Terms And Conditions for Australia, Canada, EU, Israel, New Zealand, and UK Consumers

12.5 END OF WITHDRAWAL INSTRUCTION/MODEL WITHDRAWAL FORM

13. LIMITATION ON RETURNS POLICY AND RIGHTS OF CANCELLATION AND WITHDRAWAL:

13.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SALE, THERE IS NO RIGHT TO CANCEL OR WITHDRAW FROM CONTRACTS WITH RESPECT TO MERCHANDISE WHICH WAS MADE TO YOUR SPECIFICATIONS OR WHICH IS CLEARLY PERSONALIZED. THERE ARE OTHER TYPES OF MERCHANDISE THAT ARE NOT ELIGIBLE FOR CANCELLATION/WITHDRAWAL OR RETURN SUCH AS FRAGRANCES, SEALED GOODS WHICH HAVE BEEN UNSEALED (SUCH AS DVDS OR AUDIO DEVICES OR GOODS LIABLE TO DETERIORATE OR EXPIRE RAPIDLY) OR OTHER MERCHANDISE WHICH ARE NOT SUITABLE FOR RETURN DUE TO HEALTH PROTECTION OR HYGIENE REASONS, IF THEY WERE SEALED AND BECOME UNSEALED AFTER DELIVERY. This Section does not apply to goods that are faulty or are otherwise not in compliance with your legal rights.

13.2 Only the buyer will be entitled to the above-described rights of cancellation or withdrawal (as applicable) and to receive a refund of the purchase price. In no event will a person who has received the Merchandise as a gift be entitled to receive a refund. If you are a gift recipient and wish to return the Merchandise, please contact us to discuss your options.

14. LIMITED WARRANTY; RETURNS POLICY FOR FAULTY MERCHANDISE

14.1 If any Merchandise you Order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe Merchandise was delivered damaged or faulty or has developed a fault, you should inform the Retailer’s Customer Service Team as soon as possible, preferably in writing, giving your name, address and Order reference. Nothing in this Section affects your legal rights.

14.2 For customers in the United Kingdom, one of the member states of the European Union, Iceland, Liechtenstein, or Norway you have legal rights in relation to goods that are not as described, not of satisfactory quality, or otherwise not fit for purpose. If you believe that any Merchandise that you have ordered do not conform with these Terms of Sale, please contact the Retailer’s Customer Service Team at stat@wearfigs.com to request a replacement or refund. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

14.3 For customers in France, you can invoke the legal warranty of conformity (article L217-4 and seq. of the French consumer Code) within a period of two (2) years from the delivery of the Merchandise, without having to prove that the defect existed before the delivery. You will be able to benefit from the following options depending on what is possible and subject to the cost conditions provided for in Article L217-9 of the Consumer Code: (i) the replacement of the Merchandise by an identical product or of equivalent quality and price, depending on available stocks; or (ii) the repair of the Merchandise. If these two solutions are impossible to implement within thirty (30) days following your request according to the conditions provided for in Articles L217-9 and L217-10 of the French Consumer Code, we will issue a full refund (purchase price and possible delivery costs), against return of the product. The cost of returning the product, the cost of repairing it or of delivering another product will be borne by us. As a consumer, you also have the right to invoke the legal warranty against the hidden defects provided in articles 1641 to 1649 of the French Civil Code or any other contractual or extra-contractual action (tort) which is recognized by the law. In such a case, the consumer can choose between the termination of the sale or claim a reduction of the price pursuant to Article 1644 of the Civil Code. Pursuant to article 1648 paragraph 1 of the Civil Code, the action resulting from latent defects must be filed within two (2) years of the discovery of the defect.

14.4 For customers in the Republic of Ireland, you have legal rights in relation to goods that are not as described, not of merchantable quality, not in conformity with the contract, or otherwise not fit for purpose. If you believe that any Merchandise that you have ordered do not conform with these Terms of Sale, please contact the Retailer’s Customer Service Team at stat@wearfigs.com to request a replacement or refund. Advice about your statutory rights is available from your local Citizens Information Centre.

14.5 For customers in Italy, statutory warranties and statutory remedies provided for in the Italian Civil Code and in the Italian Consumer Code apply. If you believe that any Merchandise that you have ordered do not conform with such provisions of the Order and these Terms of Sale, please contact the Retailer’s Customer Service Team at stat@wearfigs.com to request a replacement or refund.

14.6 For customers in Germany, the statutory warranty rights apply with respect to Merchandise that is not free of legal and/or material defects.

14.7 For customers in Australia, these Terms does not affect any statutory rights regarding warranty that may apply to your purchase, and to any rights you may have under the Australian Consumer Law to the extent that any specific provision of the Australian Consumer Law explicitly prevails the governing laws of these Terms. These rights include:

14.7.1 If your product fails to meet a consumer guarantee under the Australian Consumer Law, you will be entitled to a repair, replacement or refund depending on whether the defect is classified as a minor or major defect. A consumer guarantee under the Australian Consumer Law includes a guarantee that the product is of acceptable quality, matches the description provided in the Site, is fit for purpose and meets any extra promises made about performance, condition and quality.

14.7.2 If the defect is considered a minor failure of the Product, your Product may be repaired, replaced or you will be refunded for your purchase, as elected by us or the Retailer.

