SHIPPING INTERNATIONALLY

Through our partnership with Borderfree, we are pleased to provide an international shopping experience to our customers. For a list of available shipping countries and shopping currencies, please click here.

RETURNS & EXCHANGES

We strive to provide an amazing shopping experience and superior customer service. If, for any reason, you are not completely satisfied with your order, we gladly offer free returns and exchanges in the U.S. within 90 days from the original date of shipment for Xtra VIP Members, and within 30 days from the original date of shipment for all other customers, subject to the following terms and limitations. 

We accept returns or exchanges for free in the U.S. up to 90 days from the original date of shipment for Xtra VIP Members and up to 30 days from the original date of shipment for all other customers. You can exchange an item for another item, or return it for store credit or a refund. Any items acquired with Member Credit or store credit can only be exchanged or returned for Member Credit or store credit, as applicable, and will not be eligible for a refund to a debit or credit card. Some items purchased through special promotions may be final sale, and therefore not eligible for exchanges or returns (please refer to promotion disclaimers for the terms of each offer). “Final sale” items are not eligible for returns or exchanges. Any item to be returned or exchanged must be in new, unused and resalable condition with all original tags attached. Any return or exchange should be sent back in the original, undamaged box and packaging, plus any accessories or extras that may have been included with the shipment.  

SHIPPING YOUR RETURNS/EXCHANGES

Returns and exchange are easy! To make a return or exchange, please follow these steps:

1. Print your return shipping label by visiting the “Order & Returns” page under “My Account”. Alternatively, you can call our customer service representatives at (855) 728-2439 and they will email you a return shipping label and help you with any other questions you have regarding your return. 
2. Prepare your package using the original, undamaged box and packaging. 
3. Attach the return shipping label to your shipment. 
4. Ship your package at any USPS locations. 

If, for any reason, you are not satisfied with your international order, please call our customer service representatives at (855) 728-2439 and we will provide further instructions on where returns should be shipped and the amount to be refunded. Refunds will be credited to you by our partner, Borderfree, in the same currency and using the same exchange rate as your original order. Customer is responsible for return shipping and handling and other applicable costs.  

From time to time, we may offer extended return and exchange promotions, which are subject to these Terms of Service except as otherwise stated in any specific terms. We reserve the right, in our discretion, to determine eligibility for any extended return and exchange promotions. 

RISK OF LOSS/TITLE

The risk of loss and title for products purchased on the Site or through the Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your Account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your Account at our discretion. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.  

SALES TAX

Lavender reserves the right to collect sales and/or use taxes in any jurisdiction it believes that such collection is required by law. Lavender also reserves the right to collect fees associated with tariff taxes and surcharges. 

For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where Lavender does not collect sales tax. Details of how to report these taxes may be found at the websites of the taxing authorities applicable to you.  

Effective July 1, 2022, Colorado imposes a non-refundable retail delivery fee of $0.27 on all deliveries by motor vehicle to a location in Colorado with at least one item of tangible personal property subject to state sales or use tax. Lavender is liable to collect and remit the fee on each order to be delivered to a Colorado address. The fee applies to the entire order regardless of the number of items in an order and how many shipments are needed to deliver the items ordered. The retail delivery fee is not refundable on orders that are returned for a credit or refund including sales tax. 

PAYMENT INFORMATION

To make purchases on this Site or through the Services, or to become an Xtra VIP Member, you must submit credit card, debit card or other payment information. You represent and warrant to Lavender that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit or debit card expiration date) that may occur. You authorize Lavender to use and store any credit card, debit card or other payment information submitted by you or updated credit card information submitted by your credit card company directly to Lavender. Lavender may also use additional payment methods you provided as a default option. If your credit or debit card cannot be charged due to expiration, insufficient funds or otherwise, Lavender reserves the right to either suspend or terminate your purchase and/or cancel your Xtra VIP Membership if you do not update your payment information. If you dispute any charges for product purchases, you must inform Lavender within thirty (30) days from the date of shipment. We reserve the right to change any product prices and fees. If Lavender changes the annual or monthly membership fee or makes any other changes to your membership, we will notify you by email of these changes. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. 

