This website is operated by Eden Clair, Inc., a Wyoming corporation, (hereinafter, “Eden Clair,” “We,” or “Us”). These terms of service (the “Terms”) govern your access to the Eden Clair website EdenClair.com and any other services owned, controlled, or offered by Eden Clair, now or in the future (all collectively referred to as, the "Services"). The term “You” or “Customer” shall refer to any individual that views, uses, accesses, browses the Services or purchases any products through the Services. 

The Services are offered to you conditioned on your acceptance without modification of Terms contained herein. Certain features, services or tools of the Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. Your use of the Services constitutes your agreement to all such Terms. Please read these terms carefully.

THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. THE TERMS INCLUDE AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH THESE TERMS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.

1. USE OF THE SERVICES

Subject to your compliance with its obligations under these Terms, You may access and use the Services. We may modify, suspend, or discontinue the Services at any time. We use commercially reasonable efforts to maintain their availability but do not guarantee uninterrupted access. To the extent permitted by applicable law, We are not responsible for unavailability resulting from maintenance, circumstances beyond Our reasonable control, or Your violation of these Terms. Your use of the Services is subject to Our Privacy Policy, which describes Our practices regarding the collection, use, and disclosure of personal information. Please review Our Privacy Policy before using the Services. You must be eighteen (18) years or over in order to use the Services. 

If You create an account through the Services, You must provide accurate and complete information and keep it current. You are responsible for maintaining the confidentiality of Your login credentials and for activity conducted through Your account by You or anyone You authorize to use it. You must notify Us promptly at hello@edenclair.com if You become aware of unauthorized access to or use of Your account. You may not use another person’s account without permission or create an account using false information or another person’s identity. We may suspend or terminate Your account if You violate these Terms or if reasonably necessary to address suspected fraud, unauthorized access, or security concerns.

2. PRODUCT AVAILABILITY; DESCRIPTIONS; MATERIALS AND CARE

(a) Product Availability. Eden Clair offers fashion jewelry and related products through the Services. Our product selection changes frequently, and new products may be released through the Services, social media, influencers, content creators, affiliates, or other promotional channels. All products are subject to availability. The display of a product through the Services or any promotional channel does not guarantee that the product is or will remain available. We reserve the right, at any time and without notice, to limit quantities, discontinue products, modify products, or otherwise change our product offerings. If We cancel an order after payment has been received, We will refund the amount paid for the canceled portion of the order.

(b) Product Descriptions. We make reasonable efforts to accurately display and describe our products. However, photographs, colors, finishes, measurements, dimensions, weights, stones, plating, and other product characteristics may vary from their appearance through the Services as a result of lighting, photography, screen settings, manufacturing processes, and other factors. Certain Eden Clair products may be custom or individually produced. Accordingly, minor differences may occur between individual products or between a product and the photographs or descriptions displayed through the Services. Such minor variations do not constitute defects. All measurements, dimensions, and weights are approximate unless expressly stated otherwise. Products may be promoted through social media, influencers, affiliates, and other third parties. Product information and promotions may change; please review the information displayed through the Services before placing an order. Unless expressly authorized by Eden Clair in writing, third-party statements do not create additional warranties or modify these Terms.

(c) Materials and Care. Certain Eden Clair jewelry may be gold-plated or contain other plated, coated, finished, or fashion-jewelry materials. Plating and finishes naturally wear over time and may fade, tarnish, discolor, wear away, or otherwise change in appearance. The timing and extent of these changes may vary depending on frequency of wear, individual body chemistry, storage, care, and exposure to water, sweat, moisture, oils, lotions, perfumes, cosmetics, cleaning products, chemicals, and other substances. Gold-plated and other jewelry may also cause temporary discoloration or leave marks on skin or clothing. Individual reactions to metals, plating, finishes, and other materials may vary. Normal wear, fading, tarnishing, discoloration, deterioration of plating, or changes to a product's finish are not considered defects and do not provide a basis for a return, exchange, refund, or replacement, except as otherwise required by applicable law. You are responsible for following any jewelry care instructions provided by Eden Clair. To the extent permitted by applicable law, Eden Clair is not responsible for marks or discoloration on skin or clothing resulting from the use or wear of our jewelry.