14.7.3 If the defect is considered a major failure of the product, you are entitled to a refund or replacement of the Product.

15. LIABILITY

15.1.1 You acknowledge and understand that the Retailer has no responsibilities, obligations or liabilities whatsoever under or in connection with these Terms of Sale. Your only right of claim and/or right of action under or in connection with the Terms of Sale shall be with and/or against Global-e, as set out in more detail in this ‘Liability’ Section.

15.1.2 There are certain liabilities that cannot be excluded under applicable law. In particular, nothing in these Terms of Sale limits Global-e’s liability for personal injury or death caused by its negligence or its liability for fraud, or for breach of any term implied by applicable Consumer rights legislation and which, by applicable law, may not be limited or excluded. You might have certain rights as a Consumer, including legal rights relating to faulty product(s). Nothing in these Terms of Sale will affect these legal rights.

15.1.3 Subject to the foregoing, in no event will there be any liability for any of your business losses. Any liability, if so exists, shall not exceed the purchase price of the relevant Merchandise and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.

15.1.4 Global-e will not be responsible for any loss or damages incurred by unauthorized use of your payment card on the Checkout, and Global-e is not responsible for notifying your card issuer or any law enforcement authority in these instances. 15.1.5 You must give Global-e a reasonable opportunity to remedy any matter for which they are liable before you incur any costs remedying the matter yourself.

15.1.6 Global-e cannot guarantee that the Checkout will be uninterrupted or error-free. Global-e is entitled without notice and without liability to suspend the Checkout for repair, maintenance, improvement or other technical reason.

15.1.7 To the maximum extent permitted by applicable law, Global-e shall not be held liable, if and in so far as it cannot fulfill its obligations as a result of circumstances beyond its reasonable control and where it could not have taken appropriate steps to avoid such effects including third party telecommunication failures.

16. INTELLECTUAL PROPERTY RIGHTS

16.1 Any access or use of the Checkout for any reason other than your personal, non-commercial use, is prohibited. You further acknowledge that any other use of the material and content of the Checkout is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

16.2 Unless otherwise stated, the copyright and other intellectual property rights in the content on the Checkout are owned by Global-e or our licensors.

16.3 You may print off one copy and may download extracts of any page from this Checkout for non-commercial, personal use.

17. GOVERNING LAW AND DISPUTES

17.1 If you are a Consumer resident in the UK or the European Union and we direct the Site to (and/or pursue our commercial or professional activities in relation to the Site in) the country in which you are resident, you may bring any dispute which may arise under these Terms of Sale, at your discretion, in either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, in which courts are (with the exclusion of any other court) competent to settle any such dispute. We shall also bring any dispute which may arise under these Terms of Sale to the competent court of your country of habitual residence if this is within the UK or is an EU Member State or otherwise the competent court of England. You will additionally benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Sale affects your rights as a Consumer to rely on such mandatory provisions of local law.

17.2 If you are a Consumer resident in the European Union, you are hereby informed that in the event of a dispute arising out of or relating to these Terms of Sale, you may also have a right under applicable law to file a complaint with an alternative dispute resolution institute, such as the European Commission, which offers a platform for online dispute resolution (ODR) (For information about alternative dispute resolution which may be of interest, please refer to http://ec.europa.eu/consumers/odr/.) or such other institution to which you may have a legal right to use under applicable law.

18. MISCELLANEOUS

18.1 Communications will be made electronically by sending email or otherwise posting electronically.

18.2 A third party who is not a party to these Terms of Use has no right to enforce any provision of the Terms of Use.

18.3 Global-e is committed to render the carry on its business in accordance with its Code of Conduct and Modern Slavery Policy (available here: https://investors.global-e.com/corporate-governance/documents-charters).

18.4 If any provision or provisions of these Terms of Sale shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

18.5 Headings used in these Terms of Sale are for information and not binding.

18.6 Any failure by either party to exercise or enforce any right or provision of these Terms of Sale does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of these Terms of Sale is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these Terms of Sale shall continue to apply. These Terms of Sale may be transferred by Global-e to a third party, without your consent, but this will not affect your rights or obligations. A person who is not a party to these Terms of Sale shall have no rights to enforce any term of these Terms of Sale except insofar as expressly stated otherwise.

18.7 Global-e reserves the right to access, read, preserve, and disclose any information obtained in connection with the Order, and your use of the Checkout, as Global-e reasonably believes is necessary to:

18.7.1 satisfy any applicable law, regulation, legal process, subpoena or governmental request;

18.7.2 enforce these Terms of Sale, including to investigate potential violations of them;

18.7.3 detect, prevent, or otherwise address fraud, security or technical issues;

18.7.4 respond to your support requests; or

18.7.5 protect the rights, property or safety of Global-e, the Retailer or the public.

18.8 The Checkout may contain links to third party websites or services that are not owned or controlled by Global-e. Global-e is not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. You:

18.8.1 are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third-party website; and

18.8.2 expressly release Global-e from any and all liability arising from your use of any third-party website. Accordingly, you are encouraged to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.

18.9 Global-e reserves the right to modify these Terms of Sale at any time. However, no such change will affect any Order that you have already placed which will continue to be governed by the Terms of Sale that applied at the time at which you placed your Order.

