ONE/SIZE TERMS OF USE 

Effective Date:  April 2024

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A BINDING INDIVIDUAL ARBITRATION AGREEMENT TO RESOLVE DISPUTES. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH IN SECTIONS 16 AND 17, BELOW. PLEASE REVIEW CAREFULLY. 

 Terms & Conditions 

 Welcome to the Pogi Beauty, LLC (“One/Size” or “Company”) website (“we”, “us” or “our” as used in these Terms of Use may include One/Size’s parent company and all subsidiary companies and their websites. Please read these terms of use (“Terms of Use”) carefully before using the “www.onesizebeauty.com”, or any related websites (collectively, “Website”) provided by One/Size. One/Size provides the content and services available on the Website to you subject to the following terms of use (“Terms of Use”). 

Please read these Terms of Use carefully before using the Website. If you do not agree to these Terms of Use, please do not use the Website.  By creating an Account or otherwise accessing or using the Website, you acknowledge and agree to follow and be bound by these Terms of Use. 

Please also review our Privacy Policy, which also governs your use of the Site, as well as the Privacy Policy, Messaging Terms & Conditions and any other terms and conditions and/or policies which you may find throughout our Website in connection with certain functionality, features or promotions as well as customer service (collectively the “Terms of Service”) fully and carefully before using the Website and/or the services, features, content, applications, or products offered by One/Size (together with the Website, the “Services”).  

These Terms of Service set forth the legally binding terms and conditions for your use of the Website and Services. We may add additional Sites from time to time as we expand our product offerings and these Terms of Service govern your use of our Websites and your conduct, regardless of the means of access. 

1. Site Intended Audience 
   This Website is intended for and directed to residents of the United States, Canada & European residents. This Website is not intended for anyone under the age of 16. You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Website. By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Service. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. 

1. Product Information and Services for Personal Use 
   The products displayed on the Website can be ordered and delivered only within the U.S. One/Size products displayed on the Site may be available in select retail stores around the U.S. and certain foreign markets. All prices displayed on onesizebeauty.com are quoted in U.S. Dollars and are valid and effective only in the U.S. All material and information presented on the Website or by One/Size is intended to be used for personal or informational purposes only. The statements made about any of our products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. All products should be used strictly in accordance with their instructions, precautions and guidelines. The statements and products sold through One/Size are not intended to cure, treat, diagnose, or prevent any condition or disease, or to serve as a substitute for professional medical advice. If you are in need of medical attention please consult a physician immediately. The products and services available on the Website, and any samples thereof One/Size may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms of Service. Except where prohibited by law, One/Size may limit the number of products available for purchase, at our sole discretion. 

1. Purchase Related Policies and Procedures 
   Please review policies and procedures related to purchases you make through the Website (such as order processing, shipping and handling, returns and exchanges) here. 

1. International Orders 

One/Size Beauty partners with Global-e to sell Products to our customers outside of the United States. If you enter an international shipping address at the beginning of the checkout process, we will redirect you to Global-e to complete your purchase. Purchases for shipment outside of the United States are subject to Global-e’s Terms of Sale. For such purchases, Section 3 of these Terms does not apply and the Global-e Terms of Sale apply instead.   

1. Registration 
   You may choose to sign up to become an One/Size registered customer, you must register for an account on onesizebeauty.com (an “Account”). You must provide accurate and complete information and keep your Account information updated. You are responsible for maintaining the confidentiality of your Account and for restricting access to your computer. You agree to accept responsibility for all activities that occur under this Account. You agree to provide only accurate, truthful information and you shall not select or use as a username a name of another person with the intent to impersonate that person or use any false or inaccurate information when registering for an Account. You may never use another person’s user account or registration information for the Services without permission. You must notify One/Size immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute, or post login information to your Account. For any issues relating to your Account please contact [email protected]. 

