Terms of Service

Iris & Cole (“Iris & Cole” or “Company”) is the operator of the www.irisandcole.com and other online locations such as Facebook and Twitter, collectively referred to as the “Site”. By accessing, browsing or using this Site, related mobile applications, or using our cat food delivery service, (collectively, the “Service”), you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these “Terms”). BY USING THE SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If You do not want to be bound by these Terms or policies, do not use the use the Services.

These Terms include: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) a release by you of all claims for damage against us that may arise out of your use of the Service.

Iris & Cole reserves the right to revise these Terms at any time by updating this posting. When we do update these terms, will also revise the “Last Updated” date at the top of these Terms. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. If we make changes to these Terms that, in our discretion, we consider significant, we will post the updated Terms on the Website and we may also send emails to our member containing a link to the revised Terms.   Agreement to these Terms also constitutes your agreement to the Iris & Cole Privacy Policy (the “Privacy Policy”), which are incorporated herein.

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

  1. USE OF THE SITE

You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Iris & Cole. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of Iris & Cole. You may not modify, reproduce, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.

We require all Members (as defined below in section 4 of these Terms) to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

  • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
  • Posting any information which is untrue, inaccurate or not your own;
  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
  • Attempting to interfere in any way with the Site or Iris & Cole’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; and
  • Using the Site to drop ship merchandise to third parties

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site (including images, text, page layout, or form) within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of Iris & Cole

  1. REGISTRATION AND PASSWORDS

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

  1. FRAUD PROTECTION

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

  1. SITE AND SERVICE NOT FOR MINORS; MEMBERSHIP

The Site and Service are available to registered and unregistered users who are 18 years old and older and who have not been suspended or removed by Iris & Cole for any reason (each a “Member”).You must be 18 years of age or older and legally capable of entering into binding contracts in order to use our Site or Services.  

 By using the Site or Services, you represent and warrant that you (a) you are 18 years of age or older, (b) you are a legal resident of the United States, (c) you have not been previously suspended or removed from the Site or Service, or engaged in any activity that could result in suspension or removal from the Site or Service, (d) your registration and your use of the Site or Service will comply with all applicable laws, (e) you do not have more than one Iris & Cole account, and (f) you have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. 

  1. COMMUNICATIONS:

By visiting our Site, providing your email to us on the Site, sending emails to us, or providing your phone number, you are communicating electronically. By doing so, you consent to receive communications from us electronically. 

You consent that we may communicate with you electronically (for example, sending an email or posting a message on the Site) and that electronic communications from us satisfy any legal requirements that any agreements, notices, disclosures or other communications be in writing.  In addition, by using our Services, you consent to receive SMS text messages sent through an automatic telephone dialing system on the phone number associated with your account.

  1. TRANSACTIONS

If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Iris & Cole the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services, including applicable delivery charges, described or depicted on the Site are subject to change at any time without notice. Pricing may not include taxes. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. 

It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. 

Iris & Cole reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

We try to be as accurate as possible when describing and showing our products on the Website, but we do not warrant that these product descriptions or depictions, or other content on the Website, are accurate, reliable, current, or complete.

You agree that by placing an order on the Site, you are entering into a binding contract with Iris & Cole and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all applicable shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

  1. THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US

Iris & Cole may offer various subscription types, including rebillable monthly subscriptions (“Monthly Subscriptions”).

AUTOMATIC RENEWAL TERMS

With respect of Iris & Cole subscriptions subject to automatic renewal, you agree that Iris & Cole may submit periodic charges (e.g., weekly or monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Iris & Cole reasonably could act.

SUBSCRIPTIONS

By purchasing a Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Iris & Cole after the expiration date of your payment card.

AUTOMATIC RENEWAL TERMS

Your subscription will be automatically renewed for successive periods and your payment method will automatically be charged for each successive period at the then-current subscription rate until you cancel your Subscription.

CANCELLATION POLICY FOR SUBSCRIPTIONS 

To cancel your Subscription, you may (i) log on to your account and follow the cancellation procedures there, or (ii) send us a message at cancel@irisandcole.com and we will do it for you. 

We will not charge your credit or debit card for a weekly or monthly delivery until after the cancellation deadline for said delivery – with the exception of your first delivery, which may occur immediately following your initial subscription to the Service.

  1. PRODUCT INFORMATION; LIMITATION ON QUANTITIES

Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.

Not a Medical Test and Not Veterinary Advice.

RESULTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, AND INFORMATION ON OUR WEBSITE AND OUR TEST RESULTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON ANY SUCH INFORMATION TO DIAGNOSE OR TREAT A HEALTH PROBLEM OR CONDITION, OR REPLACE CONSULTATIONS WITH YOUR VETERINARIAN. ALWAYS CHECK WITH YOUR VETERINARIAN BEFORE TAKING ANY ACTION AS A RESULT OF SUCH INFORMATION. NO STATEMENTS MADE BY OR ON OUR BEHALF, OR ANY RESULTS PROVIDED BY US HAVE BEEN EVALUATED BY ANY REGULATORY BODY.

  1. PROPRIETARY RIGHTS

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Iris & Cole or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. 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 Site. Iris & Cole and the Iris & Cole logo are our trademarks. All of our Site’s content is Copyrighted by Iris & Cole, Inc. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Iris & Cole.

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray Iris & Cole or any of our Service or products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use our logo or other proprietary graphics to link to the Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found on the Site or any products, the content of any text or the layout or design of any page, or form contained on a page, on the Site without our express written consent.