18.10 The contract in respect of any Orders is concluded between you and Global-e or our intra-group affiliate acting on behalf of Global-e, and that no public filing requirements apply.

18.11 Global-e has authorized its affiliate, Global-e US Inc. (a company incorporated in Delaware, USA, having its registered office at 200 West 41st Street New York, New York 10036) to conclude and perform, on behalf of Global-e, parts of the fulfilment and performance of the contract with you for the sale of the Merchandise, if you are making such purchase from the USA or from Canada, including but not limited to, customs clearance.

18.12 Please see the contact information of our Global-e affiliates here.

1. ABOUT FIGS, INC.

FIGS, Inc. is a company registered in Delaware, USA under company number 5280784, with its registered office at 2834 Colorado Ave, Suite 100, Santa Monica, CA 90404 and U.S. tax number 46-2005653 (“FIGS”, “we”, “us”, “our”).

FIGS operates the website at www.wearfigs.com.

You can contact us at any time using the following details:

Email: stat@wearfigs.com

Postal address: 2834 Colorado Ave, Suite 100, Santa Monica, CA 90404

U.S. telephone number: +1-888-462-1901 (PLEASE NOTE: if you are resident outside of the U.S., you may be charged to call this number)

2. ABOUT THESE TERMS OF USE

2.1 Please read these Terms of Use carefully. These describe how you may:

2.1.1 access and use the Site and the content on it;

2.1.2 register for a user account on the Site; and

2.1.3 interact with the Site by, for example, submitting comments, images, videos, or any other type of material.

2.2 By using the Site, you accept the Terms of Use and agree to comply with them. In the process of registering for an account, you are required to accept and agree to be bound by the Terms of Use in order to complete registration.

2.3 These Terms of Use only apply to consumers who are resident in the following jurisdictions: Australia, Canada, European Union and United Kingdom If you are a consumer resident within the United States or outside Australia, Canada, European Union, Israel, New Zealand or United Kingdom, these Terms of Use do not apply to you. If you are a consumer resident within the U.S. please follow this link to access the Terms of Use that apply to you. If you are a consumer resident outside of Australia, Canada, EU, Israel, New Zealand or UK please follow this link to access the Terms of Use that apply to you.

2.4 In addition to these Terms of Use, your use of or access to the Site will also be governed by the FIGS, INC. Non-U.S. Privacy and Cookie Policy, which can be accessed at any time here: https://www.wearfigs.com/pages/non-us-privacy-policy.

2.5 Further, if you elect to place an order for goods on the Site, this will constitute a contract of sale between yourself and Global-e US Inc. (and not FIGS, INC.) and that contract of sale shall be governed by Global-e’s Terms of Sale which can be found in PART 1 of these Terms and Conditions. The Terms of Sale operate separately to these Terms of Use.

2.6 We may make changes to these Terms of Use and any documents referenced herein from time to time if, for example: (i) we need to make technical updates to the Site or update the features, characteristics and/or functionalities of the Site; and/or (ii) a change is required due to law, statutory provision, decree, order, regulation or other statutory provision or order. We will always consider your interests when making changes. If you have registered an Account with us (please see Section 3 below for more information on registering an Account), we will provide you with at least thirty (30) days’ advance notice of any changes to these Terms of Use, unless the change is due to a change in law or for security reasons in which case we may need to make changes on shorter notice. If you do not wish to continue using the Site following the changes to the Terms of Use, you can terminate your agreement to the Terms of Use by emailing us at stat@wearfigs.com to cancel your Account free of charge and without penalty. You should regularly review the Terms of Use, as your continued use of the Site after you have been provided with notice of any such changes may constitute your agreement to such changes (to the extent permitted by applicable law).

3. REGISTRATION AND ACCOUNT INFORMATION

3.1 You may simply browse the Site, or you may register a FIGS “Account” via the Site.

3.2 In order to register an Account, you must be eighteen (18) years of age or over.

3.3 When you set up an Account, you are required to provide certain information including your name and email address and select a password (collectively, your “Account Information”). By clicking “Create” you complete the registration process and send us your request to register for an Account. Before pressing the "Create" button, input errors can be corrected by clicking the "Back" button. On the data entry page, you can correct the Account Information by clicking on the corresponding line and deleting the entered data. You must only provide us with true, accurate, current and complete information for your Account. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to your Account or any other part of the Site.

3.4 If we accept your application for an Account, you will receive a confirmation by email to the email address that you provided. This email will include these Terms of Use. Please save or print this email as we will not save this information for you.

3.5 You agree to notify us immediately if there are any changes to the Account Information.

3.6 You must treat the Account Information as confidential information and must not transfer it to or share it with any third parties. If someone accesses our Site using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site. To the extent permitted by applicable law, you are solely responsible for any and all use of your Account Information and activities that occur under or in connection with your Account. You agree to notify us immediately if you have reason to believe that an unauthorised person is accessing your Account.

4. PLACING ORDERS AT THE CHECKOUT

4.1 The checkout is hosted, owned, and operated by Global-e US Inc. (and not by FIGS). This means that:

4.1.1 any orders that you place or transactions that you enter into via the Site are concluded with Global-e US Inc. (and not with FIGS, INC.) and are subject to Global-e’s Terms of Sale which are located in PART 1 of these Terms and Conditions;

4.1.2 any contract of sale in relation to goods that you enter into via the Site shall be with Global-e US Inc. (and not FIGS);

4.1.3 all prices are set by Global-e US Inc. (and not FIGS); and

4.1.4 any payments that you submit via the checkout are made to or on behalf of Global-e US Inc. (and not FIGS).