Lavender may, from time to time, partner with certain third-party payment services (e.g., PayPal, Afterpay, etc.) ("Payment Service") to make the payment process more efficient and streamlined. If you choose to use a Payment Service on this Site, you authorize Lavender to receive and store the payment information associated with your use of such Payment Service and to use such payment information in connection with your purchase of Services and, for members, the $59.95 monthly membership charge or the $49 annual membership fee, as applicable.

ACCOUNT CONFIDENTIALITY AND ACCESS

You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your Account and password. Lavender shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your Account sign-in password and email address. You acknowledge and accept that your use of the Services is in compliance with these Terms of Service. You further acknowledge and accept that Lavender shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Service, which is defined as a matching and current member sign-in and user password. You must notify us immediately of any unauthorized access to your Account or any other unauthorized use of any of our Services. 
 

You agree that Lavender may, without prior notice, immediately terminate, limit your access to or suspend your Account, monthly Xtra VIP Membership or annual Xtra Savage Membership based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Lavender believes is harmful to its business interests: or (f) for no reason. You agree that any termination, limitation of access and/or suspension will be made in Lavender’s sole discretion and that Lavender will not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account. 

PROHIBITED USES

Any and all Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which is limited to viewing this Site, purchasing products, providing information to Lavender, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications. Lavender specifically prohibits any use of, and requires all users to agree not to use, the Services for any of the following: 

1. Posting any information which is incomplete, false, inaccurate or not your own; 
2. Creating multiple accounts for the same user;
3. Impersonating or misrepresenting your identity or affiliation;
4. Providing your password to any other person or using any other person’s username and password;
5. Accessing data not intended for you or logging on to a server or account, which you are not authorized to access; 
6. Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol; 
7. Using the Site or Services for commercial use, resale or use on behalf of any third party; 
8. Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it; 
9. Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner; 
10. Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another; 
11. Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws; 
12. Attempting to interfere in any way with this Site's network security, or attempting to use this Site's service to gain unauthorized access to any other computer system; 
13. Communicating, transmitting, or posting material that is in violation of applicable laws or regulations; 
14. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); 
15. Attempting to interfere or interfering with the operation of this Site, Lavender’s provision of services to any other visitors to this Site, Lavender hosting provider or Lavender networks, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "mailbombing" or "crashing" this Site; 
16. Reverse engineering, tampering, modifying, damaging or disassembling the technology used for the Site or Services; 
17. Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to this Site. 

USER CONTENT

Any and all content, comments, reviews, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, "User Content") that you submit or post through any of our Services shall be deemed non-confidential and non-proprietary. By submitting, uploading, tagging or posting any User Content, you grant to Lavender, its subsidiaries, affiliates, successors and assigns, a perpetual, irrevocable, unrestricted, non-exclusive, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever, including but not limited to social media, marketing, third party materials, promotional materials, advertising, and other commercial and non-commercial usages without any obligation or additional permission from you. Lavender will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. You also grant Lavender the right to use the name, username and/or handle you submit with any User Content in connection with such content.  

You understand and agree that all opinions expressed in User Content reflect solely the opinions of the individuals who have submitted such User Content and are not endorsed by Lavender. Lavender shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. You are solely responsible for your use of any User Content you post, including the transmission, accuracy and completeness of the User Content. In addition, relying on any User Content by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will Lavender be responsible or liable for any loss or damage resulting from your reliance on information, advice or other User Content provided by any user of our Services. Lavender retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. A purchase or payment of any kind will not increase the chance that we will use your User Content. 

