Terms of service

Terms of Service

PrettyBoy, Inc.

OVERVIEW

This website is operated by PrettyBoy, Inc.  (“PrettyBoy”). Throughout the site, the terms “we”, “us” and “our” refer to PrettyBoy. PrettyBoy offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site  or purchasing certain products (“Products”) from us (collectively, including the website, any related sites or software, and any Products or services received or purchased through any of the preceding, the “Services”), you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content, as well as registered and unregistered users.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING ANY DISPUTE BETWEEN YOU AND PRETTYBOY, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND REQUIRING YOU TO FORGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT FOLLOWING THE OPT-OUT PROCEDURES IN SECTION 2 BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Some parts of our Services may be hosted by third parties, such as Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and services to you.  Your use of our Services may be subject to additional terms and conditions provided by Shopify Inc. and other third parties.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – PAYMENT, MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Payments through the Services may be processed using a third-party processor. When purchasing Products or services, you may be asked to supply certain information such as your credit or debit card number, the expiration date of your credit or debit card, your billing address, your shipping information, and other information usable to complete the transaction (collectively, a “Payment Method”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD THAT YOU PROVIDE. By submitting such information, you grant us (or the third party collecting that information on our behalf) the right to use and provide such information to third parties for purposes of facilitating the completion of your transaction. Verification of information may be required prior to the acknowledgment or completion of any transaction. You agree to pay all charges incurred by users of your Payment Method. 

PrettyBoy reserves the right, at our sole discretion, to cancel any orders placed for a Product whose price was incorrectly provided or calculated as a result of an error. If this occurs, we will notify you by email and refund the payment for such order. 

We may provide you information regarding the availability of Products. In some cases, a Product may be in stock when you place the order, but unavailable at the time that we attempt to process the order. In such cases, we will notify you by email, cancel the item from your order, and refund the payment for such order. 

We also may offer some Products for sale before they have been manufactured or are available for shipment to you. In some cases, these pre-ordered items may not become available for shipping. In such cases, we will notify you by email, cancel the item from your order, and refund the payment for such order.

We may offer certain subscription services that may consist of an initial one-time charge, followed by recurring period charges as agreed to by you. BY SELECTING A SUBSCRIPTION SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (A) PRETTYBOY (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU BASED USING ANY PAYMENT METHOD THAT YOU HAVE PROVIDED ON A RECURRING BASIS FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT. YOU MAY CANCEL YOUR SUBSCRIPTION BY EMAILING US AT SUPPORT@YOPRETTYBOY.COM OR USING THE TOOLS WE PROVIDE ON OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED WITH RESPECT TO ANY TRANSACTIONS COMPLETED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. 

SECTION 5 - PRODUCTS OR SERVICES; RETURN POLICY

Certain Products or services may be available exclusively online through the website. These Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this site is void where prohibited.

We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. You acknowledge and agree that your sole remedy for any Product issue is to exercise our Return Policy. 

The Services, including any samples we may provide to you, are for personal use only. You may not sell or resell any Products or services you purchase or otherwise receive from us. Please note that we will track Product purchases you make through the website. We reserve the right, with or without notice, to cancel any order to be filled or Products or services to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.

All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the Product ingredients to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any Products or information in the Services before using or relying on them. Use by a child of any Product should be only after the child’s parent or legal guardian has discussed the Product with the child’s physician.

PrettyBoy does not provide or intend to provide any answers to medical-related questions and the Services do not replace the advice of any medical professional or medical resource.

Statements made about Products available through the Services have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not occur in all individuals. Such statements and Products sold through PrettyBoy are not intended to diagnose, treat, cure or prevent any condition or disease.

Refund & Satisfaction Guarantee Policy

Your purchase of PrettyBoy products through our website is subject to the terms outlined below (the “Refund Policy”).

1. First-Time Purchase Guarantee
We offer a 100% money-back guarantee on your first purchase only. If you're not satisfied for any reason, you may request a full refund of the product purchase price...no questions asked.

Please note:

• Shipping fees are non-refundable. Refunds apply to product costs only.

• Refund requests must be submitted via email to support@yoprettyboy.com.

2. Bulk Purchases (e.g., 1-Year Supply)
For any bulk purchases, including 1-year supply kits or similar, PrettyBoy reserves the right to limit refunds to a quantity of one (1) unit per unique item.

Customers may request a refund for the entire quantity ordered only if:

• All items are returned to PrettyBoy, and

• All returned items are inspected and deemed untampered with, unopened, and in resalable condition, at PrettyBoy’s sole discretion.

If these conditions are not met, PrettyBoy reserves the right to limit the refund to one (1) unit per product type or deny the refund entirely.

This policy ensures fairness and prevents misuse of our refund program.

3. Repeat Purchases
Refund requests for second-time or subsequent purchases are not covered under our money-back guarantee. PrettyBoy reserves the right, at its sole discretion, to approve or deny refund requests beyond a customer’s first order.

4. Abuse & Fair Use Clause
PrettyBoy may revoke refund rights in the event of abuse. Abuse includes but is not limited to:

• Excessive or repeated refund requests

• Refunds on large or suspicious quantities

• Use of the policy for resale, commercial purposes, or fraud

PrettyBoy reserves the right, in its sole discretion, to deny refunds and suspend future eligibility if we determine that a customer is acting in bad faith or misusing the Refund Policy.

For any questions related to this policy, please get in touch with us at support@yoprettyboy.com.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, posts, text reviews, images, messages, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content. We are and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to or act upon any User Content.