4.2 For the avoidance of doubt, FIGS is not a party to any contracts of sale that you enter into via the Site.

4.3 Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis and that will be posted on the Site (“Promo Codes”). Promo Codes cannot be purchased. Promo Codes may only be used once per person. Only Promo Codes sent to you through official FIGS communications channels are valid. You agree that Promo Codes:

4.3.1 must be used for the intended audience and purpose and in a lawful manner;

4.3.2 may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us;

4.3.3 may be disabled by us at any time for any reason without liability to us (except in cases of our gross negligence or wilful misconduct);

4.3.4 may only be used pursuant to the specific terms that we establish for that Promo Code and in accordance with the Terms of Sale;

4.3.5 are not redeemable for cash; and

4.3.6 may expire prior to your use.

4.4 To protect the intellectual property rights of FIGS and its licensors and suppliers, any resale of products purchased via the Site for commercial purposes or business profit is strictly prohibited.

5. IMAGES AND INFORMATION ON THE SITE

5.1 The Site and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.

5.2 We make reasonable efforts to display images and information relating to goods that are offered for sale by Global-e, and their colours, as accurately as possible. However, the displayed colours of the goods will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colours of the goods.

5.3 We endeavour to avoid typographical errors on the Site and reserve the right to correct any such errors at any time.

6. PROMOTIONAL OFFERS We may run promotional offers from time to time on the Site. All of the terms and conditions of any such promotion (including, but not limited to, the duration of the promotion, any costs to be borne by you, etc.) will be posted on the Site. In the process of participating in such promotion, you will be required to accept the applicable terms related to any such promotion. Each set of promotional terms are incorporated by your acceptance into, and make a part of, these Terms and Conditions. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Promotional offers may not be available in your jurisdiction.

7. FIONX PROTECTIVE MASKS By accepting these Terms of Use you also accept the FIGS FIONx Protective Mask Terms for information related to FIGS’ FIONx protective masks. The full FIONx Protective Mask Terms are incorporated by your acceptance into, and made a part of, these Terms of Use. You acknowledge that FIONx™ Protective Masks are non-medical masks and have not been certified, approved, or cleared by the NIOSH, the CDC, the FDA, or any other certifying body or health regulatory authority. As such, FIGS makes no representations regarding the safety and efficacy of these masks in filtering particles out of the air, providing a barrier to prevent or limit the transmission of particles, secretions and/or fluids, or for any other purpose such masks are typically intended for use. These masks are not labelled as a respiratory protective device, and therefore should not be used for particulate filtration.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 You understand and acknowledge that all intellectual property rights in the FIGS name and trademarks (including but not limited to names, logos, commercial slogans, product names and commercial symbols), the Site (including but not limited to text, designs, images, videos, graphics, software, code, proprietary methods and systems), and the goods featured on the Site (including but not limited to product names, images and packaging) are owned by us or our licensors. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved. Ownership of all such intellectual property rights and the goodwill associated therewith remains with us and/or our licensors (as applicable).

8.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms of Use. Subject to these Terms of Use, FIGS grants you a limited, royalty-free license for the duration permitted by the applicable law where you are domiciled to reproduce portions of the information and content available on the Site for the sole purpose of using the Site for your personal or non-commercial purposes. Unless otherwise specified by FIGS in a separate license, your right to use such materials that you access or download through the Site is subject to the Terms of Use.

8.3 You are not permitted to use our intellectual property rights for or in connection with any commercial, non-personal or public purpose whatsoever without our prior written consent (or the prior written consent of our licensors, as applicable).

8.4 Our intellectual property rights may not be copied, modified, reproduced, republished, posted or re-posted, transmitted, sold, offered for sale, uploaded or redistributed in any way without our prior written permission and/or the prior written permission of our licensors.

8.5 You must abide by all copyright notices, information, or restrictions contained in or attached to any of our intellectual property rights.

8.6 Nothing in these Terms of Use grants you any right to receive delivery of a copy of our intellectual property rights or to obtain access to our intellectual property rights except as generally and ordinarily permitted through the Site according to these Terms of Use.

8.7 Any communications or materials that you send to us through the Site by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising, and marketing. This Section does not apply to consumers resident in Germany.

8.8 Any use of third-party software provided in connection with the Site will be governed by such third parties’ licenses and not by these Terms of Use.

8.9 These Terms of Use do not limit any mandatory statutory rights that you are entitled to.

9. USER GENERATED CONTENT

9.1 When you access the Site, you have the opportunity to share and access user-generated information and materials (for example, product reviews, comments, pictures, text or sound), all of which we call “Content.”