1. Accuracy of Information 
   We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permissible by law, we do not warrant that the product descriptions, colors, information or other content available on the Website are accurate, complete, reliable, current, or error-free. This Website may contain typographical errors or inaccuracies and may not be complete or current. One/Size therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience. This Website is provided free of charge and on that basis we have no obligation to provide any maintenance or support services in relation to it and we are not responsible for any loss or damage you may suffer as a result of any failure by us to maintain or update the Site.  

1. Content and Availability 
   For the purposed of these Terms of Service, the term “Content”, includes, without limitation, information, data, text, video, written posts, comments, graphics, icons, images, audio clips, software and any other features made available or accessible on or through use of the Website. You acknowledge all Content is the property of One/Size, our affiliates, partners or licensors and is protected by United States and International copyright laws. All Content accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. 

One/Size does not guarantee that any Content will be made available on the Website. One/Size reserves the right to, but does not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all, and (ii) to remove or block any Content from the Services. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Website. 

The trademarks, logos, and service marks displayed on the Website (collectively, the “Marks”) are the registered and unregistered marks of One/Size, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws. All rights not granted under these Terms are reserved by One/Size. 

1. Limited License 
   We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of the Website. Use of the Website includes accessing, browsing, or registering. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download the Website or any and/or all Content (except caching or as necessary to view the Website); (b) make any use of the Website or any and/or all Content other than personal use; (c) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (d) collect account information for the benefit of yourself or another party; (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure; (f) “stalk” or otherwise harass including advocating harassment of another, or harm any third party; (g) intentionally violate any applicable local state, national or international law; (h) engage in or make in unsolicited or unauthorized advertising, solicitation or promotional material. One/Size reserves the right, at any time, without notice and in its sole discretion, to terminate your license or right to use the Services or Website and to block or prevent your future access to and use of the Services and Website. One/Size may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Service, (iii) respond to any claims that any Content violates the rights of third parties, (iv) respond to your requests for customer services, or (v) protect the rights, property or personal safety of One/Size (and its employees), its users and the public. 
    

1. Your Obligations and Responsibilities 
   In the access or use of the Website, you shall comply with these Terms of Service and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. You may not use the Website for commercial purposes. Users of this Website may not use this Website in order to transmit, distribute, store or destroy material in (i) a manner that will infringe the copyright, trademark, trade secret or patent or other intellectual property rights of other or violate the privacy or publicity or personal rights of others; (ii) in violation of any applicable law or regulations; or (iii) that is libelous, abusive, threatening, defamatory or obscene. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THESE TERMS OF SERVICE, IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS OF SERVICE, YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO ONE/SIZE, ITS PARENT COMPANY, AFFILIATES, PARTNERS OR LICENSORS. 
    

1. Third Party Content 
   We are not responsible for the content of third-party websites or content (“Third Party Content”) linked to or from the Website. One/Size does not monitor, approve or have any control over any Third-Party Content and the inclusion of any does not imply any association, endorsement, or relationship between us, our parent company, affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. 

1. Special Features, Functionality and Events 
   The Website may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms of Service; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies. 

1. Submissions 
   It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. None of the Content that you submit shall be subject to any obligation of confidence on the part of One/Size, its parent company, agents, affiliates, partners or third-party service providers and their respective directors, officers and employees. Under no circumstances will we be liable in any way for any Submissions, including, without limitation, for any errors or omissions in any Submissions, or for any loss or damage of any kind incurred by you as a result of the use of any Submissions transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the Submissions. Without limiting the generality of the foregoing or any other provision of these Terms of Service, we have the right to remove any submissions or user content that violates these Terms of Service or is otherwise objectionable and we reserve the right to refuse service and/or terminate Accounts without prior notice for any users who violate these Terms of Service or infringe the rights of others. 

1. Mobile Features 
   We may offer features and services that are available to you via mobile phone. These features and services may include, without limitation, the ability to browse the Website from your mobile device, upload content to the Website, receive messages from the Website, download applications to your mobile phone or access Website features (collectively, the “Mobile Features”). When you use the Mobile Features standard data or messaging fees may apply or be charged by your carrier. Your carrier may restrict certain features of the Website, please contact your carrier with questions regarding any issues. 
    

