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DailyLook Text Terms & Conditions

UNDER THESE TERMS & CONDITIONS YOU ARE AGREEING TO BINDING ARBITRATION AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM. THIS ARBITRATION AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

These Text Terms & Conditions ("Terms & Conditions") govern all communications to or from DailyLook, Inc., its employees, officers, directors, agents, subsidiaries, and affiliates (referred to as "DailyLook," "we", "us" or "our"), including without limitation communications made through the use of short messaging service ("SMS"), multimedia messaging service ("MMS"), or successor protocols or technologies (collectively, "text messages"), and telephone communications of any kind (text messages and telephone communications of any kind are collectively referred to as "communications"), and constitute an agreement between you and us. In addition to these Terms & Conditions, you agree to be bound by our Terms of Use and Privacy Policy, which are expressly incorporated by reference, as well as any other applicable terms and agreements related to your use of our sites and services.

AGREEMENT DETAILS & NOTICES

Your Consent to Receive Automated Communications

You acknowledge that by voluntarily providing your telephone number(s) in conjunction with an account or transaction or by opting in to a DailyLook-sponsored text messaging program ("Program(s)"), you expressly consent to receive artificial voice messages, prerecorded voice messages, and/or autodialed communications from us related to a variety of purposes, including, without limitation, offers, promotions, marketing content, shopping appointments, your DailyLook accounts, any transaction, delivery or order notifications, and/or your relationship with us. You acknowledge that automated communications may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that we may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you or your representative at any time or obtained through other lawful means. You agree to receive automated communications from us, even if you cancel your account or terminate your relationship with us, except if you expressly change your consent or opt out status (see below). You understand that you do not have to consent to receive automated marketing communications as a condition of purchasing any goods or services.

Providing Telephone Numbers and Other Contact Information

You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your participation in relevant Programs. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any text message that you have received from us, or opting out by following the instructions described in the "Changes to Consent" section below.

Changes to Consent

If you do not consent to receiving automated communications, or at any time you wish to revoke your consent to be contacted at a particular number, you may contact us at customerservice@dailylook.com or 1.888.888.6645. To opt out of a specified text message Program, please see the Text Message Opt-Out Instructions below.

It is your sole responsibility to notify us if you no longer want to receive automated communications. You waive any rights to bring claims for unauthorized or undesired communications by failing to opt out immediately or by failing to follow these instructions.

Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated communications, we reserve the right to make non-automated communications to you for transactional, informational and/or operational purposes. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt-out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.

Text Message Opt-Out Instructions

Your consent to receive automated text messages is completely voluntary. You may opt out at any time. To opt out of text messages, follow the instructions in each Program for opting out; text STOP to any text message you receive from us; or contact our Customer Care Team at customerservice@dailylook.com or 1.888.888.6645 and specify the Program(s) for which you want to opt out of text messages. In some cases, you may also reply HELP to a text message for help. You acknowledge and agree to accept text messages confirming your opt-out. We have different text message Programs and may use different shortcodes for different messaging purposes. Texting STOP to one shortcode or opting out of one text message Program will not effectuate a stop request for all shortcodes or text message Programs to which you are subscribed. You acknowledge and agree that texting STOP to any text message you receive from us will serve as an opt out of that specified Program only. It does not serve as a company-wide "do not call" request. You understand and agree that you may receive confirmatory opt out text messages after texting STOP.

Fees and Charges

There is no fee to receive automated communications from us. However, you may incur a charge for these communications from your telephone carrier, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that we are not responsible for such charges.

Unauthorized Use of Your Telephone Device

You must notify us immediately of any breach of security or unauthorized use of your telephone device. Although we will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

Call Recording and Monitoring

You acknowledge that telephone communications to or from us may be monitored and recorded and you consent to such monitoring and recording.

Your Indemnification to Us

You agree to indemnify us for any claims under the Federal Telephone Consumer Protection Act, or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys' fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

Release of Claims

By agreeing to receive communications from us, you agree to release us from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms based on any alleged violations of the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, and/or any similar state and local acts or statutes to the maximum extent permitted by law.

Technical Issues

You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all Internet service providers, mobile service, and other services needed to receive communications, including, without limitation, telephone communications and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms & Conditions and your membership in any Program.

RIGHTS

Dispute Resolution

PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING INDIVIDUAL ARBITRATION, AMONG OTHER THINGS. In the unlikely event that we have a dispute that cannot be resolved through customer service, you and we agree to this dispute resolution agreement.

Mandatory Informal Dispute Resolution Process for Disputes and Excluded Disputes

If any dispute, claim, cause of action, or complaint, arises out of, concerns or regards the delivery or functionality of communications from us, these Terms & Conditions, any Program, or any aspect of your relationship with us (with the exception of equitable, injunctive, and declaratory claims and requests for relief sought pertaining to our actual or alleged intellectual property rights) (individually a "Dispute," and collectively "Disputes"), then notice must be provided as specified here. This dispute resolution procedure does not apply to the substance of any offer or promotion or to product purchases. This includes any claims asserted under the federal Telephone Consumer Protection Act and state telemarketing laws. We agree that regardless of whether the Dispute arises before or after the effective date of these Terms & Conditions, then you and we agree to make a good faith effort to resolve the Dispute informally prior to initiating a formal arbitration proceeding.

