CULT GAIA TEXT MESSAGING TERMS AND CONDITIONS

Last updated: March 2023

Please read these Text Messaging Terms & Conditions (the “Terms”) carefully. By signing up for one or more text message programs (“Programs”), or by submitting your telephone number or otherwise agreeing to receive text messages from or on behalf of Cult Gaia (hereinafter, “Cult Gaia” “We,” “Us,” “Our”) you agree to be bound by these Terms, Cult Gaia’s Terms of Use, and any other applicable terms related to your use of Cult Gaia’s services. These Terms are limited to the Programs and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Cult Gaia in other contexts.
PLEASE NOTE THESE TERMS CONTAIN AN AGREEMENT TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION WITHOUT JURY TRIAL AND A CLASS ACTION WAIVER, AS DETAILED IN THE “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT” SECTION, BELOW.
By using, opting in to and/or participating in any of our Programs, you expressly consent to receive marketing and/or non-marketing text messages from Cult Gaia and any and all others texting on Cult Gaia’s behalf, including , but not limited to, its service partners, including text messages which may utilize or be sent using an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other type of systems, softwares, hardwares, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages, at the mobile telephone number associated with your opt-in. You may opt out of these communications at any time, and your consent to receive marketing text messages is not required and is not a condition to purchase any goods or services. Terms.

1. Program Description

As set forth above, Cult Gaia and/or its service providers and others may use an autodialer and/orrelated systems to deliver text messages (including, but not limited to, SMS and MMS) to the phone number(s) that you provide. Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of fashion merchandise. Text messaging may include one-time or recurring texts related to, but not limited to, the following programs:

- Marketing and Promotional Programs: By opting into a Cult Gaia marketing Program, you can expect to receive recurring marketing, promotional, advertising, informational and other similar messages regarding sales, discounts, loyalty programs, reward certificates, abandoned cart reminders, and other offers, in varying frequencies at the mobile telephone number provided when opting in.

- Order Tracking and Delivery Alerts: You may provide your mobile telephone number to opt in to receive text messages about your orders, shipments, and/or deliveries, and updates related to same.

2. How to Opt In

To opt in to a Program to receive SMS/MMS mobile messages, please follow the instructions provided by the specific Program you wish to enroll in, such as through online or application-based enrollment forms. Upon your request to sign-up to a recurring Program, you will receive two (2) text messages as part of the process confirming your desire to opt-into the Program (first an opt-in request message, and once you have replied “Y” you will receive a sign-up confirmation message). If at any time you obtain a new mobile telephone number other than the one you initially used to subscribe to any Program, you understand that you would need to re-opt in to any of the programs. Regardless of the opt-in method you utilize to join the Program, you agree that these Terms apply to your articipation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or autodialer”).Message and data rates may apply.

3. How to Opt Out

If you do not wish to continue participating in any Program, or no longer agree to these Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Cult Gaia in order to opt out of the Program at any time. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand that any other method of opting out, including, but not limited to, verbally requesting one of our employees to remove you from our list the text message program or texting words other than those set forth above to remove you from our list the text message program will not opt you out of a Program, and agree that Cult Gaia and its service providers will have no liability for failing to honor such requests.

4. Cost and Supported Carriers

When you use any Program, message and data rates may apply. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving text messages. You are solely responsible for any costs related to or associated with your receipt of text messages as a result of using any Program, as set forth more fully in these Terms.Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smallerregional carriers. The Mobile Service may not be available on all wireless carriers. We may add or remove any wireless carrier from the Mobile Service at any time without notice. Cult Gaia the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

5. Frequency

The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Cult Gaia. Message frequency varies. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages.
Cult Gaia 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.

6. Support Instructions

For support regarding the Program, text “HELP” to 74232 or email us
at hello@cultgaia.com. Please note that the use of this email address is not an acceptable
method of opting out of the program. Opt outs must be submitted in accordance with the
procedures set forth above.

7. MMS Disclosure

A Program will send SMS TMs (terminating messages) if your mobile device does not support MMS (Multimedia Messaging Service) messaging.

8. Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a
participating wireless carrier, and be a wireless service subscriber with text messaging service.
Not all cellular phone providers carry the necessary service to participate. Check your phone
capabilities for specific text messaging instructions.

9. Eligibility

Children under the age of 16 may not participate in any Program and parents or legal guardians may not agree to these Terms on their behalf. If we become aware that a child under 16 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 16 years of age, you may participate in any Program only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 16 and 18, be advised that you are fully responsible for his or her participation in any Program, including, without limitation, all legal liability that he or she may incur. By using or engaging in any Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage in the Program.

10. Privacy

We respect your privacy. To learn more about how we process your personal information please review our Privacy Policy.

11. Access or Delivery to Mobile Network Is Not Guaranteed

Our Program are offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with any Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
We are not liable for delayed or undelivered mobile messages.

12. Duty to Notify and Indemnify

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR
FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE
PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE
CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND
FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER
RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE
TELEPHONE NUMBER YOU PROVIDED.

13. Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Most concerns may be quickly resolved in this manner. For any dispute relating to these Terms, you agree to first contact us at hello@cultgaia.com and attempt to resolve the dispute with us informally. Your notice of dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The notice of dispute also must explain the facts of the dispute as you understand them and tell us what you want us to do to resolve the issue. The parties shall use their best efforts to settle any dispute directly through consultation and good faith negotiations, and you agree that a notice of dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of dispute will not be valid unless it contains all of the information required by this paragraph. If you commence an arbitration without having previously provided a valid and compliant notice ofdispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on these Terms and the notice of dispute provided (if any). All statutes of limitation shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

We Both Agree to Arbitrate. In the unlikely event that we do not reach an agreed upon solution within sixty (60) days from the date the informal dispute resolution is pursued pursuant to the Initial Dispute Resolution section above, then unless an Exception applies as stated below, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, including but not limited to its formation, performance, breach or allegedbreach thereof, and regardless of whether the dispute is based in contract, statute, regulation, ordinance, or tort (collectively, “Claims”), by binding arbitration. You and Cult Gaia agree to resolve any claims relating to these Terms, or your receipt of text messages from Cult Gaia, or anyone sending text messages on Cult Gaia’s behalf, including but not limited to, its service providers, through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Cult Gaia’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Cult Gaia may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

What Is Arbitration: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

Arbitration Procedures. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in whichCult Gaia’sprinciple place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Authority of Arbitrator: The arbitrator will decide the rights and liabilities, if any, of you and Cult Gaia, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all orpart of any claim. The arbitrator shall have the authority to award monetary damages and to grantany non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA.

No Class Actions. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.

Exception—Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by AAA, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by these Terms, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Sephora in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CULT GAIA WAIVE ALL RIGHTS TO A JURYTRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THATYOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions above by sending written notice of your decision to opt-out by emailing us at hello@cultgaia.com, and providing the following information: (i) your name, (ii) your email address; (iii) your mailing address; and (iv) a statement of your wish not to resolve disputes with Cult Gaia through arbitration. The notice must be sent within thirty (30) days of your first use of a Program following the effective date of these Terms; otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any Program or these Terms must be filed within two (2) years after such claim or cause of action arose or be forever barred.

Forum. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County, California, and you and we agree that any litigation shall be filed exclusively in state or federal courts located in Los Angeles County, California (except for small claims court actions which may be brought in the county where you reside). In the event of litigation not subject to these Terms to binding arbitration, you and we agree to waive, to the maximum extent permitted by law, any right to bring a class action or any right to a jury trial, except where a class action or jury trial waiver is not permissible under applicable law.

14. Miscellaneous

You warrant and represent to Us that you have all necessary rights, power, and authority to agreeto these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein willnot be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extentnecessary so that these Terms will otherwise remain in full force and effect and enforceable. Anynew features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in any Program after any such changes, you accept these Terms, as modified.

15. Contact

Questions about the Terms should be sent to us athello@cultgaia.com.