PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 13 WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. These Terms apply to your access to, and use of, the website of House of Borel, LLC (“House of Borel”, “we,” or “us”), including but not limited to your purchase of products through our website.

BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR WEBSITE. If you are using our website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to be responsible to us if you or the entity violate these Terms. These Terms do not alter in any way the terms or conditions of any other agreement you may have with House of Borel for products, services or otherwise. We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by providing notice through our website or updating the “Last Updated” date at the top of these Terms.

Your continued use of our website will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to and use of our website. If you do not agree to any amended Terms, you must stop accessing and using our website.

1. Eligibility, Registration and Account Our website is not targeted towards, not intended for use by, anyone under the age of 13. If you are under the age of 13, you are not permitted to register for an account or otherwise access or use our website. If you are between the ages of 13 and 18, you may access and use our website only under the supervision of a parent or legal guardian who agrees to be bound these Terms. By accessing and using our website, you represent and warrant that you (a) have not previously been suspended or removed from our website; (b) do not have more than one account with us; and (c) have full power and authority to enter into these Terms and that doing so will not violate any other agreement to which you are a party. In order for you to access our website, you will need to request a key from us.

We reserve the right to distribute keys in our sole discretion. In the event you receive a key, you agree that such key is provided for your individual use only and you agree to keep it confidential. After receiving a key, you will be required to register for an online account with us. By creating an account, you agree to: (w) provide accurate, current and complete account information; (x) maintain 1 113974-0002/LEGAL125178056.9 and promptly update your account information to keep it accurate, current and complete; (y) maintain the security of your account and accept all risks of unauthorized access to your account; and (z) promptly notify us if you discover or otherwise suspect any security breaches related to your account or our website.

2. Privacy Policy Please refer to our Privacy Policy for information about how we collect, use and disclose information about our users.

3. Additional Terms If you purchase products through our website, additional terms will apply, such as our Terms of Sale and Return Policy. These Terms of Sale and Return Policy are subject to change, so we encourage you to review the Terms of Sale and Return Policy each time you make a purchase.

4. Copyright and Limited License Unless otherwise indicated, our website and all content and other materials contained therein, including, without limitation, the House of Borel logo and all designs, text, graphics, pictures, information, data, other files, and the selection and arrangement thereof, (collectively, “House of Borel Materials”) are the proprietary property of House of Borel and our licensors and are protected by U.S. and international copyright laws. House of Borel grants you a limited, nonexclusive, non-sublicensable, nontransferable license to access and use our website and the House of Borel Materials for personal use. Such license is subject to these Terms and does not include: (a) any resale or commercial use of our website or the House of Borel Materials; (b) the distribution, public performance or public display of any House of Borel Materials; (c) modifying or otherwise making any derivative uses of our website or the House of Borel Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of our website or the House of Borel Materials, except as expressly permitted by us; or (f) any use of our website or the House of Borel Materials other than for their intended purposes. Any use of our website or the House of Borel Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will automatically terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws, including but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. We may revoke this license at any time.

5. Trademarks “House of Borel” and the House of Borel logo and any other House of Borel product or service names, logos or slogans are House of Borel’s trademarks and may not be copied, imitated or used, 2 113974-0002/LEGAL125178056.9 in whole or in part, without the prior written permission of House of Borel. All other trademarks, registered trademarks, product names and company names or logos mentioned on our website are the property of their respective owners and may not be used without permission of the applicable trademark holder. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

6. Hyperlinks You are granted a limited, non-exclusive right to create a text hyperlink to our website for noncommercial purposes, provided such link does not portray us or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use our logo(s) or other proprietary graphics to link to our website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found on our website, the content of any text or the layout/design of any page or form contained on a page on our site without our express written consent. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from our website, or websites that link to our website. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any third-party link on our website does not imply our affiliation, endorsement or adoption of such third-party or its site (or any information contained therein). When you leave our site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our website.

