Terms of Service

Last Updated: June 21, 2026

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("you," "your," "User," "Customer") and Ivory & Tide, a brand owned and operated by POPULAR TEEZ LLC, a limited liability company ("Ivory & Tide," "Company," "we," "us," "our"). By accessing, browsing, or using the website located at ivoryandtide.com (the "Site"), placing an order, checking the agreement box, clicking "Place Order," or otherwise using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the mandatory arbitration provision and class action waiver in Section 15, and our Privacy Policy, which is incorporated herein by reference.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SITE AND NOT PLACE ANY ORDERS.

1.1 Modifications to Terms

We reserve the right to modify these Terms at any time, in our sole discretion, by posting the revised Terms on the Site with an updated "Last Updated" date. It is your responsibility to review these Terms periodically for changes. For material changes — including changes to the dispute resolution provisions in Section 15, the limitation of liability in Section 14, or the warranty provisions in Section 8 — we will provide at least thirty (30) days' notice before such changes take effect by posting a notice on the Site or by email to the address associated with your account. Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must discontinue use of the Site.

1.2 Electronic Agreement

By accessing or using the Site, clicking any "I Agree," "I Accept," "Place Order," or similar button, or checking any acceptance box, you are signing these Terms electronically and creating a legally binding contract. You acknowledge and agree that your electronic acceptance has the same legal force and effect as a handwritten signature under the Electronic Signatures in Global and National Commerce Act ("E-SIGN Act"), the Uniform Electronic Transactions Act ("UETA"), and any applicable state law governing electronic signatures.

2. ELIGIBILITY

You must be at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, to access or use the Site or place orders. By using the Site, you represent and warrant that you meet this eligibility requirement. If you are accessing the Site on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. PRODUCTS AND ORDERS

3.1 Product Descriptions

We attempt to be as accurate as possible in our product descriptions and images. However, we do not warrant that product descriptions, images, colors, or other content on the Site are accurate, complete, reliable, current, or error-free. Product images are for illustrative purposes only and may not exactly replicate the appearance of the actual product. Personalized and custom products may vary due to the nature of the materials and customization processes.

3.2 Order Acceptance

Your placement of an order constitutes an offer to purchase. We reserve the right to accept or reject any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity. An order confirmation email does not constitute acceptance of your order; acceptance occurs only when the product is shipped.

3.3 Personalized Products

Due to the custom nature of personalized products, all sales of personalized items are final unless the item is defective or materially different from what was ordered. Customization errors caused by information you provide, such as misspellings or incorrect dates, are not eligible for return or exchange.

3.4 Resale Prohibition

Products sold on the Site are intended for personal use only. You may not resell, commercially distribute, or offer for resale any products purchased from the Site without the prior written consent of Ivory & Tide. We reserve the right to cancel orders and refuse service to any person or entity we reasonably suspect is purchasing products for unauthorized resale. The limited warranty described in Section 8 does not apply to items obtained through unauthorized resale channels.

3.5 Automated Purchasing Restrictions

You may not use any automated means — including bots, scripts, spiders, crawlers, or any other automated device, program, algorithm, or technology — to access, monitor, copy, scrape, or place orders on the Site. We reserve the right to cancel any orders placed using automated means without notice and to ban any accounts associated with such activity.

3.6 AI-Generated and AI-Enhanced Content

Ivory & Tide uses a combination of traditional photography and artificial intelligence tools in the creation of product images, marketing materials, and other visual content displayed on the Site and in our advertisements. Specifically:

• (a) Product images. Product images displayed on the Site may be created, enhanced, or modified using AI-powered tools, including but not limited to background generation or removal, lighting and color adjustment, composition, image upscaling, and other digital editing techniques. These enhancements are intended to present our products accurately and attractively but may result in minor visual differences between the image and the actual product. See Section 3.1 for additional product description disclaimers.
• (b) Model and human imagery. Some images on the Site or in our advertising may depict AI-generated or AI-enhanced representations of human models, including partial depictions such as hands, wrists, necklines, or other body parts, used to showcase how products appear when worn. These images may be wholly AI-generated, composited from multiple sources, or digitally altered from original photography. Such imagery may constitute a "synthetic performer" as defined under applicable law.
• (c) Disclosure. Where required by applicable law — including New York General Business Law Article 22-A, effective June 2026, and any similar federal, state, or local laws enacted thereafter — Ivory & Tide will conspicuously disclose the use of AI-generated synthetic performers in advertising content. The absence of a specific disclosure on any particular image does not constitute a representation that the image was created without the use of AI tools.
• (d) No reliance. You acknowledge that visual content on the Site — whether created through traditional photography, AI generation, AI enhancement, or a combination thereof — is provided for illustrative and promotional purposes only. You agree not to rely on any visual content as an exact representation of product appearance, scale, color, or material composition. To the fullest extent permitted by applicable law, Ivory & Tide disclaims all liability arising from visual differences between AI-generated or AI-enhanced imagery and actual products received.
• (e) Dispute resolution. Any disputes, claims, or controversies arising from or relating to our use of AI-generated or AI-enhanced content, including claims under state or federal AI disclosure laws, shall be subject to the mandatory arbitration, class action waiver, and dispute resolution provisions in Section 15 of these Terms.