If you or we intend to initiate an arbitration proceeding, you or we must first send a written notice to the other providing a detailed description of the Dispute; your name and contact information (address, telephone number, and email address) or our contract information; sufficient information to enable you or us to identify any transaction at issue; and a detailed description of (1) the nature and basis of any claims, and (2) the nature and basis of the relief sought, with a detailed calculation for it. Your notice to us must be personally signed by you (and your attorney if you are represented). Our notice to you will be personally signed by our representative (and our attorney if we are represented). If requested by us in connection with a notice initiated by you, you must personally appear at and participate in an individualized telephone settlement conference (if you are represented by an attorney, your attorney may also participate) to discuss the Dispute in a good faith effort to resolve it. If requested by you in connection with a notice initiated by us, our representative must personally appear at and participate in an individualized telephone settlement conference (if we are represented by an attorney, our attorney may also participate).

Your notice to us must be sent via email to: legal@DailyLook.com. Our notice to you will be sent to you based on the most recent contact information that you have provided to us. For a period of sixty (60) days from the date of receipt of a fully completed notice from the other party, we and you will engage in a good faith dialogue in order to attempt to resolve the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the fully completed notice (which period can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is a condition precedent to initiating arbitration. The party initiating arbitration must include as part of the demand for arbitration a personally signed certification of compliance with the informal dispute resolution process (if you initiate arbitration, then the certification must be signed by you and by your attorney, if you are represented; if we initiate arbitration, then the certification must be signed by our representative and our attorney, if we are represented.).

The sole exceptions to the requirement to arbitrate are that: (1) either party may elect to have individual claims heard in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction; and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any applicable statute of limitations shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

Arbitration

If we cannot resolve a Dispute as set forth, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND US (WHETHER BASED IN CONTRACT, STATUTE (INCLUDING THE FEDERAL TELEPHONE CONSUMER PROTECTION ACT AND STATE TELEMARKETING LAWS), REGULATION, ORDINANCE, TORT—INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. Dispute shall be interpreted broadly. For U.S. residents, the Federal Arbitration Act ("FAA"), not state law, shall govern the arbitrability of all Disputes, including the "No Class Action Matters" set forth below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.

Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Consumer Arbitration Rules ("Rules") of the American Arbitration Association ("AAA") except as modified herein, and the arbitration will be administered by the AAA consistent with this agreement. If the AAA is unavailable or unwilling to administer the arbitration consistent with this agreement, then the parties agree that the arbitration will be administered by National Arbitration and Mediation ("NAM") under its then-current rules as modified by this agreement. If NAM is unavailable or unwilling to administer the arbitration consistent with this agreement, the parties will work together in good faith to agree on an arbitration administrator that will do so consistent with this agreement. If the parties cannot agree on an arbitration administrator, then they will petition a court of competent jurisdiction to appoint one that will administer the arbitration consistent with this agreement. The AAA rules are available at https://www.adr.org/Rules[1] . The NAM rules are available at https://www.namadr.com/resources/rules-fees-forms/. If you have any questions about how to access information about the AAA or NAM, please contact them (their up-to-date contact information is available on their websites) or us at legal@DailyLook.com.

To begin an arbitration proceeding, after satisfying the informal process identified above, you or we must (1) send a personally signed demand for arbitration that describes (a) the nature and basis of the claims, and (b) the nature and basis of the relief sought, including a detailed calculation for it; (2) send the signed certification of completion of the process identified above; and (3) contact the AAA, NAM, or the applicable court-appointed arbitration administrator and follow the appropriate procedures to commence the arbitration. You and we, if you or we are represented by an attorney in connection with your or our arbitration demand, agree that any arbitration demand must also be signed by your or our attorney. By signing the arbitration demand, the attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11. Your demand for arbitration must be sent to us via email at legal@DailyLook.com. Our demand for arbitration to you will be sent to you based on the most recent contact information that you have provided to us.

Except as provided below, you may choose to have the arbitration conducted by phone, video, in-person or through written submissions, except any Dispute over $50,000 shall have an in-person or video hearing. We reserve the right to request a hearing in any matter from the arbitrator. If you initiate arbitration, then you agree to personally appear at any in-person, video, or telephonic hearing (along with your attorney if you are represented). If we initiate arbitration, then we agree to have a representative appear at any in-person, video, or telephonic hearing (along with our attorney if we are represented). If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed location. The arbitrator shall be located in reasonable proximity to you or the mutually agreed location if a hearing is required or requested.

Arbitration fees shall be governed by the applicable arbitration administrator rules, unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this arbitration provision to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award.

The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms & Conditions as a court would, and will determine any Dispute according to applicable law and facts based upon the record and no other basis. The arbitrator shall issue a reasoned written award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim. Except as expressly provided herein, all issues, including scope, are for the arbitrator to decide. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. This arbitration provision shall survive termination of these Terms & Conditions.

