Terms of Sale

Updated: Effective as of August 25, 2025

1. Terms of Use

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION:THESE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS TO RESOLVE CLAIMS. PLEASE SEE THE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) FOR COMPLETE DETAILS AND REVIEW CAREFULLY. PLEASE READ THESE ENTIRE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. These Terms and Conditions incorporate by reference the Privacy Policy, and any capitalized terms in that agreement shall have the same meaning here.

2. General

Welcome to the website of POLLYFAB International Co., Ltd. (including any of its subsidiaries or corporate affiliates, collectively, "POLLYFAB," "we," or "us"). Any person accessing or using the website and any associated webpages (collectively, the "Website") is referred to as "you."

We ask that you review and abide by these Terms and Conditions, our Privacy Policy, our Terms of Sale, and any other terms and conditions that may appear on the Website from time to time. By using this website of POLLYFAB, you accept and agree to be bound and abide by these Terms and Conditions, our Privacy Policy, our Terms of Sale, and any other terms and conditions that may appear on the website.

This website and its content (as defined below) are intended solely for personal and non-commercial use by you. Any use of this website or its content other than for personal and non-commercial purposes is prohibited.

3. Privacy

Please take a few moments to review our Privacy Policy, which describes the collection and use of information on the Website.

4. Intellectual Property Rights; Content

Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, User Generated Content (as defined below), Digital Content (as defined below) and any other materials that appear as part of or on the Website (collectively, the "Content"), are protected by copyright, trade dress, and/or trademark laws of the United States, and all worldwide rights, title and interest in and to the Website and Content are owned controlled, and/or licensed byPOLLYFAB. Please note that certain trademarks, product names, company names, logos, service marks, or material displayed on the website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.

POLLYFAB, One for One, and all related names, logos, product and service names, designs, and slogans are registered trademarks of POLLYFAB or its licensors. Such marks cannot be used without the prior written permission of POLLYFAB.

Except as may be expressly permitted by POLLYFAB, you may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software; provided, however, that you may download certain Content as indicated on the Website for your personal, non-commercial use only. You are hereby granted a non-exclusive, limited, and revocable license to view the Content on the Website, but only while accessing the Website. In addition, you are hereby granted a right to download certain Content as expressly permitted by POLLYFAB on the Website, including but not limited to the Digital Content provided as part of the POLLYFAB Rewards Program set forth in Section 27 below; provided, however, that where POLLYFAB expressly permits you to download certain Content as indicated on the Website, you may do so only for your personal, non-commercial use and subject to any additional restrictions provided by POLLYFAB either in these Terms and Conditions, on the Website, or elsewhere as may be indicated by POLLYFAB. No right, title, or interest in or to any downloaded content or software is transferred to you as a result of any such permissible downloading or copying.

The content may contain omissions or errors or may be out of date. The Content is provided for informational purposes only, and POLLYFAB is under no obligation to keep the Content updated. POLLYFAB may, in its sole discretion, change, delete, update, modify, or otherwise alter the Content at any time without providing notice to you.

5. User-Generated Content

As used in this Section, (i) "User Generated Content" means messages (including e-mail), data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files, and comments, including but not limited to feedback, suggestions, reviews, questions, or other material or content regarding our existing products, marketing strategies, business, and customer service; and (ii) "Interactive Areas" means reviews, forums, blogs, chat areas, bulletin boards, or other interactive areas in which you or other Website users may post comments, content, messages, materials, or other items on the Website.

6. Generally

By posting, distributing, sending, or displaying user-generated content to the website, you:

a. Hereby grant to POLLYFAB a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sublicenseable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Generated Content for any purpose to the extent permissible by applicable law;

b. Grant POLLYFAB and its subsidiaries the right (but not the obligation) to use your name in connection with such User Generated Content, subject to POLLYFAB's Privacy Policy;

c. Represent and warrant that:

i. You own and control all of the ownership rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content on or through this Website;

ii. Such user-generated content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and

iii. The usage, publication and posting of such User Generated Content does not violate these Terms and Conditions and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity; and

d. Further grant POLLYFAB the right to pursue before any appropriate forum any person or entity that violates POLLYFAB's or your rights under any applicable law in the User Generated Content.

