Terms & Conditions

Online Terms & Conditions

Welcome to the NEOM website. This website is owned and operated by NEOM Inc and NEOM Ltd.

1. Our Agreement

PLEASE READ THESE TERMS AND CONDITIONS (THE "TERMS") CAREFULLY. THESE ARE THE TERMS THAT APPLY WHEN YOU USE THE WEBSITE WWW.US.NEOMORGANICS.COM . BY USING ANY PART OF THIS WEBSITE, COMPLETING YOUR CUSTOMER REGISTRATION WITH US AND/OR PLACING AN ORDER ON THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

NOTE: THESE TERMS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH NEOM. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Any reference to "NEOM", "we", "us" or "our" in these Terms is a reference to Neom Inc and any reference to "you" or "your" means you, the user of the website. 

2. Changes to these terms

We reserve the right to change or modify these Terms at any time where it is necessary in the course of our business to do so, including for legal, regulatory or security reasons. We encourage you to review the Terms when purchasing any products or services to ensure that you agree to the proposed way in which we will deal with you. If you do not agree to the applicable Terms each time you use the website, then please do not use our website. Any changes are effective immediately upon posting to the website. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

If you have any questions, concerns or comments about our Terms, please contact our Customer Care team (open 8am - 7pm Monday to Friday, 9am - 5.30pm Saturday and 10am - 5pm on Sunday) via the following link: https://us.neomorganics.com/pages/contact-us and they will be happy to help you.

3. Your use of this website

By accepting the Terms, you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects. If you need to make any changes to your account, please speak to our Customer Care Team who can help with making the necessary changes.

You agree that in using the website, you will not: (i) use the website in any way that causes, or is likely to cause the site or access to the site to be interrupted, damaged or impaired in any way; (ii) use the website for any purpose that could damage the name of NEOM or impair the goodwill or reputation associated with our brand; (iii) use the website for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party; (iv) access or attempt to access the accounts of other users or attempt to penetrate the website security measures; nor (v) use the website for any purpose other than for your own personal use.

We reserve the right to suspend, restrict or terminate your access to the website at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behaviour. 

While we will take all reasonable steps to ensure a fast and reliable service, we do not guarantee that your use of this website will be interruption or error free and we will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

NEOM reserves the right to cancel orders at its discretion including without limitation if your payment is rejected or otherwise cannot be processed. If we cancel an order, it will be without charge to you. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto.

3.1 Privacy Policy 

All personal information that you provide us will be managed in accordance with all applicable laws and regulations. Further detail as to how we use your personal information is set out in our Privacy Policy.

4. Making an Order

Once you have submitted an order for goods, you will receive an e-mail confirming receipt of your order (the "order confirmation"). You will receive a further e-mail from us once the goods have been dispatched from our warehouse; at this point a binding contract will be concluded between us.

4.1 Product description and packaging

The images of the products on our website are for illustrative purposes only. The packaging of the product may vary from that shown in images on our website.

4.2 If we cannot accept your order

If we are unable to accept your order, we will inform you of this and will not charge for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline that you have specified.

4.3 Making changes to your order

If you wish to change or cancel an order please contact our Customer Care team (open 8am - 7pm Monday to Friday, 9am - 5.30pm Saturday and 10am - 5pm on Sunday) via the following link: https://us.neomorganics.com/pages/contact-us as soon as possible and we will do our very best to accommodate this. Please note that our Customer Care Team currently work on UK office hours. 

If you wish to make a change, we will let you know if the change is possible and about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of the requested change and ask you to confirm whether you wish to go ahead with the change. We may change the product to reflect changes in relevant laws and regulatory requirements.

5. Registering an Account

To make it easier for you to order products using our website, we offer you the opportunity to register for a personal account. 

To register, you must supply us with certain personal information. Once you have created an account, if you need to update or correct any of your personal details please contact our Customer Care Team. We will only use the personal information you give us in accordance with our Privacy Policy as mentioned at section 3.1 above. 

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered. The Website only sells products to individuals who can purchase with a credit card/debit card or using a PayPal account. If you are under eighteen (18), you may only purchase products using the Website with the involvement and supervision of a parent or guardian.