9.2 You agree not to revise Content posted by others.

9.3 When you as a user post or publish Content that you upload, post, e-mail, transmit or otherwise make available on the Site, you grant FIGS to the maximum extent permitted by applicable law a fully paid, royalty-free, irrevocable, non-exclusive and fully sublicensable right (including any moral rights, unless you are a consumer resident in Germany, France or Italy in which case the provision for moral rights does not apply to you, and if you are resident elsewhere then only if permissible under the applicable law of your jurisdiction) and license for the duration permitted by the applicable law where you are domiciled to use, license, distribute, reproduce, modify, adapt, publicly perform, create derivative works from, publicly display, derive revenue or other remuneration from, and communicate to the public, your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights and waiving any moral rights in FIGS’ favour (unless you are a consumer resident in Germany, France or Italy in which case the provision for moral rights does not apply to you, and if you are resident elsewhere then only if permissible under the applicable law of your jurisdiction), that may exist in your Content. The purposes of this licence are as follows: (i) advertising, marketing and promotion, including in relation to the Site and FIGS; and (ii) allowing other users of the Site and other third parties to view, access, use, download, modify, adapt, amend, prepare derivative works of, publish, transmit or distribute your User Generated Content.

9.4 You confirm that you will not post any Content that in any manner:

9.4.1 infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others (for example, you should not use images of well-known characters, footage or music unless it is your own or you have permission to use it);

9.4.2 violates the applicable privacy, publicity, or other rights of third parties;

9.4.3 violates any applicable law, statute, ordinance or regulation;

9.4.4 violates any part of these Terms of Use;

9.4.5 is false, dishonest or inaccurate;

9.4.6 is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, bullying, discourteous, hateful, harmful, abusive or racially, ethnically, religiously, sexually or otherwise offensive;

9.4.7 discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary, private, personal or confidential information of others;

9.4.8 misrepresents your identity or your affiliation with another person in any way, or impersonates another person;

9.4.9 contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate the Site or any system, data or personal information;

9.4.10 advocates or encourages any terrorism, violence or illegal activity;

9.4.11 gives the impression that it emanates from or is endorsed by FIGS if this is not the case; and/or

9.4.12 has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our internet service providers or other suppliers.

9.5 You access the Site at your own risk. Although we strive to enforce these rules with all of our users, we are under no obligation to proactively oversee, moderate or monitor this activity and you may be exposed to Content that violates our policies or is otherwise offensive.

9.6 We reserve the right to refuse to accept or refuse or cease to use any Content supplied by any person that contravenes these rules. We are merely acting as a passive conduit for such distribution.

9.7 We may remove Content from the Site for any reason, including if we determine or suspect that such Content violates these Terms of Use. If you become aware of any Content that breaches the rules, please contact us at legal@wearfigs.com, providing your full name and address, along with details of:

9.7.1 the date on which it was posted and where it can be found on the Site;

9.7.2 the username of the person who posted it;

9.7.3 reasons why the Content should be deleted; and

9.7.4 copies of any communication with the user who posted it (if any).

10. GENERAL RULES OF USER CONDUCT

10.1 It is our goal to make access to our Site a good experience for all of our users.

10.2 You may only use the Site for your own private and non-commercial use, in accordance with applicable law and these Terms of Use.

10.3 You are responsible for making all arrangements necessary for you to have access to the Site.

10.4 You must not:

10.4.1 conduct or promote any illegal activities while using the Site;

10.4.2 upload, distribute or print anything that may be harmful to minors;

10.4.3 attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;

10.4.4 attempt to gain access to secured portions of the Site to which you do not possess access rights; misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; or attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately;

10.4.5 use the Site to generate unsolicited email advertisements or spam;

10.4.6 use the Site to stalk, harass or harm another individual;

10.4.7 use any high volume automatic, electronic or manual process to access, search or harvest information from the Site (including without limitation robots, spiders or scripts);

10.4.8 interfere in any way with the proper functioning of the Site or interfere with or disrupt any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

10.4.9 use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the content contained on any such web page for commercial use without our prior express written permission;

10.4.10 impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or

10.4.11 mirror or frame the Site or any content, place pop-up windows over its pages, or otherwise affect the display of its pages.

11. FEEDBACK In the event that you provide us with any ideas, thoughts, criticisms, suggested improvements or other feedback related to any elements of the Site (collectively “Feedback”), you agree we may use the Feedback as we see fit and that you will not be due any compensation or benefit whatsoever (whether financial or otherwise). You grant to us a worldwide, royalty-free, fully paid, irrevocable license for the entire duration of the protection of such rights by any intellectual property rights to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.

12. MODIFICATIONS TO THE SITE

12.1 The Site is made available free of charge.

12.2 We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted.

12.3 Access to the Site is permitted on a temporary basis.

12.4 We reserve the right to suspend, withdraw, modify or discontinue the Site with or without notice to you, for example in the event of: (i) any technical change or update to the features, characteristics and/or functionalities of the Site; and/or (ii) any change due to any law, statutory provision, decree, order, regulation or other statutory provision or order of the Authority to the extent that such provisions are applicable to these Terms of Use. To the fullest extent permitted by applicable law, we will not be liable to you or any third party should we exercise our rights to suspend, withdraw, modify or discontinue the Site. If you object to any such modifications, your sole recourse will be to cease access to the Site.

