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Terms & Conditions

These terms and conditions ('Terms') govern the use of the website https://us.espaskincare.com/ ('Website') by users ('you' or 'your') and their relationship with:

  1. THG Beauty Limited (trading as us.espaskincare.com) whose registered office is Icon 1 7-9 Sunbank Lane, Ringway, Altrincham, WA15 0AF, United Kingdom; or

  2. if your purchase is made in United States dollars (USD) and payment is made using a debit/credit/American Express card, with THG Beauty USA LLC (trading as us.espaskincare.com) whose registered office is at 115 Broadway FL 4, New York, NY, 1006, USA; ('we', 'our', or 'us').

  3. ('we', 'our', or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us

1. Agreement

By using the Website you agree to be bound by these Terms.

2. Amendments

We reserve the right to update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.

3. Registration

You warrant that: the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity

The products purchased on this site are for private and domestic use only and are not for re sale. You will notify us immediately of any changes to the personal information by e-mailing our customer service representatives at: customer.experience@thehutgroup.com

4. Privacy Policy
We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy.

When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.

5. Protecting Your Security

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.

We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.

By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

6. Compliance

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:

any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character

7. Indemnity

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal
information.

8. Third Party Links

As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.

9. Orders

All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.

Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.

The products sold on the Website are not for re-sale or distribution. You are limited to a purchase of 5 items of any one product. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.

You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.

10. Cancellation Rights

Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods.

If you wish to cancel a contract pursuant to this clause, then please see our Returns Policy for further details of how.

11. Price and Payment

Sales Tax, where applicable, will be added to your order at checkout.

Due to stock availability, goods may be dispatched from outside the United States of America, in which case you may be subject to import duties and taxes once your delivery reaches the United States of America. Any such additional charges must be borne by you.

If your delivery address is outside of the United States of America you may be subject to import duties and taxes, which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.

Please note that cross border shipments may be subject to opening and inspection by customs authorities. are deemed to be the importer of all goods we dispatch to you and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.

Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you. If payment is to be made via a credit card a pre-auth value of $0.01 will be held against the card until the card issuer validates the payment.

In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.

You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us we will not be liable to you for any delay or non-delivery.

If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.

You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.

We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.

Please familiarize yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by contacting our customer service department through the account section.

e-mail address: customer.experience@thehutgroup.com

12. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:

if an individual, be 18 years of age or over; and register your real name, address, phone number, e-mail address any other details requested.

By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

13. Intellectual Property

The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

14. Limitation of Liability

Notwithstanding any other provision in the Terms, nothing in these Terms:

affect or limit your rights as a consumer under English law; or will exclude or limit ourliability for death or personal injury resulting from our negligence.

The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot
guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.

Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case.
We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the
material on the Website we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

incompatibility of the Website with any of your equipment, software or telecommunicationslinks;

technical problems including errors or interruptions of the Website;
unsuitability, unreliability or inaccuracy of the Website; and

failure of the Website to meet your requirements.

To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

15. Severance

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining
provisions of the Terms.

16. Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

17. Entire Agreement

These Terms form the entire basis of any agreement reached between you and us.

18. Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.

Returns

Please note that the following returns procedure must be followed, and failure to do so may result in us being unable to exchange goods or provide refunds. Also please be aware that we cannot be held responsible and provide refunds/exchanges on stock affected by circumstances beyond our control. This includes damage and neglect after goods are received, goods being stored in climatic conditions such as extremes of temperature that can affect some items

- items often stick together or alter appearance slightly, but will taste the same and damage by third parties. In addition please be aware that during the hot summer months goods in transport can be affected by the heat so be aware that delicate items such as chocolate may not always look as intended, but they will of course still taste as good as ever.

Should you wish to return an item for any reason please notify us within 48 hours of receipt of your order of any part that is unsatisfactory. In order to arrange a return, please contact us and inform our customer service team of your order number, the item you are returning and the reason for the return.

We will then reply with a unique returns authorisation number and the address you need to send the item to.

You'll need to package the item securely and include:

  • Your order number

  • The returns authorisation number

  • Whether a replacement or refund is needed

  • The reason why you are returning the item.