User-generated content submitted by you is deemed non-confidential, and POLLYFAB is under no obligation to treat such user-generated content as proprietary information. Without limiting the foregoing, POLLYFAB reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. POLLYFAB is under no obligation to offer you any payment or compensation for User Generated Content, respond to any User Generated Content, or attribute authorship of User Generated Content to you. If, nonetheless, under any applicable law, it is determined that you retain moral rights in the user-generated content that you have posted to the website, you hereby agree that:

a. You won't require that any personally identifying information be used in connection with the user-generated content.

b. You won't oppose the publication, use, modification or deletion of the User Generated Content by POLLYFAB; and

c. You waive and will not claim or assert any entitlement to any moral rights in any of the user-generated content, to the extent permissible under applicable law.

7. Interactive Areas

This website may contain interactive areas. If POLLYFAB provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas, and you use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create, or otherwise publish any of the following:

a. Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of the privacy or publicity rights of a third party, abusive, inflammatory, fraudulent or otherwise objectionable;

b. Material that promotes illegal drugs, tobacco or firearms use;

c. Material that constitutes hate speech or encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any applicable local, state, national or international laws or regulations;

d. Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;

e. Material that uses the names or likenesses of persons living or dead or their property without their prior express written permission or that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity;

f. Advertising or links to other commercial websites;

g. Names, postal addresses, telephone or telecopy numbers, email addresses, driver licenses, Social Security, national identity, passport, and/or credit card numbers, or other personally identifiable information of any third party;

h. Viruses, corrupted data or other harmful, disruptive or destructive files;

i. Material that is unrelated to the topic of the Interactive Areas in which such material is posted;

j. Material that communicates messages inconsistent with the goodwill of POLLYFAB or which otherwise violates these Terms and Conditions; or

k. Material that, in the sole judgment of POLLYFAB, is objectionable or that may expose POLLYFAB, you, or other website users to any harm, prejudice, or liability.

To the extent possible under applicable law, POLLYFAB takes no responsibility and assumes no liability for any User Generated Content posted, published, displayed, or uploaded by you, or for any loss or damage thereto, nor is POLLYFAB liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity, or racial or gender slurs you may encounter or any other type of content posted, published, displayed, or uploaded by third parties in violation of these Terms and Conditions. As a simple provider of the Interactive Areas, to the extent permissible by applicable law, POLLYFAB is not and shall not be liable for any statements, representations, or user-generated content provided by its users on this website.POLLYFAB has no legal or contractual obligation to screen, edit, or monitor any of the user-generated content posted, published, displayed, or uploaded to or through any interactive area and makes no claim that it will do so. However, POLLYFAB reserves the option and right, at its sole discretion, to remove or modify any user-generated content posted or stored on this website without any prior notice of any type whatsoever and for any reason whatsoever.

Any use of the Website, including the Interactive Areas, in violation of these Terms and Conditions may result in termination or suspension of your permission to use the Website and/or any other website(s) owned or operated by POLLYFAB.

8. Unsolicited Ideas Submissions

POLLYFAB welcomes your feedback regarding our existing products, marketing strategies, business, and customer service, subject to Section 4 above. Feel free to contact us with your valuable feedback.

However, our company policy does not allow us to accept or consider unsolicited ideas, suggestions, proposals, comments, or materials, including for new or improved products, services, or technologies; advertising campaigns; promotions; One for One ideas; product enhancements; processes; materials; designs; marketing plans; designs; artwork; or new product names (collectively, "Submissions"). Please do not submit any submissions in any form to POLLYFAB or any of its employees. Since POLLYFAB is constantly developing new ideas, strategies, and products, we hope that you will understand that this policy is intended to help POLLYFAB avoid potential misunderstandings or disputes when POLLYFAB's products, lines of business, or marketing strategies might seem similar or even identical to submissions made to POLLYFAB.

If, despite our policy, you still provide your submissions to POLLYFAB, the following terms shall apply to your submissions, regardless of what your communication says. You agree that:

a. POLLYFAB shall automatically, solely, and exclusively own the content and form of all Submissions and such shall not be returned to you;

b. POLLYFAB may use, copy, redistribute and disclose the Submissions for any purpose in any manner, without compensation to you or any other person or party; and

c. POLLYFAB is not and shall be under no obligation to: (i) (i) pay any compensation for any Submissions; (ii) attribute any Submissions to you; (iii) respond to any Submissions; or (iv) keep any Submissions confidential.

9. Third-Party Content; Links to Third-Party Websites

Any content, products, or services posted on, transmitted through, or linked to by third parties from the website are the sole responsibility of the third-party originator of such content. POLLYFAB does not control, approve, sponsor, or endorse any third-party content, products, or services on or linked through the website, and we make no representations regarding and are not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any third-party content, products, or services. Links to any third-party content are provided for your convenience only. If you choose to access any third-party content, you agree that you do so at your own risk, and POLLYFAB is not responsible or liable for any loss or damage of any sort that you may incur as a result of any third-party content, products, or services.

