However, if we believe any image does not comply with these terms, we reserve the right to refuse to use it, without any obligation or liability to you. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone sending any material in breach of these terms. Images sent to us remain under the existing copyright. By sending us an image you are granting us a license to modify, print, or otherwise use the image in accordance with the details of your order. By placing an order and accepting these terms you are accepting any and all liability for any consequences of Sugarfina using the images you supply. For companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright law, or that any necessary permission for Sugarfina to reproduce the images has been obtained. We may photograph products that we provide to you, including those decorated with a logo or other artwork supplied by you. We may display these photographs on our Website or other advertising media, for Sugarfina’s marketing and promotional purposes, unless specifically requested in writing by you not to do so.

WARRANTY

Sugarfina warrants that it has the right to provide its products but otherwise the goods are provided on an “as-is” basis, without warranty of any kind, express or implied, oral or written. In particular, but without limitation, no warranty is given that the goods are suitable for the particular purposes intended by you.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Sugarfina shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the goods, nor for any special, indirect, economic or consequential loss or damage however arising or however caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning, or use of the goods sold by Sugarfina.

SUBMISSION AND USE OF COMMUNITY FEATURES

We welcome your comments regarding the sugarfina.com Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to sugarfina.com shall be and remain the exclusive property of Sugarfina. Your submission of any such Comments shall constitute an assignment to Sugarfina of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Sugarfina will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

DISCLAIMER

This Website and all contents of this Website are provided on an “as is” basis, without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that Sugarfina shall not be liable for any damages of any kind related to your use of this Website.

INDEMNIFICATION

You agree to defend, indemnify and hold Sugarfina harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, including, without limitation, your use of this sugarfina.com Website in violation of these Terms of Use.

SHIPPING TO ALCOHOLIC STATES

By law, the purchase and shipment of alcoholic product is ONLY AVAILABLE in these states: Arizona, California, Colorado, Hawaii, Illinois, Kentucky, Louisiana, Maryland, Missouri, New Hampshire, New Jersey, North Carolina, Virginia, West Virginia.

CANDYDROP TERMS AND CONDITIONS

To review the full terms and conditions relating to Send A CandyDrop, please visit sugarfina.com/candydrop

PRIVACY POLICY

Sugarfina takes the utmost care and concern for your privacy while you are shopping on our Website. Click here to review our full Privacy Policy.

PROMOTIONAL TERMS AND CONDITIONS

SENDCANDY - Free Ground Shipping will be applied towards purchases totaling an aggregate of at least $50, without accounting for any shipping and handling costs. To redeem this offer, customers must use the code SENDCANDY when checking out. Offer is valid in the continental United States only, for orders placed at SUGARFINA.com before 10/31/18, at 11:59 P.M., Pacific Standard Time. Offer is not valid for custom or drop-ship orders. For custom rates and shipping questions, you can email custom@sugarfina.com. Offer may not be combined with other offers, promotions, or discounts, and is available only for retail customers. Offer is void where prohibited by applicable law. “Ground Shipping” refers to 2-5 business days shipping offered by Federal Express, UPS, or other express common carrier of Sugarfina’s choosing. “2-5 Days Shipping” DOES NOT refer to the time it takes for Sugarfina to process an order and/or deliver it to the carrier for shipment. Shipping under this offer will be subject to any prevailing shipping policies in effect for Sugarfina purchases, including those relating to summer months and geographic limitations. Sugarfina reserves the right to cancel any promotion or offer, at any time and for any reason.

SWEETDELIVERY- Free Ground Shipping will be applied towards purchases totaling an aggregate of at least CAD $65, without accounting for any shipping and handling costs. To redeem this offer, customers must use the code SWEETDELIVERY when checking out. Offer is valid in Canada only, for orders placed at SUGARFINA.com/ca before 10/31/18, at 11:59 P.M., Pacific Standard Time. Offer is not valid for custom or drop-ship orders. For custom rates and shipping questions, you can email custom@sugarfina.com. Offer may not be combined with other offers, promotions, or discounts, and is available only for retail customers. Offer is void where prohibited by applicable law. “Ground Shipping” refers to 2-5 business days shipping offered by Canada Post, Federal Express, UPS, or other express common carrier of Sugarfina’s choosing. “2-5 Days Shipping” DOES NOT refer to the time it takes for Sugarfina to process an order and/or deliver it to the carrier for shipment. Shipping under this offer will be subject to any prevailing shipping policies in effect for Sugarfina purchases, including those relating to summer months and geographic limitations. Sugarfina reserves the right to cancel any promotion or offer, at any time and for any reason.