3. ORDERS; PAYMENT; SHIPPING; FINAL SALE

(a) Orders. By submitting an order, You offer to purchase the products identified in the order at the prices and on the terms displayed at checkout. You are responsible for reviewing all product descriptions, photographs, measurements, materials, colors, quantities, prices, shipping addresses, billing information, and other order details before submitting Your order. An order confirmation acknowledges receipt of Your order and does not constitute acceptance. We accept Your order when We send You a shipment confirmation, and acceptance applies only to the products identified in that confirmation. We reserve the right to refuse, limit, or cancel any order in Our reasonable discretion, including where a product is unavailable, We suspect fraud or unauthorized activity, or We are otherwise unable to process or fulfill the order. Information displayed through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, or delivery estimates. We reserve the right to correct such information and, to the extent permitted by applicable law, cancel orders affected by an error, inaccuracy, or omission, including after an order has been submitted or confirmed. We will not increase the price of a submitted order without Your consent. If We cancel an order after payment has been received, We will notify You and refund the amount paid for the canceled portion of the order.

(b) Pricing, Payments and Promotions. Prices are subject to change without notice. You agree to pay all charges associated with your order, including the applicable purchase price, taxes, shipping charges, and other amounts displayed at checkout. Payments may be processed through third-party payment processors, and Your use of those services may be subject to additional terms imposed by the applicable payment processor. Promotional codes, discounts, and other special offers may be subject to expiration dates, product restrictions, minimum purchases, availability, or additional terms. Unless otherwise stated, promotional offers may not be combined. We reserve the right to modify, suspend, cancel, or refuse a promotion or promotional code where permitted by applicable law, including in the event of error, misuse, fraud, or unauthorized distribution.

(c) Shipping and Delivery. Shipping charges and available shipping methods will be displayed at checkout where applicable. Any shipping or delivery date provided through the Services is an estimate only and is not guaranteed. Eden Clair is not responsible for delays caused by shipping carriers, customs authorities, weather conditions, service interruptions, incorrect or incomplete shipping information provided by You, or other circumstances outside Our reasonable control. You are responsible for providing complete and accurate shipping information when placing an order and may be responsible for additional costs resulting from incorrect or incomplete shipping information provided by You. For international orders, You are responsible for customs duties, import taxes, brokerage fees, and similar charges imposed by the destination country or other applicable authorities unless expressly stated otherwise at checkout. To the extent permitted by applicable law, risk of loss for products purchased from Eden Clair passes to You upon delivery of the products to the shipping address provided with Your order. Eden Clair is not responsible for loss or theft occurring after confirmed delivery to the shipping address provided by You.

(d) Final Sale; Returns, Exchanges and Cancellations. ALL SALES ARE FINAL.  Eden Clair does not accept returns or exchanges and does not provide refunds or permit customer-requested cancellations after an order has been placed, except as required by applicable law or expressly provided in these Terms. If You receive an incorrect product or a product that was damaged before or during delivery, please contact Us promptly at hello@edenclair.com and provide Your order information and photographs showing the issue. We will review the matter and determine the available remedy, if any, subject to applicable law. Nothing in this Section limits any right or remedy that cannot be waived under applicable law.