4. PRICING, PAYMENT, AND VALUE REPRESENTATIONS

4.1 Pricing

All prices are listed in U.S. dollars and are subject to change without notice. The price in effect when you complete your purchase is the price you pay. We reserve the right to correct pricing errors at any time and to cancel orders placed at incorrect prices, even after an order confirmation has been sent.

4.2 Direct-to-Consumer Model

Ivory & Tide operates as a direct-to-consumer brand, which eliminates traditional retail intermediaries and their associated markups. This business model allows us to offer products at prices that may be lower than those charged by traditional jewelry retailers for comparable items.

4.3 Comparison Pricing

To the extent any comparison prices, "retail value" estimates, "compare at" prices, discount claims, or similar value representations appear on the Site, such representations are our good-faith estimates of what comparable products might cost through traditional retail channels, based on our market research of similar jewelry products. These comparison prices:

• Are not our former selling prices for the same product;
• Are not manufacturer's suggested retail prices;
• Are not guaranteed prevailing prices at any specific retailer;
• May not reflect actual current prices at any specific retailer at any particular time;
• Are estimates based on our assessment of the traditional retail jewelry market and are inherently approximate; and
• Are provided solely for general reference purposes.

Pricing methodologies and comparison bases may vary across products and are subject to change without notice. Ivory & Tide expressly disclaims any liability arising from reliance on pricing representations, comparison pricing, or value claims.

4.4 No Price Matching or Adjustments

We do not offer price matching with other retailers, price matching with our own prior pricing, post-purchase price adjustments, retroactive credits, or credits or refunds based on subsequent promotional offers.

4.5 Taxes and Fees

Applicable sales tax, use tax, or other governmental charges will be added to your order as required by law. Shipping fees, if any, will be disclosed prior to checkout.

4.6 Dispute Resolution for Pricing Claims

ANY DISPUTES, CLAIMS, OR CONTROVERSIES ARISING FROM OR RELATING TO OUR PRICING, COMPARISON PRICES, VALUE REPRESENTATIONS, ADVERTISING CLAIMS, SAVINGS CLAIMS, OR PROMOTIONAL REPRESENTATIONS SHALL BE SUBJECT TO THE MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND DISPUTE RESOLUTION PROVISIONS IN SECTION 15 OF THESE TERMS. Claims relating to pricing must be filed within one (1) year of purchase, even if your jurisdiction's statute of limitations would otherwise allow a longer period, except where such limitation is prohibited by the mandatory laws of your jurisdiction. This provision is subject to and consistent with the general limitations period set forth in Section 18.

5. PRODUCT MATERIALS AND COMPOSITION

5.1 Material Representations

Product descriptions may reference materials such as gold, silver, rose gold, stainless steel, gemstones, cubic zirconia, and other materials. These descriptions reflect the materials as represented by our suppliers and manufacturing partners. We make commercially reasonable efforts to verify material composition but cannot independently assay or certify every individual product.

5.2 Material Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACTUAL MATERIAL COMPOSITION, PURITY, OR QUALITY MAY DIFFER FROM MARKETING MATERIALS. We disclaim all liability for discrepancies in metal purity, stone authenticity, gemstone treatments, material origin, hypoallergenic properties, or other specifications. We are not liable for damages arising from material issues, including but not limited to allergic reactions, skin irritation, diminished value, or emotional distress.

5.3 Allergies and Sensitivities

Jewelry may contain metals, coatings, or materials that can cause allergic reactions or skin sensitivities in some individuals. It is your responsibility to review product materials before purchasing. We are not liable for allergic reactions or skin irritation resulting from the use of our products.

6. SHIPPING AND DELIVERY

Estimated delivery times are provided for informational purposes only and are not guaranteed. We are not liable for delays caused by carriers, customs, weather, or other events beyond our reasonable control. Risk of loss and title for products purchased on the Site pass to you upon delivery to the carrier.

7. RETURNS AND REFUNDS

Returns and refunds are governed by our Return Policy, which is incorporated herein by reference and available on the Site. Personalized items are subject to the limitations described in Section 3.3.