HEYPUMPKIN55- A free Pumpkin Pie Caramel Small Candy Cube (the “Incentive Item(s)”) will be added to purchases totaling an aggregate of at least $55, without accounting for shipping and handling costs. To redeem this offer, customers must use the code HEYPUMPKIN55 when checking out on Sugarfina.com only. Offer is valid for orders placed at SUGARFINA.com before October 23, 2018, at 11:59 P.M., Prevailing Pacific Time. Offer is not valid at any Sugarfina boutique retail stores, franchise, shop-in-shop, or licensed locations. Only one promotion can be applied per order. Offer is void where prohibited by applicable law. If you are uncertain whether a particular location will honor this promotion, please ask the store for details. Offer is valid only while supplies last, and is not valid for custom or drop-ship orders. The Incentive Item is provided on a final basis, and is not subject to exchange or return. Sugarfina reserves the right to cancel any promotion or offer, at any time and for any reason.

SURPRISEME - The Free Surprise Gift(s) (the “Incentive Item(s)”) will be added to purchases totaling an aggregate of at least $60, without accounting for shipping and handling costs. To redeem this offer, customers must use the code SURPRISEME when checking out and be enrolled in the Sugarfina Rewards Program. Customers must be logged in to their Sugarfina Rewards Program to receive the offer after applying the code. Offer is valid for orders placed at SUGARFINA.com before October 8, 2018, at 11:59 P.M., Prevailing Pacific Time. Offer is not valid at any Sugarfina boutique retail stores, franchise, shop-in-shop, or licensed locations. Only one promotion can be applied per order. Offer is void where prohibited by applicable law. If you are uncertain whether a particular location will honor this promotion, please ask the store for details. Offer is valid only while supplies last, and is not valid for custom or drop-ship orders. The Incentive Item is provided on a final basis, and is not subject to exchange or return. Sugarfina reserves the right to cancel any promotion or offer, at any time and for any reason.

SEPTEMBER 2018 BIRCHBOX OFFER- One (1) free Sugarfina CandyDrop Jewel Box with a retail value of up to $8.95 USD will be available while supplies last on a first come, first serve basis to qualifying parties. Promotion can be redeemed by visiting Sugarfina.com/birchbox on or after 9/13/18 and entering your email address and entering promocode at checkout. Offer is valid before 12/31/18, at 11:59 P.M., Prevailing Pacific Time. This promotion can only be redeemed one (1) time per qualifying user. Once the recipient receives their CandyDrop Jewel Box and selects their flavor and enters a valid shipping address, the order will be processed. Please note, CandyDrop Jewel Boxes can only be shipped within the continental US. CandyDrop Jewel Box orders may experience longer processing times, up to 5 business days and 1 – 3 business days via ground USPS service. Offer is not valid at any Sugarfina Boutique, franchise, shop-in-shop, or licensed locations. Offer is void where prohibited by applicable law. The CandyDrop Jewel Box is provided on a final basis and is not subject to exchange or return. Sugarfina reserves the right to cancel any promotion or offer, at any time and for any reason.

SUGARFINA REWARDS TERMS AND CONDITIONS

Terms and Conditions

Last Updated: June 4, 2018

Thank you for reviewing the terms (“Terms”) for the "Sugarfina Rewards” program (the “Program”). These Terms are between you and Sugarfina, Inc. and/or its affiliates (“Sugarfina” or “us” or “we”) and govern our respective rights and obligations. Your participation in the Program is subject to these Terms, our Terms of Use, and Privacy Policy, as well as all other applicable terms, conditions, limitations, and requirements. The Terms, together with applicable terms related to any promotional offers provided to you for use with the Program, constitute the entire agreement between you and Sugarfina related to the Program. By enrolling in the Program, you accept all applicable terms, conditions, limitations, and requirements.