4. PROHIBITED USES

Use of the Services is limited to the permitted uses expressly authorized by us. Any violation of these Terms may result in the suspension or termination of your access to the Services.  The Services shall not be used to:

(a) Harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, including rights of privacy, publicity, or intellectual property;

(b) Engage in unlawful, fraudulent, or deceptive activities, or encourage unlawful activity;

(c) Misrepresent the source, identity, or content of information transmitted through the Services;

(d) Access or attempt to access non-public portions of the Services, accounts, systems, or networks without authorization, including through hacking or password mining;

(e) Use bots, spiders, crawlers, scrapers, or other automated means to access the Services without Our express written permission;

(f) Introduce or attempt to introduce viruses, malicious code, or other harmful files or programs; probe, scan, or test system vulnerabilities; or damage, disable, overburden, impair, or otherwise interfere with the Services or related systems or networks;

(g) Modify the Services without Our express written permission; or

(h) Otherwise violate these Terms or any applicable law.

5. INTELLECTUAL PROPERTY RIGHTS

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. All content included as part of the Services, such as text, graphics, videos, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of Eden Clair or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. Our content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Eden Clair and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Eden Clair or our licensors except as expressly authorized by these Terms. 

You agree that the consequences of commercial use or re-publication of content or information from the Services may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that We will be entitled to temporary and permanent injunctive relief to prohibit such use. 

6. DMCA NOTICE AND TAKEDOWN POLICY

Eden Clair respects intellectual property rights and expects its users to do the same. If you are a copyright owner or an agent thereof, and you believe that any content hosted on any of the Services infringes Your copyrights, then you may submit a notification by providing Eden Clair’ Designated Copyright Agent with the following information in writing:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the applicable Services are covered by a single notification, a representative list of such works on the applicable Services;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Eden Clair to locate the material; Information reasonably sufficient to permit Eden Clair to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(d) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and 

(e) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content."). 

Eden Clair’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

Eden Clair, Inc.

269 S. Beverly Drive, Suite 142

Beverly Hills, CA 90212

hello@edenclair.com

Attention: Copyright Claims

 For clarity, only notices under this section should go to the Eden Clair Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

7. CUSTOMER REVIEWS AND USER CONTENT

You may submit reviews, comments, photographs, videos, or other content through the Services (“User Content”). You retain ownership of Your User Content. By submitting User Content, You grant Eden Clair a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, distribute, and adapt that content in connection with the Services and the marketing of Our products, including through Our website, social media, and promotional materials. This license includes permission to use the name or username You provide with Your submission and to permit Our service providers to exercise these rights on Our behalf.

You represent that You own or have all rights and permissions necessary to submit Your User Content and grant this license, including permission from any identifiable individuals depicted in it. Your User Content must reflect Your honest opinions and actual experiences, disclose any compensation or other incentive received in connection with a review, and comply with these Terms. You may not submit content that is unlawful, fraudulent, misleading, defamatory, threatening, infringing, or that contains unauthorized advertising, spam, or another person’s private information.

We may review, decline to publish, or remove User Content that violates these Terms, is unrelated to the applicable product, or contains personal information, but We have no obligation to monitor all submissions. We will not remove or suppress a review solely because it expresses a negative opinion or provides a low rating. User Content reflects the views of its author and does not necessarily reflect the views of Eden Clair.

8. FEEDBACK

You can submit questions, comments, suggestions, ideas, original or creative materials or other information about Eden Clair or the Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Eden Clair. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. LINKS TO THIRD PARTY WEBSITES/THIRD-PARTY SERVICES

The Services may contain links to other brands or services ("Linked Website"). The Linked Websites are not under our control, and We are not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Website, products or merchandise sold through the Services, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the services or any association with its operators. Certain services made available through the Services are delivered by third parties and organizations and these Terms do not apply to any Linked Website. By using any product, service or functionality originating from the Services, you hereby acknowledge and consent that We may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service, or functionality on behalf of Eden Clair and customers.

To the fullest extent permitted by applicable law, you hereby release and forever discharge Us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (Including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (a) any interactions with, or act or omission of, or user content provided by, other Users of the Services or (b) any third-party site, products, services, and links Included on or accessed through the Eden Clair Services. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." resolving any disputes.