We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are solely responsible for any User Content you make and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.

We may receive User Content from our users who share photos and videos on other platforms (e.g., Twitter, Instagram) using our brand hashtags or tagging the “yo.prettyboy” Instagram account. You acknowledge and agree that such User Content may be used in PrettyBoy’s emails and on the Services, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with such User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your account. You represent and warrant that the posting and use of your User Content, including to the extent such User Content includes your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyright, trademark and other intellectual property rights.

By uploading any User Content you hereby grant PrettyBoy and its successors and assigns a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content without compensation to you, in connection with the operation of the website or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services that you provide to us as User Content are non-confidential and non-proprietary and we will be entitled to the unrestricted use and dissemination of such User Content for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.

We have no obligation to, but reserve the right to, monitor, flag, delete, or refuse to reproduce any User Content we believe may be in violation of these Terms, and to cancel any order based on such User Content. Under no circumstances will PrettyBoy be liable in any way for any loss of any User Content. The website is not intended as a storage depository for User Content, and you are responsible for retaining copies of your User Content.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click Here to view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all Products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE WEBSITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE WEBSITE, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE WEBSITE.

THE WEBSITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE WEBSITE TERMS AND CONDITIONS OR THE WEBSITE OR ITS CONTENTS OR SERVICES.

YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF THE WEBSITE OR THESE TERMS, INCLUDING YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EXCEED TWENTY DOLLARS ($25.00).

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY.  WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless PrettyBoy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – BINDING ARBITRATION & CLASS ACTION WAIVER

ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, THE SERVICES, ANY PRODUCTS, OR THESE TERMS, INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF PRETTYBOY OR ITS LICENSORS) (COLLECTIVELY, “DISPUTES”) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION.  ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.  

You and PrettyBoy agree that the 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 the arbitration terms under this Section, including any claim that all or any part of such terms are void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the foregoing, you and PrettyBoy each retain the right to seek injunctive or other appropriate relief in any court of competent jurisdiction to the extent to prevent the actual or threatened violation of a party’s intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity. You and PrettyBoy each consent to jurisdiction and venue in any such court for such purposes. 

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of this Section shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.

Opt-Out Procedures

You can choose to reject the terms of this Section 20 by sending us a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms, by email at support@yoprettyboy.com or by mail at 639 Navy St. Apt B. Santa Monica, CA, 90405. If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the terms of this Section 20, all other parts of the Terms will continue to apply to you.  Opting out of the terms of this Section 20 has no effect on any previous, other, or future arbitration agreements that you may enter with PrettyBoy.

Rules, Procedures & Governing Law

The arbitration will be administered by AAA under its Consumer Arbitration Rules and any supplementary rules then in effect (the “AAA Rules”), except as modified by these Terms and Conditions. The AAA Rules are available at www.adr.org or by calling the AAA at (800) 778-7879. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms and Conditions. Notwithstanding any choice of law or other provision in the Terms and Conditions, you and PrettyBoy agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement of proceedings pursuant thereto. It is the intent of the parties that the AAA Rules and FAA shall preempt all state laws to the fullest extent permitted by law. If the AAA Rules and FAA 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 Ohio, without regard to its choice or conflict of law provisions. 

A party who wishes to start arbitration must submit a written Demand for Arbitration to the AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. You can contact the AAA for more information on how to commence an arbitration proceeding at www.adr.org or (800) 778-7879.

For claims under $10,000, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. If your claim is at or above $10,000, your right to a hearing will be determined by the AAA Rules. 

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules. We will reimburse those fees for claims totaling less than $10,000, unless the arbitrator finds your Dispute frivolous. 

Changes to Arbitration Agreement or Class Action Waiver

Notwithstanding the provisions of this Section 2, if PrettyBoy changes any of the terms of this Section I after the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions), you may reject any such change by sending us a written notice of such rejection within 30 days of the of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided either by email support@yoprettyboy.com or by mail at 639 Navy St. Apt B. Santa Monica, CA, 90405. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and PrettyBoy in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms and Conditions (or to any subsequent changes to the Terms and Conditions).

 SECTION 21 - COPYRIGHT INFRINGEMENT NOTICES

If you believe that copyrighted materials have been displayed or distributed via the website without permission, please send an email (subject line: “DMCA Takedown Request”) or written notice to our designated agent for notices of infringement and provide the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
• Identification of the copyrighted work(s) that you claim has been infringed;
• A description of the material that you claim is infringing and the location of that material on the website;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

YOU CAN CONTACT US FOR NOTIFICATIONS OF CLAIMED INFRINGEMENT AT: 

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Section 22 - Text Marketing & Notifications

We may provide you the opportunity to subscribe to text marketing notifications from time to time.  By subscribing to text marketing notifications you agree to receive recurring automated marketing messages and shopping cart reminder messages at the phone number provided. Consent is not a condition of purchases.  Your receipt of text marketing notifications may be subject to additional terms and conditions of a third party text marketing provider.

If you no longer want to receive text marketing notifications, you may follow the directions provided in association with such messages to unsubscribe, or contact us for assistance using the contact information below.

When you opt in for text marketing notifications you may receive occasional messages concerning surveys, welcome messages, special offers, flash sales, and other correspondence.

SECTION 23 - CONTACT INFORMATION

For more information about our terms of service, our privacy policy, or any questions related to our business, please contact us by email at support@yoprettyboy.com or by mail using the details provided below. 

PrettyBoy Inc.

639 Navy St. Apt B. 

Santa Monica, CA

90405