We may make changes to these Terms by posting the new Terms at Sugarfina.com. If we make material changes or terminate the Program, we will notify you by e-mail and post the new Terms at Sugarfina.com. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 5.G BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.

1. Eligibility

a. Age

Program membership is open to individual U.S. residents at least 13 years of age. If you are between 13 and the age of majority (18 or 19 years old, depending on where you live), you may join the Program only with the permission of a parent or guardian.

b. E-Mail, Text, and other Contact Information

By enrolling in the membership, you are also agreeing to receive marketing- and product-related and communications from us. Such communications may be in a variety of forms, including e-mails, text messages, and physical mailings to your address. You also agree and acknowledge that Sugarfina will communicate with you about Program changes, rewards and promotional materials via e-mail or text message. You are responsible for ensuring that we have a valid e-mail address and phone number that is capable of receiving text messages. To change the contact information for your account, please contact us at hello@sugarfina.com. Should you wish to stop receiving promotions-related communications, you may do so at any time by visiting your Account information at www.sugarfina.com/customer/account/ and indicating your preferences for receiving communications. In the event that you decline to receive promotions-related communications, we will continue to communicate with you regarding Program-related matters.

c. Participating Properties

Your membership is valid at Sugarfina boutique locations in the United States and Sugarfina.com (together, “Participating Properties”). Participating Properties do not include shop-in-shops (including, for example, those located within Nordstrom’s) or wholesale accounts.

2. Receiving Points

You may receive points on products you purchase for your personal use at any of the Participating Properties or through certain promotional marketing offers. Typically, one point will be provided for each $1.00 spent at a Participating Property for a qualifying purchase, rounding up to account for cents in a purchase, although certain promotions or offers may provide for larger ratios. In addition, memberships associated with corporate accounts may receive points on products purchased through Sugarfina’s corporate sales team.

The following purchases are not eligible for receiving points under the Program: Purchases made prior to becoming a member, purchases made for resale (e.g., wholesale account purchases), purchases paid with a reward certificate or points received through the Program, purchases made with a membership-related discount or credit, purchases made through or in connection with PPAI channels or accounts, purchases of or with Sugarfina gift cards, store credit issued by Sugarfina, sales tax, and certain items that are excluded in particular promotions. We may also, in our discretion, identify certain products and offers that are not eligible for receiving points.

Points will normally post to a member’s account within one (1) business day from the purchase, but please allow as much as ten (10) business days from purchase date. If you return an item in a qualifying purchase for which you received points, we will deduct the corresponding number of points from your account.

If you made a qualifying purchase and did not provide your account information at the time of purchase, you may request points within thirty (30) days of purchase by contacting hello@sugarfina.com. You must have your receipt or other evidence of payment.

3. Effect of Points

The Program has multiple levels of membership. The total number of points assigned to a customer’s account will dictate which level of membership that account will be enrolled in. The thresholds for each level will be according to charts or other information published and updated by Sugarfina from time to time. Your status at a certain level will begin when your total points reach or exceed the specified thresholds and will continue for the next twelve (12) month period. Points automatically expire twelve (12) months after the purchase in connection with which they were awarded and will not roll-over. Sugarfina may choose to confer status on members based on certain purchase behaviors or other nondiscriminatory criteria (dates and benefits may vary for people who are invited to join). If you qualify for such status or if you are invited to join, we will notify you.

Points may not be used as credits or setoff against any purchase (as discussed below, points have no monetary value). Instead, Sugarfina will offer different gifts or perks to customers based on their level of membership. Customers may redeem these offers by following the directions or instructions specified in the offer at issue. In the event that you are offered a choice between two or several benefits, your election once made cannot be reversed or changed.

Certain membership benefits may include free or discounted merchandise. Please do not accept or consume such designated merchandise if You have an allergy or negative physical reaction to any of the ingredients disclosed on the nutrition panel. We will endeavor to accommodate disclosed allergy or dietary restrictions, but our ability to satisfy Your needs is not guaranteed and is subject to availability and other business concerns.