This website may contain links to third-party services and resources. You acknowledge that (a) POLLYFAB is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites; and (b) POLLYFAB is not responsible for any other form of transmission received from any linked website. POLLYFAB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by POLLYFAB of the website. Any concerns regarding any such link should be directed to the particular third-party website.

10. Access To And Use Of Website; Acceptable Use Policy

We do not guarantee that the Website, or any Content on it, will always be available or uninterrupted. Access to the website is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change any or all parts of the website without notice. We will not be liable to you if, for any reason, our website is unavailable at any time or for any period.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on the Website is accurate, complete, or up-to-date.

11. Acceptable Use Policy

By using the Website, you agree to comply with all content and conduct standards set forth in these Terms and Conditions. By way of example and not limitation, you agree not to:

· modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, products, services or Content provided through or obtained from the website, including, without limitation, engage in the practice of "screen scraping," or any other similar activity;

· hack into the Website, the server on which the Website is stored, or any server, computer or database connected to the Website, or attack the Website via a denial-of-service attack or a distributed denial-of service attack;

· modify another website so as to falsely imply that it is associated or affiliated with the Website;

· damage, disable, overburden, transmit any worms, viruses, trojans, logic bombs or other material of a destructive nature, or interfere with any other party's use and enjoyment of the Website;

· violate any applicable laws, rules or regulations in your jurisdiction;

· use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider," or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Website; or

· Use the Website for any illegal, obscene, abusive, offensive, harassing, improper, or objectionable purpose; to sell or offer to sell any goods or services; to conduct or forward surveys, contests, or chain letters; or for any purpose that is prohibited by these Terms and Conditions.

12. Account Security

For any portion of the Website that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

13. Mobile Terms & Conditions

POLLYFAB offers its customers mobile alerts regarding company information, products, events, and cart reminders by SMS message (the "Service") on 73780. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

14. Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the service starts, you will need to agree to these terms. POLLYFAB reserves the right to stop offering the Service at any time with or without notice.

15. By opting into the Service, you:

a. Authorize POLLYFAB to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

b. Acknowledge that you do not have to agree to receive messages as a condition of purchase.

c. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

d. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, contact contact@pollyfab.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access and (ii) either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

16. Content You May Receive

Once you affirm your choice to opt-in to the Service on 73780, your message frequency may vary. You may receive alerts about:

a. Sale promotions

b. Event information

c. Product launch announcements

d. Cart reminders

e. Back in stock alerts

f. Price drop alerts

g. Low inventory alerts

17. Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. POLLYFAB may add or remove any wireless carrier from the Service at any time without notice. POLLYFAB and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

18. To Stop the Service

You and POLLYFAB agree that to stop receiving text messages from POLLYFAB, you must text the word STOP to contact@pollyfab.com any time or reply STOP to any of the text messages you have received from POLLYFAB. You and POLLYFAB agree that other means of opting out or revoking consent to receive text messages are not reasonable. After texting STOP to contact@pollyfab.com, you will receive one additional message confirming that your request has been processed.

19. Questions

You can text HELP for help at any time to contact @pollyfab.com. This will provide you with a toll-free customer contact: contact@pollyfab.com.

20. Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

21. DMCA – Copyright Complaint Policy; Infringement Notification

If you believe in good faith that certain content on the website infringes your copyright rights, please provide the written information requested below. The procedure outlined below is exclusively for notifying POLLYFAB that your copyrighted material has been infringed.

Please provide the following information in the following order (including section numbers):

1. A clear identification of the copyrighted work you claim was infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the website, such as a link to the infringing material.

3. Your contact information so that we can reply to your complaint, preferably including your name, address, email address and telephone number.

4. Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. This information and notification is accurate. Under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

5. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on the website should be emailed or mailed to:

POLLYFAB International Co., Ltd.

Room 837, 8th Floor,

Building 6,

Konggang Ronghuiyuan,

Shunyi District, Beijing, China Or contact @pollyfab.com RE: Copyright Infringement

We suggest that you consult an attorney before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys' fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above and applicable law, including but not limited to the Digital Millennium Copyright Act of 1998.