12.5 You may need to update third-party software from time to time in order to use the Site.

13. THIRD PARTY CONTENT AND OTHER WEBSITES

13.1 Content from other suppliers, advertisers, and other third parties may be made available to you through the Site. Please note that we do not control such content. We dissociate ourselves from third party content accessed via hyperlinks and expressly do not adopt such content as our own. You understand that it is impossible for FIGS to proactively monitor such materials permanently and that you access these materials at your own risk.

13.2 We do not make any warranties, representations, endorsements or guarantees about the accuracy, currency, suitability, or quality of the information in third party content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by third parties or violation of any third-party rights related to such content.

13.3 The Site may contain links to websites that are not operated by us. You are responsible for deciding whether to access a third-party website and your use of third party websites will be governed by the terms and policies of that third party website (including but not limited to their privacy practices). We assume no responsibility for the content of websites linked to from the Site (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

14. PRIVACY POLICY For information relating to our collection, use, storage, and disclosure of your personal information please read our Non-U.S. Privacy and Cookie Policy, available here.

15. GIFT CARDS If gift cards are available to you for purchase via the Site, then additional terms and conditions will apply with regards to that contract of sale (and these will be contained in our separate FIGS Gift Card Terms and Conditions).

16. SMS MESSAGING If FIGS conducts marketing in your jurisdiction using SMS messages, you acknowledge that you have read and understood the FIGS SMS Terms and Conditions applicable to your jurisdiction for information relating to our marketing and informational text (e.g., SMS and MMS) message services. The applicable FIGS SMS Terms and Conditions is incorporated by this reference into, and made a part of, these Terms of Use.

17. DISCLAIMER OF WARRANTIES

17.1 Please note that some jurisdictions may not permit the exclusion of implied conditions or warranties or of certain liabilities, and that some of the exclusions cited herein may therefore not apply to you.

17.2 This Section does not apply to consumers resident in the United Kingdom, Spain, Germany, the Republic of Ireland, the Netherlands, Italy, France or the province of Quebec, Canada. SUBJECT TO APPLICABLE LAW TO THE CONTRARY, THIS SITE AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FIGS “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR COLLATERAL, AS TO THE OPERATION OF THIS SITE OR THE CONTENT INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

17.3 This Section does not apply to consumers resident in the United Kingdom, Spain, Germany, the Republic of Ireland, the Netherlands, Italy, France or the province of Quebec, Canada. SUBJECT TO APPLICABLE LAW TO THE CONTRARY, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL AND/OR USE OF ANY PRODUCT, UNLESS SUCH LOSS OR DAMAGE IS DUE TO THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF FIGS. SUBJECT TO APPLICABLE LAW TO THE CONTRARY, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE WILL CREATE ANY WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.

17.4 For consumers resident in the United Kingdom, one of the member states of the European Union, the Republic of Ireland, Iceland, Liechtenstein, Norway or the province of Quebec, Canada: Nothing in these Terms of Use affects your statutory rights, however, this Section will apply to the fullest extent permitted by applicable law. In the United Kingdom, advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office. In the Republic of Ireland, advice about your statutory rights is available from your local Citizens Information Centre. Equivalent centres of advice may be accessible in your country of residence.

17.5 For consumers resident in Italy: Nothing in these Terms of Use affects your rights according to the Italian Consumer Code (adopted with Legislative Decree 206/2005, as may be amended from time to time).

17.6 For consumers resident in Australia: Nothing in these Terms of use affects your statutory rights arising under the Australian Consumer Law.

18. LIMITATION OF LIABILITY

18.1 Some jurisdictions do not allow for the limitation or exclusion of liability as set out in Section 18.2, and we set these exceptions out below.

18.2 This Section does not apply to consumers resident in the United Kingdom, Spain, Belgium, Germany, the Republic of Ireland, the Netherlands, Italy or France. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND SUBJECT TO ANY NON-EXCLUDABLE CONSUMER RIGHTS YOU MAY HAVE, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO YOUR NON-EXCLUDABLE CONSUMER RIGHTS BELOW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE SHALL BE LIMITED TO FIFTY DOLLARS (U.S. $50.00).

18.3 This Section applies to consumers resident in the United Kingdom:

18.3.1 Nothing in these Terms of Use excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; and

(c) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

18.3.2 If we fail to comply with these Terms of Use, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.

18.3.3 We only supply the Site for domestic and private use. You agree not to use the Site, or any content on the Site, for any commercial or business purposes and accordingly we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18.3.4 Our total liability to you for any loss or damage arising out of or in connection with these Terms of Use, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to fifty USD ($50.00).

17.4 This Section applies to consumers resident in Australia:

18.4.1 Nothing in these Terms of use excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any loss, liability or damage caused by our negligence or wilful misconduct; and

(d) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

18.4.2 If we fail to comply with these Terms of Use, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.

18.5 This Section applies to consumers resident in Belgium:

18.5.1 YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND SUBJECT TO ANY NON-EXCLUDABLE CONSUMER RIGHTS YOU MAY HAVE, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO YOUR NON-EXCLUDABLE CONSUMER RIGHTS BELOW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE SHALL BE LIMITED TO ONE HUNDRED DOLLARS (U.S. $100.00).

18.6 This Section applies to consumers resident in Canada:

18.6.1 Some jurisdictions do not allow for the exclusion or limitation of particular types of damages or remedies, so the limitations or exclusions herein may not apply to you in their entirety but they will apply to the fullest extent permitted by applicable law. For consumers residing in the province of Quebec, nothing in these Terms of Use excludes or limits our liability for the consequences of our own actions or the actions of our representatives.