Certain discounts, benefits, or professional pricing (“Professional Discount Program”) are available only to eligible licensed professionals. To participate, you must complete a credential verification process conducted by SheerID, an independent third-party verification provider.

By applying for the Professional Discount Program, you agree and consent to the following:

1. Information Sharing for Verification. You authorize the Company to collect the information you provide for verification and to disclose such information to SheerID solely for the purpose of verifying your professional status and preventing fraud or misuse of professional offers.
2. Consent to SheerID Terms. Your participation constitutes your agreement to SheerID’s Terms of Use, Privacy Policy, and data-retention practices, including SheerID’s current policy of retaining verification data for approximately 13 months before deletion or anonymization. SheerID is solely responsible for its own data practices.
3. Accuracy of Information. You represent and warrant that all information you submit for verification is accurate, complete, and not misleading.  Providing false or fraudulent information may result in denial of eligibility, removal from the program, or cancellation of improperly obtained discounts. Company may use the verification results to grant, deny, revoke, or periodically re-verify you eligibility.
4. Limitation of Liability.  SheerID is an independent entity and is solely responsible for its verification process and data handling.  The Company is not liable for errors, delays, system issues, determinations, or data practices made or controlled by SheerID.
5. Program Modification.  The Company may modify, suspend or terminate the Professional Discount Program at any time, with or without notice. Participation in the Professional Discount Program is voluntary.  If you do not consent to verification through SheerID, you may continue to use our website and purchase products at standard consumer pricing.

Disclaimer of Warranties; Limitation of Liability 
THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS OF SERVICE OR THE WEBSITE OR ITS CONTENTS OR SERVICES. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

 If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to the Company through the Site during the prior twelve (12) months. 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations, and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law. 

1. Indemnification 
   You agree to defend, indemnify and hold One/Size (and its parent company, affiliates, officers, directors, agents, licensors, employees and third-party providers), from and against all expenses, damages, demands, losses, liabilities, and costs, including reasonable legal fees, arising out of or resulting from (a) your misuse of the Website or Services; (b) your violation of any of the Terms of Service; (c) a breach of your representations and warranties set forth herein; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of the Terms of Service and your misuse of the Site(s) and Services. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. 

1. Waiver; Remedies 
   The failure of One/Size to partially or fully exercise any rights or the waiver of One/Size of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by One/Size or be deemed a waiver by One/Size of any subsequent breach by you of the same or any other term of these Terms of Service. The rights and remedies of One/Size under these Terms of Service and any other applicable agreement between you and One/Size shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. 
    

1. Dispute Resolution 
   PLEASE READ THIS SECTION CAREFULLY- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. 

 For purposes of this Section (Dispute Resolution), "One/Size," shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. 

If you and One/Size have a Dispute (defined below) and our customer service team is unable to resolve the concern, you and One/Size agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. The party that intends to initiate an arbitration proceeding must first send a verified Notice to the other party that describes the Dispute. The Notice must include the initiating party's name and contact information (address, telephone number, and email address), sufficient information to enable the other party to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation. Your Notice shall be sent by email to: [email protected] or by mail to: One/Size, Inc., Attn: General Counsel 331 NW 26th St. Ste 103, Miami, FL 33127. You must personally sign the Notice. One/Size's Notice shall be sent to the most recent contact information we have on file for you. If requested by the party that receives the Notice, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you or One/Size may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing of a complaint or prosecution of a demand for arbitration. 