By submitting User Content, you represent and warrant to Lavender that (i) you are over the age of 18, (ii) you have the requisite right to transmit, distribute, replicate and post the User Content, (iii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content provided, (iv) you hold the rights necessary to grant the licenses described herein, (v) you have obtained the consent of each person, if any, depicted in the User Content and the User Consent does not feature anyone under the age of 18. In addition, you represent and warrant to Lavender that the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property rights of any third party, (c) contain any libelous, defamatory, abusive, discriminatory, hateful, violent, threatening, invasive of privacy or otherwise harassing or unlawful content, (d) display material that exploits children under 18, (e) sell or promote any products or services unrelated to this Site, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages, (f) promote or solicit any business, or post any unsolicited advertising, promotional materials or any other forms of solicitations, (g) contain any addresses, email addresses, phone numbers, any contact information or other personally identifying information of third parties, (h) contain computer viruses, worms or other harmful files, or (i) contain material that could constitute or encourage conduct that would be considered a criminal offensive, give rise to civil liability or otherwise violate any city, state, national or international laws or regulations. You are solely responsible for the User Content and you hereby agree to indemnify and hold Lavender and its subsidiaries, affiliates, employees, successors and assigns harmless from any and all damages, claims, expenses, losses, costs and fees arising from or in connection with a breach of any of the foregoing representations and warranties or your violation of any law or rights of a third party. If at any time you believe that any of the representations and warranties provided above is not correct, you must notify us immediately by sending an email to media@savagex.com and identifying the User Content along with a detailed explanation of the issue. 

By connecting to Savage X Fenty with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy.

SITE CONTENT

By using this Site, you may come across mature content that includes nudity or partial nudity, and that you may consider offensive, indecent, explicit, inappropriate or objectionable. You acknowledge and understand these risks in using this Site and the Services and represent that the jurisdiction from which you are accessing the Site does not prohibit the receiving or viewing of sexually explicit content.  

PRODUCT INFORMATION

Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Lavender reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Lavender has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Lavender cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Lavender is not responsible for typographical errors regarding price or any other matter. 

PURCHASE CANCELLATIONS

All orders placed through any of our Services offered are subject to Lavender’s acceptance. This means that Lavender may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit or debit card has already been charged for an order that is later cancelled, Lavender will issue you a refund. 

INTELLECTUAL PROPERTY RIGHTS

All content, graphics, text, code and software used on or incorporated into this Site and/or any Services, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Lavender and all rights thereto are specifically reserved. As between you and Lavender (or any other company whose marks appear on any Services), Lavender (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on this Site and any other Service and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. Lavender’s logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Lavender Intellectual Property") are owned by Lavender and may be registered in the United States and internationally. You agree not to display or use the Lavender Intellectual Property in any manner without Lavender's prior written permission. Nothing contained on this Site or in any other Service should be construed to grant any license or right to use any Lavender Intellectual Property without the prior written consent of Lavender. 

Except as otherwise provided herein, use of the Services does not grant you a license to any materials, content or features you may access on this Site or via the Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose without the prior written consent of Lavender. If you make use of the Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. 

DISCLAIMERS AND LIMITATION OF LIABILITY

Lavender publishes information within the Services as a convenience to its visitors. While Lavender attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Services at any time without notice. The products described in the Services may not be available in your region. Lavender does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Services will be available for purchase in all jurisdictions. 

YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES AND THE PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LAVENDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

LAVENDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING. 

LAVENDER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH LAVENDER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS, DATA OR USE EVEN IF LAVENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

LAVENDER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE SERVICES EVEN IF CAUSED IN WHOLE OR PARTY BY THE ACTION, INACTION OR NEGLIGENCE OF LAVENDER OR OTHERS. LAVENDER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. LAVENDER SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD. 

CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. IF A PRODUCT OFFERED THROUGH THE SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE. 

Lavender makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the Services. Hyperlinks are included solely for your convenience, and Lavender makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. Lavender does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the Services. Lavender is not responsible for the content or practices of any third party sites. Users are advised to read the terms of use and privacy policy of any other third party site carefully before providing any information or engaging in any transactions. 

INDEMNITY AND RELEASE

You agree to indemnify and hold Lavender and its parent, subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Services by you or any other person accessing the Services using your Account; (b) the use of, or connection to, the Services by you or any other person accessing the Lavender Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service. 