18.7 This Section applies to consumers resident in France:

18.7.1 Nothing in these Terms of Use excludes or limits our liability for:

(a) death or personal injury caused by our negligence; and

(b) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

18.7.2 If we fail to comply with these Terms of Use, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.

18.7.3 We only supply the Site for domestic and private use. You agree not to use the Site, or any content on the Site, for any commercial or business purposes and accordingly we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18.8 This Section applies to consumers resident in Germany:

18.8.1 Unless otherwise stated in these Terms of Use, we shall be liable for a breach of contractual and non-contractual obligations in accordance with the statutory provisions. We shall be liable for damages - irrespective of the legal grounds - within the framework of fault-based liability in the event of intent and gross negligence.

18.8.2 In the event of simple or slight negligence, we shall be liable, subject to statutory limitations of liability (e.g. due care in own affairs; insignificant breach of duty) only

(a) for damages arising from injury to life, body, or health (i.e. death or personal injury); and

(b) for damages arising from the breach of a material contractual obligation (the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however our liability shall be limited to compensation for the foreseeable, typically occurring damage. These limitations do not apply in case of fraud, fraudulent misrepresentation, if we have fraudulently concealed a defect, have given a guarantee of quality, or have assumed a procurement risk. Furthermore, any mandatory statutory liability, in particular under the Product Liability Act, shall remain unaffected.

18.8.3 The limitations of liability resulting from this Section 18.8 shall also apply to our executive bodies, legal representatives, employees, staff and vicarious agents and/or other persons for whose fault we are responsible in accordance with statutory provisions.

18.8.4 Subject to Sections 18.8.1 and 18.8.2, we assume no liability for any damages or losses caused by any unforeseeable, unavoidable and uncaused events beyond our reasonable control.

18.8.5 All other liability on our part is excluded.

18.9 This Section applies to consumers resident in the Republic of Ireland:

18.9.1 Nothing in these Terms of Use excludes or limits our liability for:

(a) death or personal injury caused by our act or omissions;

(b) fraud or fraudulent misrepresentation; and

(c) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

18.9.2 If we fail to comply with these Terms of Use, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.

18.9.3 We only supply the Site for domestic and private use. You agree not to use the Site, or any content on the Site, for any commercial or business purposes and accordingly we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18.9.4 Our total liability to you for any loss or damage arising out of or in connection with these Terms of Use, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to fifty Euros (€50.00).

18.10 This Section applies to consumers resident in Italy:

18.10.1 Nothing in these Terms of Use excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; and

(c) any matter in respect of which it would be unlawful for us to exclude or restrict our liability according to the applicable law.

18.10.2 We only supply the Site for domestic and private use. You agree not to use the Site, or any content on the Site, for any commercial or business purposes and accordingly we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18.11 This Section applies to consumers resident in the Netherlands:

18.11.1 Nothing in these Terms of Use excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; and

(c) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

18.11.2 If we fail to comply with these Terms of Use, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.

18.11.3 We only supply the Site for domestic and private use. You agree not to use the Site, or any content on the Site, for any commercial or business purposes and accordingly we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18.11.4 Our total liability to you for any loss or damage arising out of or in connection with these Terms of Use, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to fifty Euros (€50.00).

18.12 This Section applies to consumers resident in Spain:

18.12.1 Nothing in these Terms of Use excludes or limits our liability for:

(a) gross negligence or wilful misconduct;

(b) death or personal injury caused by our negligence;

(c) fraud or fraudulent misrepresentation; and

(d) any other matter in respect of which it would be unlawful for us to exclude or restrict our liability.

18.12.2 If we fail to comply with these Terms of Use, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable, or which, where foreseeable, it was unavoidable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.

18.12.3 We only supply the Site for domestic and private use. You agree not to use the Site, or any content on the Site, for any commercial or business purposes and accordingly we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18.12.4 Our total liability to you for any loss or damage arising out of or in connection with these Terms of Use, whether for contractual liability (including under any indemnity), extra-contractual liability (including negligence) or otherwise shall be limited to fifty USD ($50.00).

19. INDEMNIFICATION

19.1 This Section 19 does not apply to consumers resident in the United Kingdom, Spain, Germany, the Republic of Ireland, Canada, and France.

19.2 To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless FIGS, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents (“FIGS Parties”), from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' or legal fees and court costs) that such parties may incur as a result of or arising from:

19.2.1 your unauthorised use of or misuse of the Site;

19.2.2 your violation of any portion of these Terms of Use;

19.2.3 your violation of any rights of any other person or entity; or

19.2.4 any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site.

19.3 You are not obligated to indemnify the FIGS Parties under Section 19.2 for any claim arising out of FIGS' negligence or wilful misconduct.

19.4 FIGS reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences.

20. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

20.1 It is FIGS’ policy to terminate Site access and privileges of any user who repeatedly infringes copyright upon prompt notification to FIGS by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, we ask that you please provide our Copyright Agent (as set out below) with the following information:

20.1.1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

20.1.2 a description of the copyrighted work that you claim has been infringed;

20.1.3 a description of the location on the Site of the material that you claim is infringing;

20.1.4 your address, telephone number and e-mail address;

20.1.5 a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

20.1.6 a statement by you 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.

