Terms And Conditions for Rest of World Consumers

16. MISCELLANEOUS

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

16.2 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.

16.3 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).

16.4 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.

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

16.6 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.

16.7 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:

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

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

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

16.7.4 respond to your support requests; or

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

16.8 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:

16.8.1 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

16.8.2 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.

16.9 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.

16.10 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.

16.11 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: 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 ordering Merchandise for delivery outside of the U.S., Australia, Canada, EU, Israel, New Zealand or UK. If you are a consumer resident within the U.S. Australia, Canada, EU, Israel, New Zealand or UK, then 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 within 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 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) 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 reserve the right to modify these Terms of Use at any time. If you reside in the Philippines and have registered for an Account (please see clause 3.1 below), we will provide you with prior notice by sending notice to the last email address you have provided to us and your continued use of any service following such notification of any amendment shall indicate your acceptance of any and all such changes.

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) 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;

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 colors, as accurately as possible. However, the displayed colors of the goods will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors 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. By participating in such promotion, you 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.

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.

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) 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 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 represent and warrant 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 communications with the user who posted it (if any).

10. GENERAL RULES OF USER CONDUCT

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

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

10.3 It is our goal to make access to our Site a good experience for all of our users. You represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, or use or access the Site for any purposes other than for which the Site is being provided to you, or do any of the following:

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

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

10.3.3 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;

10.3.4 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;

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

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

10.3.7 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);

10.3.8 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;

10.3.9 use any robot, spider, crawler 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;

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

10.3.11 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 any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or our products (collectively “Feedback”), you agree we may use the Feedback to modify our Site and/or our products and that you will not be due any compensation, including any royalty. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license 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 We reserve the right to modify or discontinue the Site with or without notice to you. To the full extent permitted by law, we will not be liable to you or any third party should we exercise our right to modify or discontinue the Site. You may need to update third-party software from time to time in order to use the Site. If you object to any such changes, your sole recourse will be to cease access to the Site. Continued access to the Site following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site as so modified. You agree that we, in our sole discretion and exercised reasonably, may immediately terminate your access to the Site at any time, for any reason. Any such termination will be considered mutually consented to. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE. Our right to termination under these Terms of Use may be exercised without the need for a court order or further notice. All provisions of the Terms of Use which by their nature should survive, shall survive termination of our relationship, including without limitation, ownership provisions, warranty disclaimers, limitation of liability and dispute resolution.

13. THIRD PARTY CONTENT AND OTHER WEBSITES

13.1 Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Site. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any warranties, representations, endorsements or guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Site may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Site you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Site. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Site may contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.

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. REFER A FRIEND FIGS may, from time to time, offer our customers and users of our Site the opportunity to receive rewards toward future purchases from the FIGS Site by referring other real people (“FIGS Refer-a-Friend Program”). If FIGS makes the FIGS Refer-a-Friend Program available in your jurisdiction, you acknowledge that you have read and understood the FIGS Refer A Friend Terms and Conditions for information related the FIGS Refer-a-Friend Program.

18. DISCLAIMER OF WARRANTIES

18.1 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, ANY WARRANTIES OR CONDITIONS OF QUALITY, DURABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

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 ASPECT OF THE SITE, UNLESS SUCH LOSS OR DAMAGE IS DUE TO THE WILLFUL MISCONDUCT OF FIGS. 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.

18.2 LIMITATION OF LIABILITY. 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, 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 INDEMNIFICATION. 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: (i) your unauthorised use of, or misuse of, the Site ; (ii) your violation of any portion of these Terms of Use; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site. FIGS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences.

18.4 LIMITATION PERIOD. TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW, YOU AND FIGS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

19. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is FIGS’ policy to terminate Site 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, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Site of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (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 (6) 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. Contact information for FIGS’s 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. ELECTRONIC COMMUNICATION

We can only give you the benefits of our Site by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section informs you of your rights when receiving Communications from us electronically. For contractual purposes, by using our Site, you (i) consent to receive communications from us in an electronic form and as further described in our Non-U.S. Privacy and Cookie Policy; and (ii) agree that 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. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must stop using the Site. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

21. SUSPENSION AND TERMINATION

21.1 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 21.2 below, remains unaffected. Any such termination will be considered mutually consented to. Our right to termination under these Terms of Use may be exercised without the need for a court order or further notice.

21.2 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):

21.2.1 investigate your behaviour, including your possible violations;

21.2.2 issue a warning to you;

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

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

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

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

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

21.2.8 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

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

22. GENERAL

22.1 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.

22.2 Choice of Language. It is the express wish of the parties that these Terms of Use and all related documents have been drawn up in English.

22.3 Force Majeure. 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.

22.4 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.

22.5 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.

22.6 Notice. Where FIGS requires that you provide an e-mail address, you are responsible for providing FIGS with your most current e-mail address. In the event that the last e-mail address you provided to FIGS is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms of Use, you agree that FIGS’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to FIGS at the following address: 2834 Colorado Ave, Suite 100, Santa Monica, CA 90404 and by e-mailing legal@wearfigs.com. Such notice shall be deemed given when received by FIGS by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

22.7 Survival. All disclaimers, and exclusions in these Terms of Use shall survive termination or expiry of these Terms of Use..

22.8 Entire Agreement. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

23. DISPUTE RESOLUTION – BINDING ARBITRATION AGREEMENT

23.1 Dispute Resolution, Mandatory Arbitration, Class Action and Jury Trial Waiver. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with FIGS and limits the manner in which you can seek relief from us. The terms “FIGS,” “we” or “us” when used in this Arbitration Agreement are defined to include the FIGS Parties.

23.2 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site or to these Terms of Use, or to any aspect of your customer relationship with FIGS, will be resolved by binding arbitration, rather than in court, except that (1) you or we may assert claims in small claims court if the claims qualify and remain solely in such court; and (2) you or FIGS may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms of Use or any prior version of these Terms of Use.

23.3 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, National Registered Agents, Inc. 160 Greentree Dr. Ste 101, Dover, DE 19904. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, FIGS will pay them for you. In addition, FIGS will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

23.4 Authority of Arbitrator. The arbitrator shall have exclusive authority to (A) determine the scope and enforceability of this Arbitration Agreement and (B) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and FIGS. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms of Use (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and FIGS.

23.5 Waiver of Jury Trial. YOU AND FIGS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and FIGS are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

23.6 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then that claim for relief, and only that claim for relief, must be severed from the arbitration and brought into the state or federal courts located in Los Angeles County, California. All other claims shall be arbitrated.

23.7 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: legal@wearfigs.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your FIGS username (if any), the email address you used to set up your FIGS account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with any of the FIGS Parties, or that may enter into in the future, with any FIGS Parties.

23.8 This Arbitration Agreement will survive the termination of the Terms of Use or the termination of your relationship with FIGS.

23.9 Notwithstanding any provision in the Terms of Use to the contrary, we agree that if FIGS makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing FIGS at the following email address: legal@wearfigs.com.

23.10 If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

23.11 Release. You hereby release the FIGS Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms of Use or your use of the Site.

24. GOVERNING LAW

Unless otherwise stated below, the Terms of Use and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.