8. PRODUCT QUALITY AND LIMITED WARRANTY

8.1 Product Quality Commitment

Ivory & Tide is committed to providing quality jewelry and a positive customer experience. We stand behind the products we offer and will work with customers to address verified manufacturing defects that occur under normal use conditions.

8.2 Limited Warranty Coverage

Our limited warranty covers manufacturing defects in materials or workmanship that are reported within a reasonable period after delivery.

Examples of covered issues may include:

• Broken clasps caused by manufacturing defects
• Defective chain links
• Missing stones resulting from manufacturing defects upon receipt
• Incorrect items received
• Products arriving damaged during transit

8.3 Warranty Exclusions

This limited warranty does not cover:

• Normal wear and tear
• Tarnishing, fading, scratching, or discoloration caused by use
• Damage caused by water, chemicals, perfumes, lotions, cleaning products, or improper storage
• Accidental damage, misuse, abuse, or neglect
• Lost or stolen items
• Unauthorized modifications, repairs, or alterations
• Cosmetic changes that do not affect functionality

8.4 Warranty Claims

If you believe your item contains a manufacturing defect, please contact us at support@ivoryandtide.com with your order number and photographs of the issue.

We reserve the right to evaluate warranty claims on a case-by-case basis and may request additional information before approving a claim.

8.5 Sole Remedy

To the fullest extent permitted by law, Ivory & Tide's sole obligation under this limited warranty shall be, at our sole discretion:

• Replacement of the product
• Store credit
• A refund where appropriate

Cash refunds are not guaranteed under warranty claims and may be provided solely at Ivory & Tide's discretion.

8.6 Disclaimer of Additional Warranties

Except as expressly stated herein, all products are provided on an "as is" and "as available" basis to the fullest extent permitted by law.

Ivory & Tide disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, except where such disclaimers are prohibited by applicable law.

8.7 Jurisdictional Savings Clause

Some jurisdictions do not allow the exclusion or limitation of certain warranties. In such jurisdictions, the limitations contained in this section shall apply only to the maximum extent permitted by law.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Ownership

All content on the Site — including but not limited to text, graphics, logos, trademarks, service marks, trade names, images, photographs, product designs, illustrations, audio, video, software, code, data compilations, page layout, underlying source code, and software — is the exclusive property of Ivory & Tide, POPULAR TEEZ LLC, or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for personal, non-commercial purposes, including browsing and placing orders. This license does not include any right to modify, reproduce, distribute, display, perform, publish, license, create derivative works from, or sell any content from the Site; use any data mining, robots, spiders, scrapers, or similar automated data gathering or extraction methods on the Site; download any portion of the Site other than page caching; or use the Site or its contents other than for their intended purposes.

9.3 Trademarks

"Ivory & Tide," the Ivory & Tide logo, and all related names, logos, product and service names, designs, and slogans are trademarks of POPULAR TEEZ LLC or its affiliates. You may not use such marks without our prior written permission.

9.4 DMCA Compliance

We respect the intellectual property rights of others. If you believe that any content on the Site infringes your copyright, please send a notice complying with the Digital Millennium Copyright Act ("DMCA") to our designated copyright agent at support@ivoryandtide.com. Any DMCA notice must include a description of the copyrighted work claimed to have been infringed; identification of the allegedly infringing material; your contact information; a statement of good faith belief; a statement of accuracy under penalty of perjury; and the copyright owner's or authorized agent's signature.

10. USER SUBMISSIONS AND CONTENT

10.1 Responsibility

You are solely responsible for any content, reviews, comments, photos, or other materials you submit through the Site ("User Submissions"). By submitting content, you represent and warrant that your submissions do not violate any third-party rights, including intellectual property and privacy rights; do not contain unlawful, defamatory, obscene, or harmful material; do not contain viruses, malware, or other harmful code; and do not use false, misleading, or impersonated information.

10.2 License Grant

By submitting User Submissions, you grant Ivory & Tide a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, display, distribute, and create derivative works from your submissions in connection with the Site, our products, and our marketing activities.

11. PROHIBITED USES

You agree not to use the Site in any manner that:

• Violates any applicable federal, state, local, or international law or regulation;
• Infringes upon or violates the intellectual property rights or any other rights of any person or entity;
• Involves the transmission of unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of solicitation;
• Involves the introduction of viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
• Involves the use of any device, software, or routine that interferes with the proper working of the Site;
• Attacks the Site via a denial-of-service attack or distributed denial-of-service attack;
• Involves scraping, data mining, harvesting, screen scraping, or using any automated means to collect data from the Site without our express written consent;
• Attempts to impersonate or misrepresent your affiliation with Ivory & Tide or any other person or entity;
• Involves using the Site in any way that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
• Is fraudulent, deceptive, or misleading in any way; or
• Otherwise attempts to interfere with the proper working of the Site.

12. THIRD-PARTY LINKS AND CONTENT

The Site may contain links to third-party websites, resources, or services that are not owned or controlled by Ivory & Tide. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, practices, or availability of any third-party websites or resources. You acknowledge and agree that Ivory & Tide shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or resources.

13. ACCESSIBILITY

13.1 Commitment to Accessibility

Ivory & Tide is committed to ensuring digital accessibility for people with disabilities. We continually work to improve the user experience for everyone and apply relevant accessibility standards to the Site. Our full Accessibility Statement, including our current conformance status and known limitations, is available via the link in the Site footer.

13.2 Accessibility Standards and Auditing

We endeavor to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as published by the World Wide Web Consortium (W3C). To support this commitment, we periodically engage qualified third-party consultants to audit the Site's accessibility and implement recommended improvements. We maintain an ongoing accessibility improvement plan and regularly update the Site to address identified issues.

13.3 Feedback, Accommodation Requests, and Pre-Suit Notice Requirement

If you experience any difficulty accessing any part of the Site or require an accommodation, please contact us at support@ivoryandtide.com with "Accessibility" in the subject line, or by mail at the address provided in Section 20. We take accessibility concerns seriously and will make commercially reasonable efforts to respond to your request within fifteen (15) business days and to implement any necessary remediation within a reasonable timeframe. If you need assistance placing an order, we will work to provide the information or functionality you need through an alternative method.

IMPORTANT — PRE-SUIT NOTICE AND CURE REQUIREMENT: Before initiating any legal action, regulatory complaint, or demand related to the accessibility of the Site, you agree to provide Ivory & Tide with written notice identifying the specific accessibility barrier or barriers encountered, sent to support@ivoryandtide.com with "Accessibility" in the subject line, and to allow Ivory & Tide at least sixty (60) days from receipt of such notice to investigate and cure the identified barrier or barriers. Ivory & Tide's preferred method for resolving accessibility concerns is structured negotiation — a collaborative, non-adversarial dispute resolution process. If we are unable to resolve your concern through structured negotiation within the cure period, you may then pursue any available legal remedy, subject to the dispute resolution provisions in Section 15.

13.4 Third-Party Content

While we strive to adhere to accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the Site, particularly with respect to content or functionality provided or controlled by third parties, such as payment processors, social media widgets, or embedded content. We welcome your feedback regarding any accessibility issues you encounter.

14. LIMITATION OF LIABILITY

14.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IVORY & TIDE, POPULAR TEEZ LLC, OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, MANUFACTURERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF IVORY & TIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, the Site;
• Any products purchased through the Site;
• Any conduct or content of any third party on the Site;
• Any content obtained from the Site;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any errors, mistakes, or inaccuracies in the Site's content or product descriptions;
• Allergic reactions, skin irritation, or sensitivities to product materials;
• Discrepancies in product material composition, purity, or quality; or
• Any other matter relating to the Site or products.

14.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF IVORY & TIDE, POPULAR TEEZ LLC, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO IVORY & TIDE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

14.3 Basis of the Bargain

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IVORY & TIDE AND YOU. THE SITE AND PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

14.4 Applicability

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. IN SUCH JURISDICTIONS, IVORY & TIDE'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15. DISPUTE RESOLUTION — MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT ALSO CONTAINS A CLASS ACTION WAIVER.

15.1 Informal Resolution

Before initiating any arbitration or court proceeding, you agree to first contact Ivory & Tide at support@ivoryandtide.com and attempt to resolve the dispute informally for at least sixty (60) days. If the dispute is not resolved within sixty (60) days of such contact, either party may proceed as set forth below.

15.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any products purchased through the Site, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Wilmington, Delaware. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law.

15.3 Arbitration Procedures and Delegation

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this agreement is void or voidable. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. The arbitrator may award any relief that a court of competent jurisdiction could award, including injunctive relief.

15.4 Arbitration Fees, Costs, and Attorneys' Fees

For claims of $10,000 or less, Ivory & Tide will pay all AAA filing and arbitrator fees except the initial filing fee required by the AAA's Consumer Arbitration Rules. Each party shall bear its own attorneys' fees, unless the arbitrator determines otherwise. In any arbitration proceeding, the arbitrator shall have the authority to award reasonable attorneys' fees, expert witness fees, and costs to the prevailing party if the arbitrator determines that the non-prevailing party's claim or defense was frivolous, brought for an improper purpose, or not supported by a good-faith argument for the application, extension, modification, or reversal of existing law. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, the payment of all arbitration fees shall be governed by the AAA Rules.