20.2 Contact information for FIGS’ Copyright Agent for notice of claims of copyright infringement is as follows: FIGS, Inc., Attn: Legal, 2834 Colorado Ave, Suite 100, Santa Monica, CA 90404, legal@wearfigs.com.

20.3 Section 20.1 does not affect your rights under applicable law.

21. ELECTRONIC COMMUNICATIONS

21.1 We can only give you the benefits of our service by conducting business through the Internet. By using our Site, you agree all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. (This does not concern marketing communications, and required consents for those, which are detailed in and governed by our Non-U.S. Privacy and Cookie Policy, available here.)

21.2 The foregoing does not affect your non-waivable rights.

21.3 You will receive a copy of these Terms of Use by registering an Account on this Site.

21.4 Please keep us informed of any changes in your email or mailing address so that you continue to receive these Communications without interruption.

22. NON-U.S. USERS

22.1 This Site can be accessed from countries around the world and may contain references to features, services and products that are not available in your country. These references do not imply that FIGS intends to announce such features, services or products in your country.

22.2 The Site is controlled and offered by FIGS from its facilities in the United States of America. If we direct the Site to (and/or pursue our commercial or professional activities in relation to the Site in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Use affects your rights as a consumer to rely on such mandatory provisions of local law.

22.3 This Section applies to you if you are a consumer resident in Australia. The Australian Consumer law conveys specific remedies for Australian consumers. If you are an Australian consumer, nothing in these Terms of use affects any non-excludable rights conferred to you as a consumer under the Australian Consumer Law. For the avoidance of doubt, references in these Terms of use to the "Australian Consumer Law" refer to Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended from time to time.

23. SUSPENSION AND TERMINATION

23.1 You may terminate your Account for convenience at any time by following the instructions on the Site. We may terminate your Account for convenience with reasonable notice. Our right to terminate your Account for good cause, as set out in Section 23.2 below, remains unaffected.

23.2 If we become aware of any possible violations, or if we determine that you breached any portion of these Terms of Use or have otherwise demonstrated conduct inappropriate for our Site, we reserve the right to (without limitation):

23.2.1 investigate your behaviour, including your possible violations;

23.2.2 issue a warning to you;

23.2.3 temporarily or permanently remove any Content uploaded by you to the Site;

23.2.4 temporarily or permanently deactivate or suspend access to your Account;

23.2.5 temporarily or permanently withdraw your right to use or access the Site in whole or in part;

23.2.6 refer the matter to, and cooperate with any and all applicable legal authorities;

23.2.7 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);

23.2.8 disclose any information to law enforcement authorities as we reasonably feel is necessary and/or in order to comply with applicable law, legal processes or governmental requests; and

23.2.9 pursue any other legal action against you that we deem to be appropriate.

24. GENERAL

24.1 Assignment. These Terms of Use and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without FIGS’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

24.2 Language. The parties hereto have expressly requested that these Terms of Use and any ancillary document be drafted in the English language. Les parties aux présentes ont expressément requis que les présentes modalités et tout document y afférant soient rédigés en langue anglaise.

24.3 Questions and Complaints. If you believe that FIGS has not adhered to these Terms of Use, please contact FIGS by emailing us at stat@wearfigs.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you are a consumer in France, then pursuant to the applicable provisions of the Consumer Code relating to "Consumer Alternative Dispute Resolution process" L611-1 et seq., FIGS offers you effective access to an alternative dispute resolution program. The proposed alternative dispute resolution entity is CEDR. If we cannot resolve a dispute using our internal complaint handling procedure or if you are not happy with the solution provided by our internal complaint service and your claim is less than one (1) year old, you can address your claim to CEDR by post at the following address 100 St. Paul's Churchyard, London EC4M 8BU or electronically directly at the following address: www.cedr.com. If you are a consumer resident in a European Union Member State, and you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

24.4 Force Majeure. This Section does not apply to consumers resident in Germany. Without limiting the foregoing provisions of these Terms of Use, under no circumstances will FIGS be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of transportation facilities, fuel, energy, labour or materials, fires, floods, storms, explosions, acts of God, pandemics, war, acts of civil or military authorities, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

24.5 Waiver. Any waiver or failure to enforce any provision of the Terms of Use by us on one occasion will not be deemed our waiver of any other provision or of such provision on any other occasion.

24.6 Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable by a court or relevant authority, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

25. GOVERNING LAW AND JURISDICTION

25.1 Except to the extent prohibited by applicable law, these Terms of Use are governed by English law. This means that your access to and use of the Site and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.

25.2 You may bring any dispute which may arise under these Terms of Use, at your discretion, to either the competent court of England, or to the competent court of your country of elective domicile or habitual residence if this country is within the UK or is an EU Member State or Canada, in which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms of Use to the competent court of your country of elective domicile habitual residence if this country is within the UK or is an EU Member State or otherwise the competent court of England.

25.3 If you are a consumer and are resident in the UK, the European Union, or Canada and we direct the Site to (and/or pursue our commercial or professional activities in relation to the Site in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Use affects your rights as a consumer to rely on such mandatory provisions of local law.

25.4 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.