7. Acceptable Use By accessing or using our website, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using our website. You agree that you will abide by these Terms and will not: Use or attempt to use another user’s account without authorization from such user and House of Borel; Use our website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our website, or that could damage, disable, overburden or impair the functioning of our website in any manner; 3 113974-0002/LEGAL125178056.9 Reverse engineer any aspect of our website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our site (except as otherwise expressly permitted by law); Attempt to circumvent any content filtering techniques we employ, or attempt to access any feature or area of our website that you are not authorized to access; Develop any third-party applications that interact with our website without our prior written consent; Use any robot, spider, crawler, scraper, offline reader or other automated means or interface not provided by us to access our site or to extract data; or Use our website for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

8. Feedback You may decide to submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding House of Borel, our website and/or our products and services (collectively, “Feedback”). By providing Feedback, you expressly acknowledge and agree that such Feedback is non-confidential and shall become the sole property of House of Borel. We shall own exclusive rights, including all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Indemnification You agree to defend, indemnify and hold harmless House of Borel and our directors, members, employees, agents, independent contractors, service providers and consultants, and their respective directors, employees and agents (collectively, the “House of Borel Parties”), from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your access to, and use of, our website (including but not limited to any purchases you make through our site); (b) any Feedback you provide; (c) your violation of these Terms or (d) your violation of the rights of any third party.

10. Disclaimer OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, TITLE AND NON-INFRINGEMENT AS TO OUR WEBSITE AND THE HOUSE OF BOREL 4 113974-0002/LEGAL125178056.9 MATERIALS. WE DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR THE HOUSE OF BOREL MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR THAT OUR SITE WILL BE UNINTERRUPTED. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION 10 MAY NOT APPLY TO YOU.

11. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR THE HOUSE OF BOREL PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OR PRODUCTS OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

12. Modifications to the Website We reserve the right to change any and all content contained in our website and to modify, suspend or discontinue our website, or any features or functionality thereof, at any time without notice and without obligation or liability to you.

13. Arbitration PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH HOUSE OF BOREL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

13.1. Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and House of Borel agree: (a) to waive your and House of Borel’s right to have any and all disputes arising from or connected to these Terms, any terms and policies incorporated by reference, and our website (including but not 5 113974-0002/LEGAL125178056.9 limited to purchases made through our website) (collectively, “Disputes”) resolved in a court; and (b) to waive your and House of Borel’s right to a jury trial. Instead, you and House of Borel agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

13.2. No Class Arbitrations, Class Actions or Representative Actions. YOU AND HOUSE OF BOREL AGREE THAT DISPUTES ARE PERSONAL TO YOU AND HOUSE OF BOREL AND THAT DISPUTES WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. YOU AND HOUSE OF BOREL AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS

13.3. Federal Arbitration Act. You and House of Borel agree that these Terms affect interstate commerce and that the enforceability of this Section 13 shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) to the maximum extent permitted by applicable law.

13.4. Process. You and House of Borel agree that we will notify each other in writing of any Dispute within 30 days of when it arises so that we can attempt in good faith to resolve the Dispute informally. Notice to House of Borel shall be sent by certified mail or courier to House of Borel, LLC., 2184 Sutter Street #166, San Francisco, CA 94115. Your notice must include: (a) your name, postal address and the email address you use for your House of Borel account; (b) a description of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. If you and House of Borel cannot agree how to resolve the Dispute within 30 days after we receive your notice, then either you or we may, as appropriate pursuant to this Section 13, commence an arbitration proceeding or file a claim in court. You and House of Borel agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arise; otherwise, you and House of Borel agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute). You and House of Borel agree that (1) any arbitration will occur San Francisco, California, in person or via video conference or telephone; (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (3) the state or federal courts in San Francisco, California will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration.

13.5. Authority of Arbitrator. As limited by the FAA, these Terms and applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 6 113974-0002/LEGAL125178056.9

13.6. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

13.7. Severability. If any provision of this Section 13 is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. Further, the waivers set forth in Section 13.2 are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by applicable law.   13.8. Changes. Notwithstanding the provisions of the modification-related provisions in these Terms, if we revise this Section 13 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change within 14 days of the date such change became effective by providing House of Borel written notice of such rejection by writing to: House of Borel, LLC., 2184 Sutter Street #166, San Francisco, CA 94115. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Section 13. By rejecting changes, you are agreeing to resolve disputes in accordance with the last version of the Terms you accepted.

Governing Law These Terms are governed by and construed in accordance with the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles.

Termination We reserve the right, without notice and in our sole discretion, to terminate your license to access and use our website, or any portion thereof, and to block or prevent your future access to and use of our website or any portion thereof.

Severability If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 17. Questions If you have any questions regarding these Terms or our website, please contact us at customercare@houseofborel.com or at (707) 799-8012.