Goods returned should be in their original condition and packaging in which they arrived, along with a copy of the invoice or packing slip.

Once received items will be checked and refunds on goods and postage arranged where suitable.

We cannot issue refunds on simply unwanted goods due the perishable nature of goods on sale. Refunds/exchanges will only be offered on items that are faulty, and were clearly so at the time at which they were dispatched.

19. All Competitions

We reserve the right to amend these Terms from time to time.

These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise.

By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.

Any person who is an employee or an immediate family member of an employee of any company or any other person who is directly connected with the organisation of any particular competition is ineligible to participate.

Competitions are only open to residents of the UK (excluding Northern Ireland).

All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian.

All entries must be received by the closing date specified in the competition.
Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.

We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent.

Entrants are liable for their costs to access computer networks.

We will not be liable for or accept any responsibility for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay or misdirection of entries; or (iii) any server, system or
network failures, malfunctioning or inaccessibility .

We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise.

Prizes

If for any reason an advertised prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value.Only one prize will be awarded per household.

There will be no cash or other alternative to the prize offered and prizes are not transferable.

Notification

The winner's name will be selected in a random draw, after the closing date, from all correct answers received.

The winner of a prize will be notified within 28 days after the winner has been ascertained.

Please allow 28 days for delivery of all prizes.

If the winner of the a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we may dispose of the prize as we think fit without any liability to the winner for having done so.

For each competition, only one prize will be awarded per entrant / email address. Names of winners will be available on request.

Claiming Prizes

Prizes Involving Travel: (a) Travel arrangements are the responsibility of prize winners unless otherwise stated; (b) we reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over.

Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within six months of the date of the
competition draw.

Where prizes are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. We will have no responsibility for the acts/defaults of any other persons or companies.

20. Reviews

If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media.

You grant The Hut.com Limited and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.

You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

You agree to perform all further acts necessary to perfect any of the above rights granted by you to The Hut.com Limited, including the execution of deeds and documents, at the request of The Hut.com Limited.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to The Hut.com Limited:

  1. the content and material is accurate;

  2. use of the content and material you supply does not breach any applicable guidelines
    and will not cause injury to any person or entity (including that the content
    or material is not defamatory).

You agree to indemnify The Hut.com Limited for all claims brought by a third party against The Hut.com Limited arising out of or in connection with a breach of any of these warranties.

Winners of the review competition will be notified by email. Failure to respond to our notification email within 20 days will result in the prize being forfeit.

21. Multibuy Offers

This offer applies only to qualifying items listed in the Multibuy area of this Website.

Where any goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that Multibuy offer at your cost or charge you for the goods retained by you at the full price quoted on this site.

22.Credit

Any credit will be valid for 6 months from the date of issue and will expire on the anniversary of the date of issue.

23. Social Media Content Use Terms and Conditions

  1. By permitting THG Beauty Limited (registered in England and Wales under company registration number 13400467) whose registered office is at 5th Floor, Voyager House, Chicago Avenue, Manchester Airport, M90 3DQ or any other member of The Hut Group (“we”, “our” or “us”) to use particular Content (by affirmatively answering a request from us or on our behalf on social media or otherwise indicating your agreement for to use your Content), you agree to be bound by these Social Media Content Use Terms and Conditions (“Terms”).

  2. In these Terms “Content” refers to the photo and/or video, including any sound and accompanying text, posted through your account on social media, accompanying metadata such as time and place of creation, your user name, and links to your social media profile.

  3. You grant us a right to use and display the Content, in any media, worldwide, for any lawful commercial purpose, in original or edited form, including without limitation: on our social media accounts, websites, blogs, digital displays, advertising, and generally in the promotion of our products or services. Such rights also extend to our group companies, affiliates, agents, employees, representatives, assigns, licensees, and anyone else acting on behalf of us.

  4. The rights that you grant to us to use your Content are perpetual and irrevocable and you may not cancel or withdraw your permission for us to use your Content. However, this does not affect your or any other person’s rights in relation to personal data as referred to below.

  5. The rights you grant to us are non-exclusive and (subject to our rights) you retain all rights to use the Content for your own purposes. We will not pay any royalties or compensation to you or any third party for use of the Content. Use is at our discretion and we are not obliged to use your Content in any particular way or at all.