6. Price

All prices are quoted in United States dollars and are inclusive of sales or any other applicable taxes (as may be prescribed by law from time to time), unless otherwise specified. Posting and packing prices may be charged in addition to the price of any goods. Please refer to section 8 (Shipping) for further information regarding the shipping charges.

7. Payment

Online payment will be provided in a secure environment. Payments must be made by one of the following credit card payment methods - Visa, MasterCard or American Express or via  PayPal, Apple Pay, Google Pay or Shopify Payments.

Fraudulent use of credit cards will be reported to the relevant authorities. If the issuer of your payment card refuses to pay or does not for any reason authorise the payment to us, we will not be liable for any delay or non-delivery of the products.

8. Shipping

Standard free 4-7 working day shipping on orders over $85. This is subject to change especially during peak promotional periods, see our Shipping Page for all details https://www.us.neomorganics.com/pages/postage. 

We will ship the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.

You will be responsible for all loss and damage to the goods after they have been shipped to you. If you are in dispute with postal services or other carriers regarding other parcels, you may find other charges also apply.

9. Ownership

We will retain ownership of the goods until full payment has been made and funds have cleared.

10. Cancellations & Returns

10.1 Cancellations

If you wish to change or cancel your order, lease contact our Customer Care team (open 8am - 7pm Monday to Friday, 9am - 5.30pm Saturday and 10am - 5pm on Sunday) via the following link: https://us.neomorganics.com/pages/contact-us as soon as possible. 

Please note our Customer Care Team are based in the UK and we aim to process orders as quickly as we can; but order amendments or cancellations are not always possible. Please also be aware that we may not be able to cancel or amend orders during peak promotional periods.

10.2 Exchanges & Gift Returns

If you wish to exchange an item, you will need to return the item you no longer wish to keep as per our returns policy and place a new order. 

We are unable to exchange any items that have been received as a gift. If you are unhappy with your product, you would need to contact the original purchaser who can return the item for a refund or if you decide to return an order received as a gift, a refund will automatically be issued to the original payment card.

If you would like to speak with us about the product(s) you have received, please contact our Customer Care team (open 8am - 7pm Monday to Friday, 9am - 5.30pm Saturday and 10am - 5pm on Sunday) via the following link: https://us.neomorganics.com/pages/contact-us or via Live Chat.

10.3 Faulty products/other rights to return

On the rare occasion that you receive an item that is faulty, please contact our Customer Care team (open 8am - 7pm Monday to Friday, 9am - 5.30pm Saturday and 10am - 5pm on Sunday) via the following link: https://us.neomorganics.com/pages/contact-us as soon as you discover the fault. In order for us to rectify this for you as quickly as possible, we will require the following information:

1. Order number

2. Product description

3. Description of the fault

4. Image(s)and/or video of the fault

As soon as we have received this information, our Customer Care Team will be back in touch. Please note, from time to time we may require a faulty item to be returned to us before we are able to honour the replacement which we will arrange.

Unless you purchase a product that comes with a warranty, you are entitled to a refund if your product develops a fault within 30 days of purchase. After 30 days, you are entitled to a replacement product only.

If your package is visibly damaged on delivery, please tell the person delivering your goods that you wish to sign as "received damaged".

If your goods are received as faulty or damaged once opened, please contact our Customer Care team (open 8am - 7pm Monday to Friday, 9am - 5.30pm Saturday and 10am - 5pm on Sunday) via the following link: https://us.neomorganics.com/pages/contact-us within 48 hours of receiving your order.

10.4 All Returns

We've extended our returns policy - Orders placed after 1st November 2023 can be returned up until 31st January 2024.

You can only use the following process to return NEOM products which have been purchased directly through this Website. If you purchased your NEOM products at a retail store or from another website, the products must be returned to the original store or site from which they were purchased. 

If you need to return your order or part of your order to us, please complete the returns table on the packing slip enclosed in your parcel. 

If you wish to exchange an item, please detail this clearly in the ‘Exchange Comment’ section.