Last Updated: January 15, 2017

PLEASE READ THE FOLLOWING TERMS OF SALE (“TERMS”) CAREFULLY PRIOR TO MAKING AN ONLINE PURCHASE FROM HOUSE OF BOREL LLC (“HOUSE OF BOREL,” “WE” OR “US”). BY PURCHASING PRODUCTS FROM THROUGH OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN ADDITION TO OUR TERMS OF USE AND OUR RETURN POLICY, WHICH ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT MAKE PURCHASES FROM US. We reserve the right to change these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification or updating the “Last Updated” date at the top of these Terms. We encourage you to review these Terms each time you make a purchase from us to ensure you understand the terms and conditions that apply to such purchase.

Last Updated: January 15, 2017

1. Availability and Pricing All products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order and discontinue our ecommerce website without prior notice. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed.

2. Taxes You are responsible for any sales, use, duty, or other governmental taxes or fees due with respect to your purchase and use of merchandise. We collect sales taxes on merchandise sold by us and shipped to locations in California, unless the purchase is exempt from such taxes. We will present any taxes that we are required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. Please note that we do not collect taxes on merchandise shipped to jurisdictions in which we do not have substantial nexus. You may owe use tax or have additional tax requirements on merchandise shipped to locations outside of California.

3. Payment and Billing By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise 1 113974-0002/LEGAL125178068.7 not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information. If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable fees associated with the products that are included in the shipment.

4. Shipping; Risk of Loss Currently we are only able to accept orders and shipments within the United States, and we do not ship internationally. You are responsible for the shipping and handling costs associated with the products you purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to a product passes to you upon delivery of the product to your specified delivery location. If you have any questions or concerns regarding shipping, please contact us at orders@houseofborel.com.

5. Returns Please see our Return Policy for information about returning products in exchange for refunds or store credits.

6. Errors We attempt to be as accurate as possible and to eliminate errors on our website; however, we do not represent or warrant that the descriptions, pricing or other product information is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount

7. Limited Warranty

7.1. What is covered. House of Borel warrants products sold on its website (the “product” or “products”), to the original owner only, against manufacturing defects in materials and workmanship for the lifetime of the product. Only original, unaltered and unmodified materials and workmanship are covered by this warranty.

7.2. What is not covered. This warranty does not cover damage caused by accident, improper care, misuse, intentional acts, negligence, normal wear and tear, the natural breakdown of colors and materials over extended time and use, liquid damage, or any other damage that is not a defect in materials or workmanship.

7.3. Warranty conditions. The warranty is limited to the original owner. You must present proof of purchase to obtain warranty service. Shipping for warranty service inspections will be free of charge, 2 113974-0002/LEGAL125178068.7 however, if your merchandise is deemed not covered under the lifetime warranty, it will be shipped back to you, at your own cost and expense.

7.4. How to get warranty service. To make a warranty claim, please contact us at customercare@houseofborel.com.

7.5. Exclusive remedy. If a defect in materials or workmanship arises, we will, in our sole discretion and to the extent permitted by law, repair the product, without charge, or replace it. THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY HOUSE OF BOREL PROVIDES FOR THE PRODUCTS, AND THE ABOVE REMEDY IS YOUR SOLE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUSE OF BOREL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, REGARDING THE PRODUCTS, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE LIMITED IN DURATION TO THE PERIOD OF THE EXPRESS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG ANN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUSE OF BOREL AND OUR DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS AND CONSULTANTS (COLLECTIVELY, THE “HOUSE OF BOREL PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE—FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS OR THE USE OF, OR INABILITY TO USE, THE PRODUCT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OR PRODUCTS OBTAINED FROM US, WHETHER OR NOT HOUSE OF BOREL OR A HOUSE OF BOREL PARTY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUSE OF BOREL AND THE HOUSE OF BOREL PARTIES’ TOTAL LIABILITY IN CONNECTION WITH THE PRODUCTS AND THESE TERMS OF SALE, INCLUDING, BUT NOT LIMITED TO THE LIMITED WARRANTY HEREIN, WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID HOUSE OF BOREL FOR THE PRODUCTS. 3 113974-0002/LEGAL125178068.7 SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Mandatory Arbitration and Class Waiver PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH HOUSE OF BOREL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

9.1. Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and House of Borel agree: (a) to waive your and House of Borel’s right to have any and all disputes arising from or connected to these Terms, any terms and policies incorporated by reference, and our website (including but not limited to purchases made through our website) (collectively, “Disputes”) resolved in a court; and (b) to waive your and House of Borel’s right to a jury trial. Instead, you and House of Borel agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

9.2. No Class Arbitrations, Class Actions or Representative Actions. YOU AND HOUSE OF BOREL AGREE THAT DISPUTES ARE PERSONAL TO YOU AND HOUSE OF BOREL AND THAT DISPUTES WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. YOU AND HOUSE OF BOREL AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.