If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you and we agree that, except as set forth below, you unconditionally consent and agree that you are required to resolve any claim that you may have against the site or our services on an individual basis in arbitration.  You and we agree that any disputes between us (including any disputes between you and a third-party agent of the company) will be resolved through binding and final arbitration and not in a court.  The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.  This includes, but is not limited to any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against company and/or its parent, subsidiaries, affiliates and each of their respective officers, directors and employees (all such individuals and entities collectively referred to herein as the “company entities”) arising out of, relating to, or connected in any way with the site or the determination of the scope or applicability of this agreement to arbitrate.  Such dispute will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator in accordance with Consumer Arbitration rules.  The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. 

The parties agree that the arbitrator (“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 the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. 

By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would. 

The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect.  The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.  The rules are available at this link https://adr.org/sites/default/files/Consumer%20Rules.pdf. 

 Notwithstanding any choice of law or other provision in the 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 proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida , without regard to its conflict of laws provisions. 

To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: Pogi Beauty, LLC Att. General Counsel, 331 NW 26th St., STE 103, Miami, FL 33127, and (2) contact AAA and follow the appropriate procedures with AAA to commence the arbitration.  Payment of all filing, administration and arbitrator fees will be governed by the AAA Consumer Rules then in effect. 

The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith.  In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. This section will not apply in California. 

The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed.  

Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Miami-Date, Florida. You and we will submit to the personal jurisdiction of the state or federal courts located within Miami-Date County, Florida for the purpose of litigating all such claims or disputes. 

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An arbitrator’s decision shall be final and binding on all parties. 

With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law. 

1. Class Action Waiver 

You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. 

 If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section 16 (Dispute Resolution), the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.  

Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against One/Size by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and counsel for One/Size shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and One/Size shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and One/Size shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, One/Size agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against One/Size. Should a court of competent jurisdiction decline to enforce these "Special Additional Procedures for Mass Arbitration," you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees. 

1. Opt-Out Procedure Applicable To All Consumers 

Notwithstanding any provision to the contrary, we agree that if One/Size. makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section. 

1. Choice of Law/Forum Selection 

 In any circumstances where this Arbitration Agreement permits the parties to litigate in court, the Terms of Service shall be governed by the laws of the State of Florida as if the Terms of Service were a contract wholly entered into and wholly performed within Florida. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in Miami-Dade, Florida, or (ii) the United State District Court for the Southern District of New York.  

1. Text Messaging (SMS) Terms of Use 

One/Size (the “Company”) offers its customers mobile alerts about order and shipping updates and other marketing messages about events, new products, and other offers by SMS message (the "SMS Service"). By participating in the SMS Service, you are agreeing to these terms of use and our privacy policy. When you opt into our SMS program, you understand and agree that these Terms are incorporated into, and become part of, the SMS Terms of Use (and both documents are together, the “Terms”). THE TERMS CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON OUR LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS REGARDING THE SMS PROGRAM.  PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS. 

By participating in the SMS Service, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from One/Size, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. 

Message frequency will vary. One/Size reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. One/Size also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. 

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. One/Size, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. 

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). 

We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.

Cancellation 

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that One/Size and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from One/Size through any other programs you have joined until you separately unsubscribe from those programs.  

Help 

Text the keyword HELP to our shortcode to return customer care contact information. 

Customer Care 

If you are experiencing any problems, please contact us here.

Contact 

This message program is a service of ONE/SIZE, located at 331 NW 26th St. Ste 103, Miami, Florida 33127. 

1. Severability 

If any portion of these Terms are found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. 

1. Entire Agreement 

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Site and the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. 

1. Consent to Receive Notices Electronically 

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms of Use refer from us electronically including without limitation by e-mail or by posting notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at [email protected] and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms of Service, including but not limited to the limited licenses set forth above, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Website to any user that cannot consent to receipt of Notices electronically.  

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.  

1. General 

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website and your continued use of the Website thereafter constitutes your agreement to all such changed Terms of Service. We may, with or without prior notice, terminate any of the rights granted by these Terms of Service. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. 
 
Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise between us The headings in the Terms of Service are for convenience only and shall not be used in its interpretation. If you have any questions regarding these Terms of Service, please email us at [email protected].