Once complete, please visit us.neomorganics.com/pages/contact-us and submit a request to notify us of your intent to return. A member of our Customer Care Team will then email you a pre-paid returns label which you need to affix to the exterior packaging. Drop this to your nearest collection point (details of which will be included in the email from Customer Service).

If your goods are received as faulty or damaged once opened, please contact our Customer Care Team within 48 hours of receiving your order. We may require images and/or videos of any damage for our records and may need to collect the product(s) for testing before a replacement or refund is issued.

If you require a new returns label, please contact our Customer Care Team via https://us.neomorganics.com/pages/contact-us and a new label can be sent to you via email. 

Once your return has been received and processed, we will notify you via email and will refund the price paid for the products within 14 working days from the date these are received. Funds will be refunded onto the original payment card. Please note, 14 working days excludes weekends and UK Public/ Bank Holidays. 

Products purchased as a set can only be returned as a complete set, not as individual items.

If a promotional gift has been included in your order, and a return is made reducing your qualifying total for this gift, the full order must be returned. 

When returning goods which you bought using a discount or offer, we will adjust the refund accordingly if you fall below the discount/offer threshold, as that discount or offer will no longer apply.

Please note that if you made your purchase through a retail location other than us.neomorganics.com , please return to the original place of purchase. Any return will need to be made in accordance with the returns/cancellation policy of the relevant retailer and should not be returned directly to us.

11. Re-sale Of Our Products

Please note that all products which are made available on our website are for your personal use only and you may not sell or re-sell any of the products to anyone, including making them available for sale on any third party website. We reserve the right to cancel any orders to you where we believe that you are intending to re-sell our products.

14. Our Liability

YOUR SOLE AND EXCLUSIVE REMEDY, AND NEOM’S SOLE AND EXCLUSIVE LIABILITY, IN CONNECTION WITH ANY PRODUCT YOU ORDER OR PURCHASE VIA THIS WEBSITE SHALL BE YOUR RIGHT TO RETURN THE PRODUCT AND RECEIVE A REFUND UNDER OUR RETURNS POLICY AS SET FORTH HEREIN. IN NO EVENT SHALL NEOM BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF NEOM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THIS WEBSITE EXCEED THE PURCHASE PRICE OF THE PRODUCT. SOME JURISDICTIONS MAY NOT ALLOW THE ABOVE EXCLUSIONS OR LIMITATIONS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU OR THEIR APPLICATION MAY OTHERWISE BE LIMITED AS REQUIRED BY APPLICABLE LAW.

15. Third Party Links

We will not be responsible or liable for your use of any other websites which may be accessed via links within this website. We do not control these websites and are not responsible for their content. Any such links are provided merely as a service to users and their inclusion does not constitute an endorsement by or affiliation with us.

16. Legal Statement and Intellectual Property

NEOM Ltd, a UK company, is the registered owner of NEOM, the NEON logo and certain trade-marks used by us in the course of our business. 

www.neomorganics.com and other web addresses are registered domain names of NEON Ltd. Our North American office is located at NEON Inc. 11 South 12^th Street, Richmond, VA 23219.

The contents of this website (including pictures, designs, themes, logos, photographs, text, software and all other materials) (the "Materials") are owned by NEOM Ltd or its third-party licensors. You may not copy, reproduce, download, post, record, transmit, commercially exploit, edit or distribute the Materials in any way without our prior written permission. All use of the Materials is on the basis that you are using this website in good faith for domestic purposes or for the purposes of placing an order with us. 

17. New User Discount

One use per customer. Cannot be redeemed for cash.

Discount can only be applied to products; this promotion cannot be applied to shipping. Offer only valid on full-priced items. Bundles, Duo's, Collections, Starter Packs & Sale items, plus any other items already discounted are excluded. Not available in conjunction with any other offer. Offer available exclusively online at us.neomorganics.com. 

Subject to availability while stocks last.