9.3. Federal Arbitration Act. You and House of Borel agree that these Terms affect interstate commerce and that the enforceability of this Section 9 shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) to the maximum extent permitted by applicable law.

9.4. Process. You and House of Borel agree that we will notify each other in writing of any Dispute within 30 days of when it arises so that we can attempt in good faith to resolve the Dispute informally. Notice to House of Borel shall be sent by certified mail or courier to House of Borel, LLC., 2184 Sutter Street #166, San Francisco, CA 94115. Your notice must include: (a) your name, postal address and the email address you use for your House of Borel account; (b) a description of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. If you and House of Borel cannot agree how to resolve the Dispute within 30 days after we receive your notice, then either you or we may, as appropriate 4 113974-0002/LEGAL125178068.7 pursuant to this Section 9, commence an arbitration proceeding or file a claim in court. You and House of Borel agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arise; otherwise, you and House of Borel agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute). You and House of Borel agree that (1) any arbitration will occur San Francisco, California, in person or via videoconference or telephone; (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (3) the state or federal courts in San Francisco, California will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration.

9.5. Authority of Arbitrator. As limited by the FAA, these Terms and applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

9.6. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

9.7. Severability. If any provision of this Section 9 is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. Further, the waivers set forth in Section 9.2 are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by applicable law.

9.8. Changes. Notwithstanding the provisions of the modification-related provisions in these Terms, if we revise this Section 9 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change within 14 days of the date such change became effective by providing House of Borel written notice of such rejection by writing to: House of Borel, LLC., 2184 Sutter Street #166, San Francisco, CA 94115. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Section 9. By rejecting changes, you are agreeing to resolve disputes in accordance with the last version of the Terms you accepted.

10. Governing Law. These Terms, including the limited warranty, are governed by and construed in accordance with the laws of the State of California and applicable United States law, without giving effect to any conflict of law principles.

11. Severability 5 113974-0002/LEGAL125178068.7 If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

12. Questions If you have any questions regarding these Terms, please contact us at customercare@houseofborel.com.

We want you to be completely happy with your purchase from House of Borel. If you are not satisfied with your purchase, you may return it free-of-charge as described below. By purchasing merchandise from House of Borel, you agree to this Return Policy in addition to our Terms of Use and our Terms of Sale, which are incorporated by reference. We reserve the right to change or modify this Return Policy at any time and in our sole discretion (however, the Return Policy in effect at the time you purchase the returned merchandise will govern).

If we make changes to this Return Policy, we will provide you with notice of such changes, such as by updating the “Last Updated” date at the top of this Return Policy. We encourage you to review this Return Policy each time you make a purchase from House of Borel.

1. Returns All returned merchandise must be sent back to House of Borel in its original packaging, in new and unused condition, with all disposable seals intact and attached and with all parts, accessories, authentication cards and any other materials that were originally shipped with the merchandise. Unless you are returning merchandise due to a manufacturing defect, in which case our Limited Warranty applies, bags must be returned to House of Borel within ten (10) days of receipt and clothing must be returned within fourteen (14) days of receipt. PLEASE NOTE THAT SALES OF CUSTOMIZED PRODUCTS ARE FINAL AND CANNOT BE RETURNED OR REFUNDED.

In order to return merchandise, you must contact us at customercare@houseofborel.com. We will then provide you with additional instructions for returning your merchandise along with a pre-paid return shipping label. We reserve the right to decline returns in the event any of the conditions above are not met. In the event we deem your merchandise to be non-returnable, it will be shipped back to you, at your own cost and expense.

2. Refunds and House of Borel Credits Bags and any merchandise that was purchased as a gift for someone else can only be returned in exchange for store credit. Clothing may be returned for store credit or for a full refund in the original form of payment. You can indicate your preference for a full refund or store credit when you contact us to process your return. Refunds will be credited back to the same payment method used to make the purchase by our payment processor. If you paid by credit card, refund times will depend on the credit card company’s policies.

Last Updated: January 15, 2017