Certain membership benefits may be available for a specified period of time. Any expirations disclosed with respect to an offer or benefit refer to prevailing Pacific Time, unless the offer at issue states otherwise. We may change the deadline and period of availability for such benefits at any time and for any reason.

Unless specifically stated otherwise in connection with a particular benefit or offer, membership benefits may not be assigned or transferred to any other party or person.

4. How to Keep Your Account Active

If your account is inactive for a period of thirty-six (36) consecutive months without any Account Activity, your account will be automatically terminated.

For purposes of these Terms, “Account Activity” means a qualifying purchase linked to your account, use of Points, or any other engagement with your account or the Program that generates points (e.g., participating in a “refer a friend” option). Logging into your account, by itself, is not considered “Account Activity.”

5. Miscellaneous

a. Privacy Policy

We may use the information you provide or that we otherwise collect about you as a member of the Program or in connection with any Account Activity, including your name, contact information (e.g., e-mail address(es) and phone number(s)), purchasing habits, and other information provided as part of your account with Sugarfina), in accordance with the Sugarfina Privacy Policy, which can be accessed here: www.sugarfina.com/privacy-policy/. The Privacy Policy may be updated from time to time, in which case your engagement in any Account Activity shall be deemed consent to the current version of the Privacy Policy.

b. Limitations

Points provided or earned in connection with the Program have no monetary or tangible value. Points are non-transferable and may not be assigned. Only one account membership will receive points in any one transaction, and only one membership may be provided per customer. Additional restrictions may apply to Sugarfina employees.

c. Membership Cancellation

You may cancel your membership in the Program at any time contacting hello@sugarfina.com. If your membership is canceled (either by you or by Sugarfina), you will forfeit any remaining points. Cancellation of your membership will not result in erasure of any information provided by or gathered regarding you.

We may terminate your account and/or participation in the Program because of suspected or actual conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of Program membership, or is harmful to our interests or another customer. We also reserve the right to deny future membership if we deem your conduct to violate these Terms.

Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

d. Member Communications

You may view your membership and Account Activity online at www.sugarfina.com/customer/account/ For information about your membership, contact Sugarfina by e-mail at hello@sugarfina.com or by phone at (855) 784-2734.

Or, you can contact us by mail at:

Sugarfina Rewards
1700 E Walnut Ave
El Segundo, CA 90245

We may, in our discretion, change these Terms, our Privacy Policy, or any aspect of Program membership. If any change to or provision of these Terms is found invalid, void, or for any reason unenforceable, that change or provision is severable and does not affect the validity and enforceability of any remaining changes or conditions.

e. Disclaimers

THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WHERE AVAILABLE” BASIS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUGARFINA EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH SUGARINA AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”) AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

f. Limitation of Liability

IN ADDITION TO OTHER APPLICABLE LIMITATIONS AND EXCLUSIONS IN THE TERMS OF USE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF THE QUALIFYING PURCHASE THAT IS THE SUBJECT OF THE DISPUTE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR SUGARFINA’S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS, OR MALICIOUS MISCONDUCT, OR FRAUD. ALL LIMITATIONS OF LIABILITY OF ANY KIND (IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH SUGARFINA AND THE AFFLIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

g. Dispute Resolution

These Terms are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT SUGARFINA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE; HOWEVER, AS SET FORTH BELOW, THE PRECEDING ARBITRATION REQUIREMENT SHALL NOT APPLY TO DISPUTES TO THE EXTENT RELATING TO THE INTERPRETATION OR APPLICATION OF THE CLASS ACTION WAIVER BELOW, INCLUDING ITS ENFORCEABILITY, REVOCABILITY OR VALIDITY.

YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Notwithstanding anything to the contrary in this section or any other provision of these Terms or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

h. Applicable Law

IN CONSIDERATION FOR PARTICIPATING IN THE PROGRAM, YOU AGREE THAT THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MINNESOTA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST SUGARFINA ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM.