Terms & Conditions

BY PURCHASING AND/OR USING THE PRODUCT YOU ARE AGREEING TO THESE TERMS & CONDITIONS AS DETAILED BELOW, INCLUDING, BUT NOT LIMITED TO, THE TERMS OF THE MONEY BACK GUARANTEE, THE ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS & CONDITIONS AS PRESENTED HERE, PLEASE DO NOT ORDER, DO NOT PURCHASE AND/OR DO NOT USE ZEMO BRANDS, LLC PRODUCTS. THESE TERMS & CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

MONEY BACK GUARANTEE REFUND POLICY

Only one (1) refund per person/household will be processed.

Refund for the one-time purchase of product: within 30 days from the date of purchase. Request your refund of the purchase price and standard shipping and handling charges by calling us at (424) 354-1184‬ (Monday – Friday, 9:00 AM to 6:00 PM PST).

Refund for the purchase of product through our subscription service (continuous automatic monthly shipments): if for any reason you are not satisfied with the product, to receive a full refund of the most recent subscription related charges to your account, within 30 days from the date of purchase (the date your credit card associated with your program membership was charged) request to cancel your subscription and receive your refund by calling us at (424) 354-1184‬ (Monday – Friday, 9:00 AM to 6:00 PM PST). A refund will be issued to the credit card on file that is associated with your subscription program membership. Please note that a request for a refund will result in the cancellation of your membership in the subscription service for that product and all future automatic shipments of that product will cease.

Refund for the purchase of multiple packages of the same product purchased at the same time: if for any reason you are not satisfied with the product, to receive a full refund of the purchase price and shipping and handling charges (if applicable), simply return all unopened and undamaged packages/containers pursuant to the RETURN INSTRUCTIONS in the next paragraph postmarked by the 30th day from your date of purchase. Limitations apply if more than five (5) packages are purchased at one time. ***Pre-paid shipping labels will be provided (see details in next paragraph).

RETURN INSTRUCTIONS

Please note that your return must be postmarked by the 30th day from your DATE OF PURCHASE in order to receive your full refund. Please allow up to three (3) weeks from the date we receive your return for processing. To request a pre-paid shipping label for your return, please contact Customer Service at (424) 354-1184‬ (Monday – Friday, 9:00 AM to 6:00 PM PST) and provide the agent with your purchase information and a valid email address (if you do not have access to a valid email address or you do not want to provide an email address, additional arrangements will be made to provide you with a pre-paid shipping label, please speak with a customer service representative for more details) (please review our Privacy Policy prior to providing your email address). The pre-paid shipping label will be emailed to you as a PDF attachment. For efficient return and refund processing, please make sure to return the product within 10 days of receiving the label. Using the pre-paid shipping label, please ship your return via USPS to: 6355 Topanga Canyon Blvd. Suite 430, Woodland Hills CA 91367 and include within the package your first and last name, address and order number (located on front side of the sales receipt) for accurate and timely processing. Kindly package your return using the original packaging (recommended if available) or a sturdy box to ensure your return is not damaged in transit. We cannot be responsible for items that never reach our warehouse, or do not include customer information. If you intend to return late (postmarked after the 75th day from your date of purchase) or incomplete product, please call us at (424) 354-1184‬ (Monday – Friday, 9:00 AM to 6:00 PM PST) prior to sending the product to receive additional instructions. Shipping and handling refunds are limited to the standard delivery option of $7.99. Additional shipping costs for premium shipping options, shipping and handling fees related to free and promotional samples and product, and international shipping fees are not refundable.

ZEMO Brands, LLC makes every effort to ensure customer orders are received in a timely fashion.

All Standard orders may require up to 2 business days for processing. All Expedited and Express orders may require 1 business day for processing. Business days are defined as Monday through Friday, excluding holidays. Please note, all delivery times are estimates and ZEMO Brands, LLC is not responsible for delays due to weather, delivery carrier factors, customer error, holiday-related delays, or any other unforeseen factors.

Automatic monthly shipments to members of the subscription program are shipped via standard shipping and are processed on a recurring basis approximately every 30 days based on the date of enrollment in the program and program details. If free shipping is offered on automatic monthly shipments, it’s limited to the U.S. standard shipping, however, customers may purchase another delivery method at the specified cost.

While ZEMO Brands, LLC makes every effort to adhere to these guidelines, these Shipping Terms and Conditions are in no way a promise or guarantee of delivery time or shipping method. Most Express and Expedited couriers make deliveries Monday through Friday only; ZEMO Brands, LLC does not offer weekend delivery. ZEMO Brands, LLC is unable to provide estimates for International shipping times and is not responsible for customs or other fees imposed by the destination country. Alaska and Hawaii orders are subject to surcharge of $4.99 on some shipping methods.

For returns or refunds related to product purchased from third-party vendors, including retail locations, please see the seller’s return and refund policies.

Sales on Amazon.com: ZEMO Brands, LLC and Amazon.com are the only authorized sellers of Zelmin’s Minty Mouth on Amazon®. To ensure the quality and authenticity of your product purchase and avoid the risk of buying liquidated, damaged, expired or soon to be expired, or not authentic product, buy only from an authorized seller. Because ZEMO Brands, LLC cannot guarantee the quality and authenticity of the product being sold by unauthorized resellers, purchases made from unauthorized resellers are not covered by ZEMO Brands, LLC's money back guarantees and all returns or questions regarding such orders must be directed to the unauthorized reseller the product was purchased from. (Amazon is not affiliated with Zelmin's Minty Mouth, ZEMO Brands, LLC, or zelmins.com)

CONTINUITY PROGRAM

“FOREVER FRESH” SUBSCRIPTION PROGRAM (CONTINUOUS AUTOMATIC MONTHLY SHIPMENTS)

The “Forever Fresh” subscription program is limited to U.S. orders only, including U.S. territories. Members who have enrolled in the subscription program have agreed to automatic monthly shipments of product from ZEMO Brands, LLC and automatic charges for those shipments to a designated credit card that the customer has provided and that is linked to the customer’s subscription program account. The customer’s membership in the subscription program and the automatic monthly shipments and billing will continue uninterrupted until cancelled by the customer, or until terminated by ZEMO Brands, LLC. The customer can cancel their membership in the subscription program and stop future shipments and charges at any time by calling Customer Care (Monday – Friday, 9:00 AM to 6:00 PM PST) at (424) 354-1184‬ or by emailing us using the form found here (choose “Subscription Cancellation” as the subject matter for the email in the form provided). There are no long-term commitments or minimum purchase requirements associated with the subscription program. The customer may also request that the shipping frequency be changed by calling Customer Care at (424) 354-1184‬. All requests to change will be accommodated when possible, however, limitations may apply. ZEMO Brands, LLC may, in its sole discretion, terminate the customer’s membership in the program at any time without notice.

Members who have enrolled in the subscription program by signing up to receive a free trial sample of product may cancel their membership and stop the first non-trial sample shipment of product at any time during the trial period by calling Customer Care at (424) 354-1184‬. The length of the trial period will vary depending on the offer the customer signed up for – customers should call Customer Care at (424) 354-1184‬ if they have any questions. If cancelled during the trial period the customer’s credit card will not be charged (other than the initial shipping and handling charges related to the free trial sample, if applicable).

All customers who enroll in the subscription program will be required to provide ZEMO Brands, LLC with a valid credit card number to keep on file linked to the customer’s account.. THE MONTHLY CHARGES FOR THE AUTOMATIC PRODUCT SHIPMENTS WILL BE CHARGED TO THE CUSTOMER’S ACCOUNT CREDIT CARD. THE PRODUCT SHIPMENTS WILL BE AUTOMATICALLY PROCESSED MONTHLY AND THE CUSTOMER’S CREDIT CARD WILL BE CHARGED AT THAT TIME. IF A CUSTOMER WISHES TO CANCEL THEIR PARTICIPATION IN THE SUBSCRIPTION PROGRAM AND STOP FUTURE SHIPMENTS OF PRODUCT THEY MAY DO SO AT ANY TIME BY CALLING CUSTOMER CARE AT (424) 354-1184‬, WITHIN FIVE (5) DAYS OF WHEN THE NEXT SUBSCRIPTION SHIPMENT IS DUE TO SHIP. The customer is required to provide accurate and current billing and contact information to enroll in the subscription program. The customer is responsible for keeping this account related billing and contact information updated and current. Updates, such as billing or shipment address or credit card number or expiration date, can be made by calling Customer Care at (424) 354-1184‬. If the customer fails to update their billing information ZEMO Brands, LLC reserves the right in its sole discretion to terminate the customer’s subscription program membership and future shipments of product without notice.

ZEMO Brands, LLC reserves the right in its sole discretion to terminate any subscription program account without notice, or to refuse to fulfill any unpaid order, or cancel and refund any paid order of product to any customer at any time.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

By purchasing and/or using the product you are agreeing to enter into an arbitration agreement with ZEMO Brands, LLC regarding any disputes that may arise as a result of such purchase and/or use. Under this agreement, you and ZEMO Brands, LLC agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between you and ZEMO Brands, LLC, including disputes against any agent or affiliate, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and ZEMO Brands, LLC agree that any question as to whether the dispute, or any part of the dispute, between you and ZEMO Brands, LLC is arbitrable is to be determined solely by the arbitrator using their discretion. You and ZEMO Brands, LLC agree that the results of such arbitration shall be confidential, unless disclosure is required for enforcement purposes or for a judgment to be entered thereon. If disclosure of the results is required for enforcement purposes or for a judgment to be entered thereon, then disclosure shall be limited to only the information necessary to accomplish such purpose.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.

In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award generally the same relief that a court can award. Under the terms of this agreement, if an arbitration proceeding is initiated, the arbitration will be administered by the American Arbitration Association (“AAA”) and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 778-7879. If you initiate arbitration, ZEMO Brands, LLC will promptly reimburse you for any standard filing fee which may have been required under AAA’s procedures once you have notified ZEMO Brands, LLC in writing and provided a copy of the arbitration proceedings. The prevailing party in the arbitration may be awarded attorneys’ fees, costs and reimbursement of filing fees. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.

There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against ZEMO Brands, LLC and may not preside over any kind of representative or class proceeding against ZEMO Brands, LLC. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST ZEMO  BRANDS, LLC. IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

This Arbitration Agreement and Class Action Waiver shall survive termination of this agreement and the termination of your ZEMO Brands, LLC subscription program membership.

The statements on this website have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease.

© 2019 ZEMO Brands, LLC. All Rights Reserved.

Last updated: July 2019


WEBSITE PRIVACY POLICY & TERMS OF USE

PRIVACY POLICY, GENERAL

ZEMO Brands, LLC (hereinafter referred to as “ZEMO Brands, LLC”, “we” or “us” in this Privacy Policy) respects the privacy of your personally identifiable information. This Privacy Policy provides information about what personally identifiable information ZEMO Brands, LLC  collects and how we use that information. This Privacy Policy also provides instructions on what to do if you do not want your personally identifiable information collected or shared when you visit our websites, contact our company or respond to our advertisements and promotions.

IF YOU DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY AS PRESENTED HERE, PLEASE DO NOT USE THE WEBSITE OR SUBMIT ANY INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION, TO ZEMO Brands, LLC .

WHAT INFORMATION WILL ZEMO BRANDS, LLC  COLLECT?

ZEMO Brands, LLC , through your interactions with our company, for example, when you purchase one of our products, participate in a survey, visit our website or enter one of our promotional contests, collects personally identifiable information from you (such as your name, address, telephone number or email address). In some cases, we may collect information online about you that is non-personally identifiable. Examples of this type of information include the type of internet browser you are using, the type of computer operating system you are using and the domain name of the website from which you linked to our website, promotion or advertisement.

HOW WILL ZEMO BRANDS, LLC  USE AND DISCLOSE THE PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT?

We recognize that by providing us with personally identifiable information, you are demonstrating your trust in ZEMO Brands, LLC and our brands and we take that trust very seriously. We collect and use this information to better understand your needs and the ways in which we can improve our products, services and websites and to send you product information and special promotional offers from ZEMO Brands, LLC that we think may be of interest to you. To assist us in our efforts to provide you with product information and promotional offers, we may share your information with other companies or organizations not associated with ZEMO Brands, LLC for marketing purposes. We may also use and augment the information we collect with information that we obtain from other sources, such as public databases, social media platforms and other third parties. To that end, we may contact you directly and we may disclose personally identifiable information to related entities and marketing partners in support of joint marketing and promotional activities, to third party agents responsible for administering such marketing and promotional activities on our behalf and to other companies and organizations for their own marketing purposes. We expect the organizations with which we share personally identifiable information for these purposes to have policies regarding personally identifiable information consistent with our Privacy Policy or to abide by our policies respecting personally identifiable information disclosed to them. We reserve the right at all times to disclose any information where required or permitted by law, including protecting the interests of ZEMO Brands, LLC.

YOUR ACCOUNT

If you use this website and create an account, you are responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account with the use of your password.