15.5 Class Action Waiver

YOU AND IVORY & TIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and Ivory & Tide agree otherwise in writing, the arbitrator may not consolidate the claims of more than one person and may not otherwise preside over any form of a representative, class, or collective proceeding.

If the class action waiver set forth in this Section 15.5 is found to be unenforceable, then the entirety of this Section 15, other than this sentence, shall be null and void and the dispute shall proceed in court subject to Section 16.

15.6 Mass Arbitration Protocols

If twenty-five (25) or more similar claims are filed against Ivory & Tide within a sixty (60) day period, or if counsel for claimants files or threatens to file twenty-five (25) or more similar arbitration demands, this shall be considered a "Mass Arbitration." In such event, all claimants' counsel and Ivory & Tide shall cooperate to select ten (10) bellwether cases for initial arbitration; the remaining cases shall be stayed pending resolution of the bellwether cases; the parties shall engage in mediation of all remaining cases within thirty (30) days after the bellwether decisions; and if mediation is unsuccessful, the remaining cases shall proceed in batches of no more than twenty-five (25) at a time.

15.7 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Additionally, claims within the jurisdiction of a small claims court may be brought in such court.

15.8 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@ivoryandtide.com within thirty (30) days of first accessing the Site or making your first purchase, whichever occurs first. Your notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, neither you nor Ivory & Tide will be required to arbitrate, but all other provisions of these Terms will continue to apply.

15.9 Survival

This Section 15 shall survive termination of these Terms and your use of the Site.

15.10 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND IVORY & TIDE EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, ANY PRODUCTS PURCHASED THROUGH THE SITE, OR ANY DEALINGS BETWEEN US, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE.

15.11 Confidentiality of Arbitration

All aspects of the arbitration proceeding — including but not limited to the filing, proceedings, discovery, testimony, documents, briefs, the arbitrator's decision and award, and any settlement — shall be kept strictly confidential. Neither party shall disclose any information about the arbitration to any third party, except as may be required by law, to enforce the arbitrator's award, or as otherwise agreed by the parties in writing. This confidentiality obligation shall survive the conclusion of the arbitration.

16. GOVERNING LAW AND JURISDICTION

16.1 Governing Law

These Terms and any dispute arising out of or related to these Terms, the Site, or any products purchased through the Site shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in Section 15.

16.2 Exclusive Jurisdiction

Subject to Section 15, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the federal or state courts located in New Castle County, Delaware. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue on the grounds of inconvenient forum or otherwise.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ivory & Tide, POPULAR TEEZ LLC, their respective parent companies, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses, including but not limited to reasonable attorneys' fees, court costs, and expert witness fees, arising out of or relating to your use of, or inability to use, the Site; any products purchased through the Site; your violation of these Terms; your violation of any rights of a third party; your violation of any applicable law, rule, or regulation; your User Submissions; or any content or information you provide or transmit through the Site. This indemnification obligation shall survive termination of these Terms and your use of the Site.

18. LIMITATION ON TIME TO FILE CLAIMS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This limitations period applies to the fullest extent permitted by applicable law and shall not be construed to shorten any longer limitations period required by a statute that prohibits contractual modification of its limitations period.

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms, together with the Privacy Policy, Return Policy, and any other legal notices or policies published by Ivory & Tide on the Site, constitute the entire agreement between you and Ivory & Tide concerning the Site and supersede all prior or contemporaneous communications, proposals, and representations, whether electronic, oral, or written.

19.2 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, eliminated, and the remaining provisions of these Terms will continue in full force and effect.

19.3 Waiver

The failure of Ivory & Tide to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Ivory & Tide.

19.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Ivory & Tide's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Ivory & Tide may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

19.5 Force Majeure

Ivory & Tide shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Ivory & Tide's reasonable control, including but not limited to acts of God, fire, flood, earthquake, epidemic, pandemic, war, terrorism, cyberattacks, ransomware, data breaches by third parties, sanctions, trade restrictions, export controls, labor disputes, government actions, supply chain disruptions, carrier delays, internet service disruptions, power outages, or third-party service failures.

19.6 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights. No person or entity other than you and Ivory & Tide shall have any rights under these Terms.

19.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

19.8 Electronic Communications

By using the Site or placing an order, you consent to receiving electronic communications from Ivory & Tide, including order confirmations, shipping notifications, and customer service communications. 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.

19.9 California Consumer Notice

Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

20. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Ivory & Tide
Operated by POPULAR TEEZ LLC
Email: support@ivoryandtide.com
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