No Class Action Matters

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. This section (the class action waiver) is an essential part of this agreement. If, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for public injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this provision, the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. Notwithstanding any other provision of this arbitration agreement, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this "No Class Action Matters" section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

Exclusions from Arbitration Requirement

Notwithstanding the foregoing, either of us may elect to have heard a qualifying claim or Dispute in small claims court of competent jurisdiction as long as the matter remains in such court and is not removed In addition to small claims court proceeding, the arbitration provisions will not apply to any legal action taken by DailyLook to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) in connection with its intellectual property rights.

Governing Law and Forum

Except as expressly provided above, these Terms & Conditions will be governed by and construed in accordance with, and any Dispute will be resolved in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. To the fullest extent permitted by law, to the extent any matter proceeds in court, except for small claims court and the Excluded Disputes set forth above, you consent to the exclusive jurisdiction of the federal and state courts located in New York County in the State of New York.

Additional Procedures for Mass Arbitration

If your claim is part of twenty-five (25) or more similar claims asserted against us by the same or coordinated counsel or are otherwise coordinated, you understand and agree that these additional procedures apply and the resolution of your Dispute might be delayed. You agree to the following staged process and application of the AAA Multiple Consumer Case Filing Fee Schedule (or NAM fee schedule). Your counsel and our counsel shall each select twenty-five (25) cases (per side) to proceed in individual arbitration proceedings as part of an initial staged bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged bellwether process. Each side may elect to have its cases for any given set of proceedings selected by it, by the AAA (or NAM), or randomly. The parties agree that after completion of the first set of fifty (50) individual arbitration proceedings, they shall participate in a mediation session with a former state or federal court judge in an effort to resolve the remaining claims or to discuss potential ways to streamline the procedures for adjudicating the remaining claims. If the parties are unable to resolve the remaining cases after the conclusion of the initial fifty (50) proceedings, each side shall select another twenty-five (25) cases (per side) to proceed to individual arbitration proceedings as part of a second staged bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged bellwether process. Each side may elect to have its cases for any given set of proceedings selected by it, by the AAA (or NAM), or randomly. The parties agree that after completion of the second set of fifty (50) individual arbitration proceedings, they shall participate in a mediation session with a former state or federal court judge in an effort to resolve the remaining claims or to discuss potential ways to streamline the procedures for adjudicating the remaining claims. If the parties are unable to resolve the remaining cases after the conclusion of the second set of fifty (50) proceedings, this staged process shall continue, consistent with the parameters set forth above, except that the parties may elect to meet and confer to discuss increasing the number of cases to proceed in each set of staged proceedings or to otherwise modify the procedures to resolve the remaining claims as informed by the prior arbitration proceedings. A single arbitrator shall preside over each case, and the same arbitrator may not be assigned to more than one case in any given set of 50 (or more should the parties agree) proceedings unless the parties agree otherwise. The arbitrators assigned to each set of proceedings shall not be identical. This staged process shall continue, consistent with the parameters identified above, until all the claims included in the mass arbitration, including your case, are adjudicated, settled, withdrawn, or otherwise resolved. You agree that DailyLook may request an in-person, video, or telephonic hearing from the arbitrator when your claim is selected to move forward as part of a staged process. If a hearing is required, you agree that you will personally appear (with your attorney if you are represented). The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this process from the time the first cases are selected for a staged process until the time your case is selected to proceed as part of a staged process, settled, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands. The parties agree to participate in this process in good faith. Consistent with these additional procedures, the parties may elect to meet and confer, enter into a "cooling off" period, and/or further mediate any or all of the remaining claims at any time or to discuss and potentially agree to modifications to this process to ensure efficiency and an open dialogue throughout this process.

Survival

This Dispute Resolution Section ("arbitration agreement," or "agreement") shall survive termination of these Terms & Conditions and your membership in any Program.

Future Changes to Dispute Resolution Section

Notwithstanding any provision to the contrary, we agree that if we make any future changes to the arbitration agreement (other than a change to the email address), you may reject any such change by sending us written notice within thirty (30) days of the change to the email address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this agreement.

Severability

Except as otherwise provided herein, if any provision of these Terms & Conditions is held in an arbitration proceeding or by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Terms & Conditions will not be affected. If such provision would cease to be illegal, invalid or unenforceable if some part of that provision were modified or deleted, the provision in question will apply with the least such modification or deletion as may be necessary to make the provision legal, valid and enforceable.

TERMS & CONDITIONS: DATE WHEN CHANGES ARE EFFECTIVE, AND REVISION

These Terms & Conditions may change at any time. We will post the revision date with the revised Terms & Conditions. The revised Terms & Conditions will apply to you for any communications you receive after the revision date. So please check back from time to time. Remember, you may always opt out of or unsubscribe from communications by following the instructions in the "Changes to Consent" or "Text Message Opt-Out Instructions" sections above.

These Terms & Conditions were last revised on October 20, 2023.

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