  6. You agree that you do not have any right to review, approve, or object to our use of your Content or advertising copy, or to be identified as the author/creator of the Content.

  7. By agreeing to these Terms you represent and warrant to us that:
    (a) the Content is your original work and you own it and all intellectual property rights in it and have all necessary rights to grant us the rights set out in these Terms (including in relation to copyrights, trademarks, private or public buildings, performances, sounds, and music) or, if you are not the owner of such rights, you have already obtained permission from the owner of such rights, and will inform us if this is incorrect or such permission is withdrawn at any time;
    (b) our use of your Content as provided herein will not infringe intellectual property, privacy, image, performance, or publicity rights, or any other rights of any third party, require the payment of any compensation to any third party, or breach any applicable laws;
    (c) nothing in your Content will be illegal, defamatory, obscene, or threatening to any third party; and
    (d) you are aged 18 or over and have the right to agree to these Terms.

  8. You will indemnify and keep us indemnified in full from and against any and all liability, loss, damages, injury, costs and expenses (including increased administration costs and reasonable legal expenses) awarded against, or incurred or paid by us as a result of or in connection with the Content, including without limitation for breach of intellectual property, data protection, privacy, image, performance, or publicity rights.

  9. The Content may contain information about you or identifiable individuals which constitutes personal data under applicable laws.

  10. By agreeing to these Terms you give your consent to the processing of such personal data by us (including any third party service providers that we engage for such purposes, as referred to below) for the purposes set out in these Terms.

  11. Where any personal data relating to any other person appears in the Content you warrant that you also have obtained their consent for the processing of such personal data.

  12. We will process personal data included in the Content or otherwise provided to us in connection with our use of the Content in accordance with all applicable data protection laws and our website privacy policy.

  13. We are the controller of your personal data and you can obtain further information or exercise any of your legal rights by contacting us on the details below:

    • Telephone: 0800 208 8980

    • Email: customer.experience@thehutgroup.com

    • Address: Customer Services, Meridian House, Gadbrook Park, Cheshire, CW9 7RA

  14. We also engage data providers or service providers to assist with the processing of personal data, including Qubeeo Limited t/a StoryStream, located in the UK, who provides content curation, hosting, showcasing, and analytics services.

24. Dispute Resolution and Arbitration

Please Read This Provision Carefully.  It Affects Your Legal Rights.

This section facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy), whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this section (with the exception of the enforceability of the Class Action Waiver section below that may arise between you and us (collectively, the ’Disputes’).  ’Dispute’ is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

This Provision provides that all Disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury.  To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).  You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  BOTH YOU AND WE AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing to us at legal@thehutgroup.com the following information: (1) your name; (2) your address; (3) a written description of your claim; and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) the Dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the ’Opt-Out Deadline”’.  You may opt-out of this section by emailing us at legal@thehutgroup.com the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve Disputes with us through arbitration. Either way, we will not take any decision you make personally.  In fact, we promise that your decision to opt-out of this section will have no adverse effect on your relationship with us.  However, we are required to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above in section 19.3 (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings.  The American Arbitration Association (’AAA’), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this section.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (’FAA”’ governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration

You or we may initiate arbitration in either the state of Delaware or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs

So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration.  But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses.  In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above in section 19.3 (Pre-Arbitration Claim Resolution) and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this section, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of this section, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury.  You understand and agree that by entering into these Terms, you and we are giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.


Severability

If any part of this section 19 (other than the section 19.9 above (Class Action Waiver) is found to be illegal or unenforceable, that part will be severed from this section whose remainder will be given full force and effect. If section 19.9 above (Class Action Waiver) is found to be illegal or unenforceable, this entire section 19 will be unenforceable and the Dispute will be decided by a court.

Continuation

This section shall survive your discontinued use of this Website. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this section (other than a change to the Notice Address), you may reject any such change and require us to adhere to the present language in this Provision if a Dispute between you and us arises.

25. Governing Law

The Federal Arbitration Act, Delaware state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in Delaware. The proprietary rights, disclaimer of warranties, representations made by you limitations of liability and general provisions shall survive any termination of these Terms.