DISPUTE RESOLUTION AND MUTUAL ARBITRATION AGREEMENT 

Governing Law.

Use of the Services, enrollment in any membership program, any purchases made through the Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Services, your membership in or purchases through the Services, monthly Xtra VIP Membership Program, annual Xtra Savage Membership Program and/or your Account, or products purchased through the Services (collectively, “Disputes”) shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules. 

All Disputes between you and Lavender must be commenced within one (1) year after the claim or cause of action arose. 

Forum Selection / Jurisdiction.

Jurisdiction and venue for all Disputes shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes. 

Agreement to Pre-Arbitrate Notification.

These Terms of Service provide for final, binding arbitration of all Disputes (discussed immediately below). You and Lavender agree, however, that it would be advantageous to discuss and hopefully resolve any Disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a Dispute, the claimant whether you or Lavender shall send a letter to the other side briefly summarizing the claim and the request for relief. If Lavender is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to Lavender, LLC, Attn: General Counsel, 800 Apollo Street, El Segundo, California 90245. The parties agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally the Dispute. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. Engaging in this informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. If the Dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein. The statute of limitations and any arbitration filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. 

Agreement to Arbitrate Claims.

Except to the limited extent noted below, all Disputes shall be resolved by final, binding, and bilateral arbitration between you and Lavender. 

The arbitration shall take place in Los Angeles County, California and be administered by ADR Services, Inc. and shall be subject to ADR Services’ most current version of its Arbitration Rules, available at https://www.adrservices.com/services/arbitration-rules or by calling ADR Services at 310-201-0010. If ADR Services is not available to arbitrate, the parties will mutually select an alternative arbitral forum, and either Party may invoke 9 U.S.C. § 5 to request that a court appoint an arbitration provider. To the extent there is a dispute over which arbitration provider shall administer the arbitration, only a court (and not an arbitrator or arbitration administer) may resolve that dispute, and the arbitration shall be stayed pending the court’s ruling. 

The arbitration demand must include (1) the name, telephone number, mailing address, username and e-mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the party seeking arbitration. Counsel for any party bringing an arbitration demand must also provide a certification that, to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, (1) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support, or if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. 

This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. The parties agree that these Terms of Service evidence transactions involving interstate commerce. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. 

The arbitrator (and not a court) shall determine any and all challenges to the arbitrability of a claim, including disputes about the scope, applicability, enforceability, revocability, or validity of this arbitration agreement. However, all disputes related to the enforceability and applicability of the class action waiver (see below) shall be resolved by a court and not an arbitrator. In the event that the arbitration agreement is found not to apply to you or to a particular Dispute, either as a result of your decision to opt out of the agreement to arbitrate, or as a result of a decision by the arbitrator or a court order, you and Lavender agree that that Dispute must be resolved exclusively by a state or federal court located in Los Angeles County, California. The parties agree that all related Disputes that can be arbitrated shall be arbitrated first, and any non-arbitrable Disputes shall be stayed until the completion of the arbitration. 

Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after ADR Services acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone or video hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration. The arbitrator is authorized to hear motions for summary disposition. Notwithstanding any provision in the ADR Services’ rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.   

The parties agree that all of the arbitration proceedings, including any discovery, hearings, and rulings, shall be confidential to the fullest extent permitted by law. 

The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. 

If at any time the arbitrator or arbitration administrator fails to enforce the terms of this arbitration agreement, either party may seek to enjoin the arbitration proceeding in a court of competent jurisdiction, and the arbitration shall automatically be stayed pending the outcome of that proceeding. 

The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction. However, in any award issued in an arbitration conducted in accordance with this arbitration agreement, the arbitrator shall specify a reasonable time within which the final award shall be satisfied, and no party may seek to confirm the award until the time specified for satisfaction has expired. If the final award is satisfied during the specified time, no party shall seek to confirm the award.   

Arbitration Fees and Costs.