18. Promotions

Free Cosy Nights Travel Candle and Cosy Nights Essential Oil Blend on Orders Over $100

Free Cosy Nights Duo Bundle (worth $43.50) on orders over $100. Offer valid from Monday 16th October until Tuesday 31st October at midnight, or whilst stocks last. Apply code COSY at the basket page. Postage and bundle do not count towards basket total. Only one code can be used per offer. Not available in conjunction with any other offer. Free standard shipping on baskets over $55 automatically applied at checkout. Offer available exclusively online at https://us.neomorganics.com/ and in free standing Neom Organics Stores. Subject to availability while stocks last. Complimentary gift cannot be exchanged for another product/credit, any attempt to refund/exchange the item will be refused. Orders must be returned to their original place of purchase either to a NEOM store or online. If a promotional gift has been included in your order, and a return is made reducing your qualifying total for this gift, the full order must be returned. When returning goods which you bought using a discount or offer, we will adjust the refund accordingly if you fall below the discount/offer threshold, as that discount or offer will no longer apply. No price adjustments or partial reimbursements will be made on previous purchases. NEOM Organics reserves the right to change the offer at any time

20% Off When You Buy 3 Items Or More Via The Gift Builder
Offer of 20% off when you purchase 3 or more products via the Gift Builder. Discount automatically applied. Cannot be redeemed for cash. Discount only applies to products; this promotion does not apply to shipping. Offer only valid on full-priced items. Bundles, Duo’s, Collections, Starter Packs & Sale Items, plus any other items already discounted are excluded. Free standard shipping on baskets over $55 automatically applied at checkout. Orders must be returned to their original place of purchase. When returning goods which you bought using a discount or offer, we will adjust the refund accordingly if you fall below the discount/offer threshold, as that discount or offer will no longer apply. No price adjustments or partial reimbursements will be made on previous purchases. Offer available exclusively online at https://us.neomorganics.com/. Subject to availability while stocks last. NEOM Organics reserves the right to change the offer at any time.

$15 off you next order when you spend $75
One use per customer. Cannot be redeemed for cash. Discount can only be applied to products; this promotion cannot be applied to postage. Offer only valid on full-priced items. Bundles, duo's, Collections, Starter Packs & Sale items, plus any other items already discounted are excluded. Not available in conjunction with any other offer. Offer available exclusively online at neomorganics.com. Subject to availability while stocks last.

3 for 2 on Essential Oil Blends
Add three essential oil blends to your basket and enter the code FREEOIL at checkout to receive the cheapest for free.Excludes pre-discounted oil blends. Discount is not transferable and cannot be redeemed for cash. No other products outside of single Essential Oil Blends are included in this offer. Offer of free shipping automatically applied in the basket. Subject to availability, while stocks last. Offer available exclusively at online at us.neomorganics.com. NEOM reserve the right to change this offer at any time.

19. ELECTRONIC COMMUNICATIONS

When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

20. General

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if there is a likelihood that a breach of contract may occur.

This contract is between you as the customer and NEOM Inc. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract and we do not need to get the agreement of any other person or you to make any changes to these Terms.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do something that these Terms require you to do, or if we delay in taking steps in respect of a breach of any contract, this will not prevent us from taking steps at a later date. 

While NEOM uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and NEOM will not be responsible for any errors or omissions or for the results arising from the use of such information.

21. GOVERNING LAW AND JURISDICTION; DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVERS

Governing Law and Jurisdiction

Except for disputes subject to arbitration as described below, any disputes relating to any purchase by you on the Website of any products and these Terms will be governed by and construed in accordance with the laws of the United States and the State of New York. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts in the Southern District of New York.

Except that, to the extent you have in any manner violated or threatened to violate our (including other group companies) intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you agree to exclusive jurisdiction and venue in such courts. 

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

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

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

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by contacting our Customer Care team (open 8am - 7pm Monday to Friday, 9am - 5.30pm Saturday and 10am - 5pm on Sunday) via the following link: https://us.neomorganics.com/pages/contact-us and providing the following information: (1)Your name, (2) Your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by contacting our Customer Care team (open 8am - 7pm Monday to Friday, 9am - 5.30pm Saturday and 10am - 5pm on Sunday) via the following link: https://us.neomorganics.com/pages/contact-us and providing the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

Arbitration Procedures

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

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

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

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

Location of Arbitration – You or we may initiate arbitration in either New York or the federal judicial district that includes your billing address. Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

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

Jury Waiver

You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g. the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

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