  1. CONTRIBUTED CONTENT GUIDELINES

Iris & Cole values your engagement. When contributing content, please consider the following guidelines:

  • By submitting or posting any materials or content on the Site, you grant Iris & Cole a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Iris & Cole the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Iris & Cole will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
  • All contributed content is subject to the terms set forth below and in our standard Terms and Conditions, which include our policy regarding copyright infringement;

We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Use obscenities, discriminatory language, or other language not suitable for a public forum;
  • Post advertisements, “spam” content, or references to other products, offers, or websites;
  • Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
  • Post unduly critical or spiteful comments of other content posted on the page or its authors;
  • Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
  • Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
  1. DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe there is an infringement on your intellectual property, please provide us with the written information specified below: 

  • Electronic or physical signature of the copyrighted work owner (or authorized person)
  • A description of the copyrighted work, including the URL where this infringing content is available or a copy of it
  • Your contact details: email address, telephone and address
  • A statement in “good faith belief” that the work is not authorized by the copyright owner
  • A statement by you, under penalty of perjury, that the information you send in the notice (above information) is accurate and that you are either the copyright owner or you are authorized to act on copyright owner’s behalf

Please send your notice to:

legal@irisandcole.com 

We reserve the right, at our sole discretion, to terminate the Membership of anyone who infringes on the intellectual property of Iris & Cole or others.

  1. GENERAL DISCLAIMERS

You assume all responsibility and risk with respect to your use of the Site and Services. THE SITE, SERVICES, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, Iris & Cole DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. Use of the Site or Services is not meant to serve as a substitute for professional advice. 

Iris & Cole does not represent or warrant that all product information on our site is accurate or complete as some information is provided by the supplier of the raw materials.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

  1. OUR LIABILITY

EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND GROSS NEGLIGENCE ON THE PART OF IRIS & COLE, IN NO EVENT SHALL Iris & Cole, SUPPLIERS, ADVISORS, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR SERVICES OR ANY OTHER PERSON OR ENTITY, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF USE, OR EMOTIONAL DISTRESS), WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, ITS CONTENT, OR THE SERVICES, EVEN IF IRIS & COLE IS EXPRESSLY ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. 

IN NO EVENT SHALL THE TOTAL LIABILITY OF Iris & Cole, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR SERVICES, WHETHER IN WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO Iris & Cole IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.

  1. INDEMNIFICATION

You agree to indemnify and hold Iris & Cole, and its subsidiaries, vendors, suppliers, advisors, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorney’s fees and court costs), based upon, arising from, or related to 

(a) information or content submitted, transmitted or otherwise made available on or through our Site by you or any other person accessing the Site using your Account; 

(b) the use of, or connection to, this Site or Services by you or any other person accessing the Site (including negligent or wrongful conduct); 

(c) your breach or attempted breach of these Terms; or 

(d) your violation of any third-party right.

You are solely responsible for interactions with other users of the Site and Services. To the extent permitted by applicable law, you hereby release Iris & Cole from any and all claims or liability related to any product or service of Iris & Cole and any conduct, action, or inaction by Iris & Cole or another user of the Site or the Services. 

The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Website or the Services or any product or service provided to You arising out of or relating to Your use of the Website or the Services.

  1. RISK OF LOSS

Any products purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

  1. ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

16.1. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 13 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and we agree (a) to waive your and our respective rights to have any and all Disputes arising from or related to these Terms, Site, Services (including but not limited to our products), or Content, resolved in a court, and (b) to waive your and our respective rights to a jury trial. Instead, you and we agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

16.2. No Class Arbitrations, Class Actions or Representative Actions

You and we agree that any Dispute arising out of or related to these Terms, Services, or Content is personal to you and us and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and we agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and we agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

16.3. Federal Arbitration Act

You and we agree that these Terms affect interstate commerce and that the enforceability of this Section 18 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

16.4. Notice; Informal Dispute Resolution

You and we agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to us shall be sent by email to legal@irisandcole.com. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Finnys Plate account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 3 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and we cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or we may, as appropriate and in accordance with this Section 18, commence an arbitration proceeding or, to the extent specifically provided for in Section 18.1, file a claim in court.

16.5. Process

Except for Disputes arising out of or related to a violation of Section 10 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and we agree that any Dispute must be commenced or filed by you or us within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and we will no longer have the right to assert such claim regarding the Dispute). You and we agree that (a) any arbitration will occur in the State of California, County of San Francisco, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of San Francisco, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

16.6. Authority of Arbitrator

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

16.7. Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

16.8. Severability

If any term, clause or provision of this Section 16 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 16 will remain valid and enforceable. Further, the waivers set forth in Section 16.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

16.9. Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 16 by emailing us at legal@irisandcole.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.

  1. GOVERNING LAW AND VENUE

These Terms, your access to and use of the Site, Services, including your order, receipt and use of our products shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of San Francisco.

  1. TERMINATION

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and Services, and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

  1. SEVERABILITY

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

  1. SURVIVAL

The following sections will survive the expiration or termination of these Terms and the termination of your account: all defined terms and Sections 1, 2, 5, 6, 7. 8 9 11-23

Miscellaneous

These Terms constitute the entire agreement between you and Iris & Cole relating to your access to and use of the Site, Services, and your order, receipt and use of products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

QUESTIONS:

Should you have any questions regarding these Terms you may contact us at legal@irisandcole.com.

Last Updated August 15, 2024