The fees that shall apply to arbitrations administered by ADR Services are set forth on ADR Services’ website, available at https://www.adrservices.com/rate-fee-schedule/. Specifically, the fees set forth in ADR Services’ Mass Employment Arbitration Fee Schedule shall apply when twenty (20) or more arbitration claims are filed which: (1) involve the same or similar parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties. In all other circumstances, the fees set forth in ADR Services’ General Fee Schedule shall apply, except that Lavender will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. If the arbitrator finds that you cannot afford to pay ADR Services’ filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from ADR Services, Lavender will pay them for you. 

Unless otherwise prohibited by law or the rules governing the arbitration, all disputes relating to or arising out of the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator or administrator, and the arbitration shall be stayed pending the resolution of such disputes by a court. Both parties agree not to oppose or interfere with any negotiations or agreements between the other party and the arbitration administrator, or individual arbitrator, relating to a party’s portion of the fees. The arbitrator, however, may disallow any private agreement between an administrator, on the one hand, and the negotiating party, on the other hand, if the arbitrator believes that the private agreement undermines his or her neutrality as arbitrator. 

If a party timely serves an offer of judgment under Federal Rule of Civil Procedure 68, and the judgment that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the costs, including filing fees, incurred after the offer was made. Further, any finding by an arbitrator that a claim or counterclaim was filed for purposes of harassment or is frivolous under the standards set out in Federal Rule of Civil Procedure 11 shall entitle the other party to recover their attorneys’ fees, costs, and expenses. 

Class Action Waiver (herein the “class action waiver”).

Both you and Lavender waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. Nor shall the arbitrator have the authority or any jurisdiction to hear an arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. Consistent with their commitment to arbitrate all Disputes on an individualized basis, the parties also waive the right to bring any claims for public injunctive relief. To the extent applicable law prevents the parties from waiving a claim for public injunctive relief, all claims for public injunctive relief shall be heard by the arbitrator. Nothing in these Terms of Service prevent any party from participating in a settlement of a class, consolidated, representative, collective, or private attorney general action.     

Severability.

Except as otherwise provided herein, if any portion of this arbitration agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision will be severed from this arbitration agreement, (2) the remainder of the arbitration agreement will be given full force and effect, and (3) severance of the unenforceable or unlawful provision will have no impact on the remainder of the arbitration agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and Lavender agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If there is a final determination that applicable law precludes enforcement of the class action waiver as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible.   

OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of setting up your Account, you must send a letter to Lavender, LLC., c/o Legal Department, 800 Apollo Street, El Segundo, California 90245 that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. Each opt-out notice may opt out only one person; opt-out notices that attempt to opt out multiple people at the same time will be ineffective. 

If you opt out of this arbitration agreement, all other terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if Lavender makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Lavender’s address), you may reject any such change by sending a letter to Lavender within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline. 

NOTICE FOR CALIFORNIA USERS

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information Lavender shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Lavender, LLC, Attn: General Counsel, 800 Apollo Street, El Segundo, CA, 90245. In your request, please specify that you want a "Your Lavender California Privacy Rights Notice." Please allow 30 days for a response. 

GENERAL INFORMATION

These Terms of Service constitute the entire agreement between you and Lavender and govern your use of the Services, and they supersede any prior agreements between you and Lavender. You also may be subject to additional terms and conditions that are applicable to certain parts of the Services. Lavender may terminate this agreement and deny you access to the Services at any time, immediately and without notice, if in Lavender's sole discretion you fail to comply with any provision of these Terms of Service. 

You agree that no joint venture, partnership, employment, or agency relationship exists between Lavender and you as a result of this agreement or your use of the Services. 

The failure of Lavender to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall be deemed severable and shall not affect the enforceability of those portions of the terms deemed enforceable by applicable courts of law. 

You may not assign the Terms of Service or any of your rights or obligations under the Terms of Service without Lavender's express written consent. The Terms of Service inure to the benefit of Lavender's successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. 

Updated: February 6, 2023