10. TERMINATION OR SUSPENSION OF SERVICES

 Eden Clair reserves the right to refuse, limit, or cancel an order or suspend access to any user, for any reason or no reason, and without any notice. Eden Clair may suspend your use of the Eden Clair Services or any portion thereof if Eden Clair believes that you have breached these Terms, or for any other reason, at its sole discretion. You agree that any termination of your access to the Eden Clair Services may be without prior notice, and you agree that Eden Clair will not be liable to you or any third party for any such termination. Where needed, we reserve the right to alert local law enforcement authorities about suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services.

11. ERRORS, INACCURACIES AND OMISSIONS

 Occasionally there may be information on the Services that may contain typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information in the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Services, except as required by law. No specified update or refresh date applied in the Services, should be taken to indicate that all information in the Services has been modified or updated. 

WE DO NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE SERVICES OR ANY CONTENT, INFORMATION OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.

12. ELECTRONIC COMMUNICATIONS; TEXT MESSAGES

 Using the Services or sending emails to us constitutes electronic communications. If you provide Us with your email address to our contact form, you consent to receive electronic communications from Us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing. 

 We may also contact you via SMS text message to verify your account, when you update your password and to provide order, account, promotional, and service updates. By checking the box on our website, you acknowledge and agree that you are subscribing to Eden Clair’s mobile alerts and agree to receive recurring messages via automated system. Consent to texts at number provided not required to buy goods or services. Message and data rates may apply.

You may receive, at your cost, electronic communications related to the Services, including without limitation, administrative messages, service announcements, and Service updates, from Us. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Services. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Services, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the Services.

If you wish to opt-out of text messages, text STOP to the number from which you receive the Eden Clair messages.  If you opt out, we intend to confirm you unsubscribed with a follow up text. 

13. INDEMNIFICATION

 With the exception of EDEN CLAIR’S gross negligence and willful misconduct, You agree to indemnify, defend and hold harmless EDEN CLAIR, its officers, directors, SHAREHOLDERS, employees, agents, REPRESENTATIVES, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of, or inability to use, the SERVICES, your violation of these Terms or your violation of any rights of a third party, or your violation of any APPLICABLE laws, rules or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.   

14. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED IN WRITING BY EDEN CLAIR OR AS REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EDEN CLAIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EDEN CLAIR DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS, PHOTOGRAPHS, COLORS, FINISHES, MEASUREMENTS, DIMENSIONS, WEIGHTS, STONES, PLATING, OR OTHER PRODUCT CHARACTERISTICS WILL BE FREE FROM MINOR VARIATIONS, SUBJECT TO THE PRODUCT-SPECIFIC TERMS SET FORTH IN THESE TERMS.

No advice or information, whether oral or written, obtained from Eden Clair, its affiliates, or its service providers or through the Services or content, will create any warranty not expressly made herein. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

15. LIMITATION OF LIABILITY 

 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDEN CLAIR OR ANY OF ITS OWNERS, EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, AND SUBSIDIARIES (“RELEASEES”) BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. NEITHER EDEN CLAIR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

In no event will Eden Clair’s or its subsidiaries or insurers aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of (i) the amount you paid to Eden Clair for the product or order giving rise to the claim or (ii) US $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EDEN CLAIR AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

16. INFORMAL DISPUTE RESOLUTION

 You and Eden Clair agree that any dispute that has arisen or may arise between Us relating in any way to Your use of or access to the Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to Eden Clair in any way (collectively, "Covered Dispute Matters") will be resolved in accordance with the provisions set forth in this Section. 

If You have any dispute with Us, you and Eden Clair agree that before taking any formal action, contact us at hello@edenclair.com provide a brief, written description of the dispute and your contact information (including your email address) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with you.

17. MANDATORY ARBITRATION 

 By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against EDEN CLAIR on an individual basis in arbitration, as set forth in this SECTION. This will preclude you from bringing any class, collective, or representative action against EDEN CLAIR, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against EDEN CLAIR by someone else.

