OVERVIEW

Last Updated:  March 15, 2024

These Terms of Service describe the rules that govern our relationship with you. These Terms form a legally binding contract between you and Cult Gaia so please read them carefully. By accessing or using the Services in any manner, including, but not limited to, making a purchase, visiting or browsing our websites, downloading any mobile applications, participating in our mobile service, registering an account, participating in our loyalty program or contributing content or other materials to the Services, you expressly understand, acknowledge and agree to be bound by these Terms. If you do not agree with them, then you should not use the Services.

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.  PLEASE REVIEW THE DISPUTE RESOLUTION PROVISIONS CAREFULLY.

SECTION 1 - ACCEPTANCE OF TERMS

Cult Gaia welcomes you to the Cult Gaia web site (the “Site”).  Cult Gaia (referred offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of these Terms of Service (“Terms” or “Agreement”). Throughout the Site, the terms “we”, “us” and “our” refer to Cult Gaia.  The following Terms govern
all use of our Site, any mobile applications, any loyalty rewards program, and any other websites, pages, features, or content (collectively the “Services”) owned and operated by Cult Gaia that link to these Terms. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

By visiting our Site and/ or using our Services you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. By using the Services, you acknowledge that your personal information will be processed in accordance with our Privacy Policy. If you do not agree with an accept these Terms of Service, you cannot use the Services and we invite you to immediately discontinue your access and use of the Services. 

Any new features or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. ANY CHANGES OR MODIFICATIONS TO THESE TERMS OF USE WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED TERMS WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 2 - USE OF SERVICES

2.1 Representations. When you use our Site, you represent and warrant that you are at least 16 years old or are visiting the Services under the supervision of a parent or guardian. Subject to these Terms, Cult Gaia hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of learning about Cult Gaia, communicating with Cult Gaia, or for general informational purpose, and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Cult Gaia in writing.  Any breach of these Terms will result in the immediate revocation of the license granted in this paragraph without notice to you.

2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse Services in our discretion, including, without limitation, if we believe that your conduct violates applicable laws or is harmful to our interests.

You shall not upload to, distribute, or otherwise attempt or publish on the Site any content, information, or other material that: (a) is uploaded, distributed, published or posted without Cult Gaia’s express written permission or approval; (b) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (c) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (d) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically
harmful.

Additionally, you agree not to:

- use the Site for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation;

- to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or other persons using the Site or expose us or them to liability;

- use the Site in any manner that could disable, overburden, damage, or impair the Site or any other party’s use of the Site;

- use any robot, spider or other manual or automated device, process, software or means to index or access the Site for any purpose;

- use the Site to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for
commercial purposes;

- otherwise attempt to interfere with the proper working of the Site.

From time to time, we may restrict access to some or all parts of the Site at our discretion and for any reason or no reason. We may also terminate your access to the Site at any time and for any reason at our sole discretion. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ERRORS

While we strive to provide accurate information on the Site, errors may occur. In the event that information is inaccurate, misleading, or incorrect we may, at our discretion, update, correct, or delete the information at our discretion.

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical
information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

SECTION 4 - INTELLECTUAL PROPERTY AND OWNERSHIP

4.1 Content. The Site, including all of their information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “Content” provided by and with the Site belong at all times to Cult Gaia or to those who grant Cult Gaia the license for their use and is protected by the copyright laws in the jurisdiction where you reside and international copyright laws. You may use the Content only to the extent that we or the usage licensers authorize expressly.

4.2 Rights Reserved. Content on the Site is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for
any other purposes whatsoever without the prior written consent of the Company or the respective owners or licensors. We reserve all rights not expressly granted in and to the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services, provided by you to us are non-confidential and shall become the sole property of the Company.

You agree not to engage in the use, copying, or distribution of or create
derivative works from any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

SECTION 5 – ORDERS, PROHIBITION ON RESELLING AND PRICE

The information on this Site does
not constitute a binding offer to sell products described on the Site or to
make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to
your credit card account.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 6 - MODIFICATIONS TO THE PRODUCTS, SERVICE AND PRICES

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.  We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 7 - PRIVACY

We respect your right to privacy. To fully understand how we collect and use your personal information, please see our Privacy Policy.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 – MOBILE SERVICES

If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please see our Text Messaging Terms & Conditions for more information. If you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy.

SECTION 10 - EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ( “Force Majeure” ). Force
Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

- Strike, lockout or other forms of protest.

- Civil unrest, revolt, invasion, terrorist attack or
terrorist threat, war (declared or not) or threat or preparation for war.

- Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic or any other natural disaster.

- Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.

- Inability to use public or private telecommunication systems.

- Acts, decrees, legislation, regulations or restrictions of any government or public authority.

- Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

You understand and agree that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these
obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfill our obligations under the
Terms despite the Force Majeure.

SECTION 11 - DISCLAIMER OF WARRANTIES

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. CULT GAIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR
TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM CULT GAIA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. CULT GAIA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

IN CERTAIN JURISDICTIONS THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 12 - LIMITATION OF LIABILITY

12.1  PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CULT GAIA TO YOU. 
YOU HEREBY AGREE THAT:

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH,
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CULT GAIA NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY
INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, CULT GAIA’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CULT GAIA, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CULT GAIA NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR
SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH CULT GAIA IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND CULT GAIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12.2  For residents of the European Union, the United Kingdom, Switzerland, and any other country in the European Economic Area, please read the following items carefully: Notwithstanding anything to the contrary in the foregoing:

- your claim(s) for damages are excluded, except for such claims for damages arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) and except
for liability for other damages based on an intentional or grossly negligent breach of duty by Cult Gaia, its legal representatives, employees or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

- In the event of a breach of material contractual obligations, Cult Gaia shall only be liable for the foreseeable damage typical for the type of contract if such damage was caused by simple negligence, unless the damage claims are based on injury to life, body or health.

- The limitations of liability shall also apply in favor of the legal representatives, employees and vicarious agents of the Company if claims are asserted directly against them.

- Any applicable mandatory statutory provisions remain unaffected.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless CULT GAIA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all losses,
liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Cult Gaia reserves the right, at its own expense, to assume
exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Cult Gaia in the defense of such matter.

SECTION 14 - DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

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

14.1  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 of dispute, 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.

14.2  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 alleged breach 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.

14.3  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.

14.4 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 which Cult Gaia’s principle 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.

14.5 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 or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any 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.

14.6 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.

14.7  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.

14.8  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 JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

14.9  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.

14.10 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.

14.11 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.

SECTION 15 - THIRD-PARTY LINKS AND RESOURCES

Our Site may contain links to third-party sites that are not owned or controlled by us. References on our Site to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.

We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile
app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or
platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy,
completeness, or timeliness of any content posted on the Site by anyone other than us. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We strongly advise you to read all third-party terms and conditions and privacy policies. Complaints, claims, concerns, or questions regarding third-party products should be directed to the
third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 – NO WAIVER

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of
California. 

SECTION 20 – ENTIRE AGREEMENT AND ADMISSIBILITY

These Terms and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Cult Gaia with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any
ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us
at hello@cultgaia.com.