“COOKIES” – USE OF COOKIES (AND PIXELS)

Like many websites, we use “cookies” and “pixels”, and when you view one of our websites, promotions or online advertisements, we may use a cookie (which is a data file placed on a web browser) (or a pixel, which operates in a similar manner to a cookie) to facilitate site navigation, personalize your experience, and optimize and personalize advertisements, or allow third parties to personalize advertisements to you. The information collected does not contain any personally identifiable information but enables us to communicate more meaningfully with you. Third-party vendors may pool the anonymous information that they collect from our website with other sources of information, which may include personally identifiable information, such as your name and mailing address, for purposes of providing you with promotional material through direct mail. These cookies also enable you to use our websites more efficiently. With most internet browsers, you can erase cookies from your hard drive, block cookies or receive a warning before a cookie is stored on your computer. Please refer to your browser’s help screen, browser instructions or www.allaboutcookies.org to learn more about these functions. Additionally, information about opting out of cookie-based Internet advertising can be found via the following links – http://optout.networkadvertising.org and/or https://www.neustar.biz. However, please keep in mind that these technologies are an important part of how the website works; removing, rejecting or limiting the use of cookies or other similar technologies might affect the availability and functionality of the website.

WHAT IF I DO NOT WANT MY PERSONALLY IDENTIFIABLE INFORMATION COLLECTED, DISCLOSED OR USED?

If you do not want your personally identifiable information collected, please either: (i) follow the procedures, where available, indicated at the point of collection to “opt out” so that your personally identifiable information is not collected; or (ii) where an “opt out” is not offered, do not submit personally identifiable information to us. If you have submitted personally identifiable information and wish to withdraw your consent to its retention, use or disclosure, please contact us at support@zelmins.com. You may withdraw your consent, subject to legal or contractual restrictions and reasonable notice.

EMAIL OPT-OUT

Unsubscribe by clicking the link provided in the email message or email us at support@zelmins.com to remove yourself. Please allow up to 10 days for us to process your request.

Please note, if you opt not to receive marketing emails from ZEMO Brands, LLC, you may still receive “Transactional” email messages regarding your order (i.e. order confirmation, shipping information, customer service notifications, etc.).

TEXT MESSAGE OPT-OUT

TO STOP RECEIVING MOBILE ALERTS & PROMOTIONAL TEXT MESSAGES from ZEMO Brands, LLC, simply text “STOP” in response to any text message you receive from ZEMO Brands, LLC. Your number will be removed from our subscription list.

DIRECT MAIL OPT-OUT

To opt-out of receiving our direct mail, you may send us an email at support@zelmins.com or call us at (424) 354-1184‬.

TARGETED ADVERTISING – COOKIE OPT-OUT

As stated above, this website uses targeted advertising technology through the use of Cookies and other Internet-based technology. If you prefer not to receive targeted advertising while browsing our website you may opt out by adjusting your browser settings, using http://optout.networkadvertising.org and/or https://www.neustar.biz, or, in some cases, by clicking the AdChoices icon that may appear in some advertisements.

“AMAZON PIXELS” – USE OF AMAZON REMARKETING AND CONVERSION PIXEL

This website uses Amazon remarketing and conversion pixels to help advertisers better reach their intended audience and measure the success of their advertising campaigns that are run through Amazon. Through the use of this service provided by Amazon, third-parties, including Amazon, may place and use pixels on this website to show interest-based ads to visitors to this website on sites across the internet. You can choose to opt out of receiving interest-based ads from Amazon by visiting the Amazon Advertising Preferences page or by visiting the Digital Advertising Alliance’s opt-out page.

WHAT ABOUT CHILDREN?

ZEMO Brands, LLC has no intention of collecting personally identifiable information from individuals under thirteen (13) years of age. Where appropriate, we will specifically instruct children NOT to provide such information to us. If a child has provided us with personally identifiable information, we ask that a parent or guardian of the child contact us at support@zelmins.com or (424) 354-1184‬ to request that this information be deleted immediately from our records. We will use reasonable efforts to delete the child’s information from our existing files. This Privacy Policy applies to the United States and is governed by the laws of United States applicable therein. You may contact us at support@zelmins.com with any questions or concerns or for more information concerning our privacy policies and procedures.

WEBSITE TERMS OF USE

This website (the “Site”) is owned and operated by ZEMO Brands, LLC. Access to and use of the Site is subject to the terms and conditions of these Terms of Use, all notices of copyright contained on the Site and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE FOLLOWING TERMS OF USE, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AS PRESENTED HERE, PLEASE DO NOT USE THE SITE. ZEMO Brands, LLC reserves the right to change these Terms of Use from time to time by updating this posting. Your continued use of the Site following the posting of any changes to these Terms of Use shall constitute your acceptance of those changes.

The materials used and displayed on the Site, including, but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks, and service marks, except where noted, are the property of ZEMO Brands, LLC and are protected by copyright, trademark and other laws. The compilation of all content on this site is the exclusive property of Company and is protected by United States and international copyright laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to reproduce, modify, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the express written permission of ZEMO Brands, LLC.

When you visit the Site, purchase a product from the Site, or send e-mails to us, you are communicating with us electronically, and in turn, you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

ZEMO Brands, LLC will use reasonable efforts to include accurate and up-to-date information on this Site but makes no warranties or representations as to its accuracy.

The Site is provided on an “as is” basis without warranties of any kind, whether express or implied, including, but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by, and incapable of exclusion, restriction or modification under the laws applicable to this agreement. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Neither ZEMO Brands, LLC nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, punitive or similar damages arising out of your access or use of, or your inability to access or use, the Site.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Communications or materials transmitted to the Site via the Internet are subject to alteration or interception by third parties. Although ZEMO Brands, LLC will treat your information as confidential, we cannot guarantee absolute confidentiality.

CUSTOMER FEEDBACK

ZEMO Brands, LLC is pleased to hear from its customers and welcomes your feedback regarding its products and the Site. If you choose to communicate with ZEMO Brands, LLC, ZEMO Brands, LLC may post your feedback of products, comments, suggestions, or other material, so long as the content of your submission is not unlawful, threatening, abusive, defamatory, invasive of privacy, obscene, inappropriately sexually explicit, fraudulent or otherwise deemed to be, in the sole discretion of ZEMO Brands, LLC potentially objectionable to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your submission. ZEMO Brands, LLC reserves the right (but not the obligation) to monitor, edit and remove any submission. By posting or sending us any submission, you grant ZEMO Brands, LLC a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable right to use, reproduce, modify, publish, adapt, translate, create derivative works from, distribute, and display such submission throughout the world in any media. You also grant ZEMO Brands, LLC the right to use the name you submit in connection with such submission. By posting or sending us a submission, you represent and warrant that you own or otherwise control all of the rights to the content in your submission, that the content you provide is true and accurate, and that use of the content in your submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify ZEMO Brands, LLC against all claims and liabilities resulting from your submission. ZEMO Brands, LLC does not take any responsibility and assumes no liability for any submission posted by you or any other person or entity.

The third party websites to which the Site links are not under the control of ZEMO Brands, LLC. Accordingly, ZEMO Brands, LLC makes no representations concerning the accuracy, operation or content of those websites. Provision of the link is not an endorsement, authorization, sponsorship, or affiliation by ZEMO Brands, LLC.

Notice for California Residents. Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Site, you may contact ZEMO Brands, LLC in writing at 6355 Topanga Canyon Blvd. Suite 430, Woodland Hills CA 91367, send an email to support@zelmins.com or call us at (424) 354-1184‬. In the event your complaint is not resolved, California residents may bring the complaint to the attention of The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

By using the Site you are agreeing to enter into an arbitration agreement with ZEMO Brands, LLC regarding any disputes that may arise as a result of such use. Under this agreement, you and ZEMO Brands, LLC agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between you and ZEMO Brands, LLC, including disputes against any agent or affiliate, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and ZEMO Brands, LLC agree that any question as to whether the dispute or any part of the dispute, between you and ZEMO Brands, LLC is arbitrable is to be determined solely by the arbitrator using their discretion. You and ZEMO Brands, LLC agree that the results of such arbitration shall be confidential unless disclosure is required for enforcement purposes or for a judgment to be entered thereon. If disclosure of the results is required for enforcement purposes or for a judgment to be entered thereon, then disclosure shall be limited to only the information necessary to accomplish such purpose.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.

In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award generally the same relief that a court can award. Under the terms of this agreement, if an arbitration proceeding is initiated, the arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 778-7879. If you initiate arbitration, ZEMO Brands, LLC will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified ZEMO Brands, LLC in writing and provided a copy of the arbitration proceedings. The prevailing party in the arbitration may be awarded attorneys’ fees, costs, and reimbursement of filing fees. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.

There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against ZEMO Brands, LLC and may not preside over any kind of representative or class proceeding against ZEMO Brands, LLC. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST ZEMO BRANDS, LLC IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Last updated: July 2019