(a) Arbitration Procedure.  You and Eden Clair agree that any dispute, claim or controversy arising out of or relating to :(i) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms will be settled by binding arbitration between you and Eden Clair, and not in a court of law. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of California. The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This Arbitration Agreement shall survive the termination of these Terms.

(b) Exceptions to Our Agreement to Arbitrate Disputes. There are only two exceptions to this Agreement to arbitrate: (i) if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief without bond in any court of competent jurisdiction or (ii) each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.

(c) Small Claims. Notwithstanding anything set forth in this Arbitration Section, Eden Clair may bring against You any disputes, claims, or controversies, which arise out of or relate to these Terms with Ten Thousand Dollars ($10,000) or less in controversy in small claims court, and such claim shall be adjudicated in the Superior Court of California, County of Los Angeles, according to California law.

(d) Who Bears the Costs of Arbitration?  You and Eden Clair agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules unless otherwise stated in this Agreement to arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, you agree that Eden Clair is relieved of its obligation to reimburse you for any fees associated with the arbitration.

(e) Future Amendments to the Agreement to Arbitrate.  Notwithstanding any provision in this Agreement to the contrary, You and We agree that if We make any amendment to this Agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Eden Clair prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the Agreement to arbitrate that have arisen or may arise between you and Eden Clair If you do not agree to these amended terms, you shall not access or use the Services, and the revised terms will not bind you. 

(f) Judicial Forum for Legal Disputes.  If the Agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to arbitrate, as a result of a decision by the arbitrator or court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and Eden Clair must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and Eden Clair agree to submit to the exclusive personal jurisdiction of the courts situated in Los Angeles County, California, for the purpose of litigating all such claims or disputes.

(g) Arbitration Opt-Out Procedure.  If you are a new user, you can choose to reject the agreement to arbitrate provision by emailing us an opt-out notice to hello@edenclair.com (“Opt-Out Notice"). The Opt-Out Notice must be received no later than thirty (30) days after the date you accept the terms of this Agreement for the first time. If you are not a new user, you have until thirty (30) days after the posting of the new terms to submit an arbitration opt-out notice. To opt out, email Your name, mailing address, and the email address associated with Your use of the Services to hello@edenclair.com within the applicable period stated above. Your notice must expressly state that You wish to opt out of the arbitration agreement. No approval from Eden Clair is required. If You timely opt out, the arbitration agreement will not apply to You, and all other provisions of these Terms will remain in effect. Opting out does not affect any separate arbitration agreement between You and Eden Clair.

(h) Statute of limitations for your claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site, services, or this agreement must be filed within one (1) year after such claim or cause of action arises, or it will be forever barred.

(i) Applicable Law. You and We agree that United States federal law, including the Federal Arbitration Act, and (to the extent not Inconsistent with or pre-empted by federal law) the laws of the State of California, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of Your residence or the location of where You use the Services.

18. CLASS ACTION WAIVER

 Any arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. 

19. CHANGES TO TERMS

 We reserve the right, in our sole discretion, to change the Terms under which the Services is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Services after expiry of the notice period or accepting the amended Terms (as We may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms. 

20. FORCE MAJEURE

 We shall be excused from performance under these Terms of Use, to the extent We are prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Eden Clair.

21. NOTICE TO CALIFORNIA RESIDENTS 

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

22. MISCELLANEOUS

 Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. The Services are controlled and operated from within the United States. Without limiting anything else, we make no representation that the Services, information or other materials available on, in, or through the Services are applicable or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Services from other locations do so on their own volition and are responsible for compliance with applicable laws. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. The waiver or failure of Eden Clair to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

23. CONTACT INFORMATION

Questions regarding these Terms may be directed to:

Eden Clair, Inc.
269 S. Beverly Drive, Suite 142
Beverly Hills, CA 90212

hello@edenclair.com