22. Repeat Infringers

In accordance with applicable law, POLLYFAB has adopted a policy of terminating, in appropriate circumstances and at POLLYFAB's sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. POLLYFAB may also limit or restrict access to the Website and/or terminate the accounts of any users who are deemed by POLLYFAB to infringe any intellectual property rights of others, whether or not there is any repeat infringement, in POLLYFAB's sole discretion.

23. Indemnification

You agree to defend, indemnify and hold harmless POLLYFAB, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers and distributors (collectively, the "POLLYFAB Parties") from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees), arising from or in connection with: (a) your misuse of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, any of the POLLYFAB Parties, and/or its agents, third party licensors or licensees, (c) your breach of any provision of these Terms and Conditions or any representations you provide herein, and/or (d) your use of the Website. POLLYFAB reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with POLLYFAB in asserting any and all available defenses. This provision does not require you to indemnify any of the POLLYFAB Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Website or any Content provided hereunder.

24. Disclaimer; Warranties

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE AND CONTENT ON THE WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, POLLYFAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POLLYFAB DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, POLLYFAB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE WEBSITE, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS WEBSITE, USER-GENERATED CONTENT, SUBMISSIONS, INFORMATION, GIVING INFORMATION MADE BY POLLYFAB OR ITS GIVING PARTNERS, INFORMATION PROVIDED BY THIRD-PARTY VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO FROM THE WEBSITE.

POLLYFAB® ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, INFORMATION, WEBSITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, OR ANY THIRD PARTY WEBSITE(S), (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) BYPOLLYFAB OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

25. Limitation Of Liability

IN NO EVENT SHALLPOLLYFAB OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE "POLLYFAB RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST THE POLLYFAB RELEASED PARTIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF ANY OF THE POLLYFAB RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR ANY CONTENT ON THE WEBSITE, THEN THE POLLYFAB RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

26. Promotions

Any and all offers or promotions advertised on this website are void where prohibited and are subject to the posting of any official rules for such offers or promotions.

GENERAL CONDITIONS: This program is not valid in combination with any other programs offered by POLLYFAB. By participating in the Program, you (and, if an eligible minor, your parent or legal guardian) agree (i) to release, discharge, indemnify, and hold harmless POLLYFAB, its parents, subsidiaries, affiliates, retailers, advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees, and agents (collectively, "Rewards Released Parties") from any liability or damages that may arise out of participation in the Program or out of the acceptance, use, misuse, or possession of any Reward or products attained, achieved, or received through this Program. All applicable federal, state, and local laws and regulations apply.

The Rewards Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, or misdirected points, reward requests, reward items, or other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic, or otherwise, including, without limitation, errors or problems that may occur in connection with the administration of the Program, the tabulating of points, the announcement of the Rewards, or any Program-related materials. Persons found tampering with or abusing any aspect of this program, who are acting in a disruptive or unsportsmanlike manner, or who are otherwise not in compliance with these Terms and Conditions as solely determined by POLLYFAB may be removed from the program, and all points will be void. The Rewards Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this program or downloading materials from or use of the website.

POLLYFAB reserves the right at any time to modify, suspend, or cancel the program at any time. Any changes POLLYFAB makes will be effective immediately upon notice, which it may give either by posting the new Terms and Conditions on the Website or via e-mail to you. Your participation in the program after such notice will be deemed acceptance of such changes, so please check back regularly for any updates and changes. All questions or disputes regarding the program, including without limitation those involving eligibility, participation, fraud, and abuse, will be resolved by POLLYFAB.

Your participation in the Program constitutes permission for POLLYFAB and its designees to use your name, biographical information, image, likeness, and/or statements about the Program for advertising, trade, promotional, and other purposes in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification, or permission, unless prohibited by law.

PERSONAL INFORMATION: Your personal information collected in connection with this program will be used in accordance with POLLYFAB' Privacy Policy .

HOW TO CONTACT US: For information about your POLLYFAB Rewards account, to update your account information, or to review the most recent terms and conditions, visit POLLYFAB.com and log in to your account.

Contact@pollyfab.com

28. DISPUTE RESOLUTION

PLEASE READ THIS ENTIRE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) CAREFULLY, AS IT INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS.

THE PROCEDURES AND OTHER TERMS SET FORTH IN THIS DISPUTE RESOLUTION SECTION APPLY TO ANY AND ALL CLAIMS, DISAGREEMENTS, DISPUTES, OR CONTROVERSIES BETWEEN YOU AND POLLYFAB OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES, AND/OR RELATED COMPANIES, REGARDLESS OF WHEN SUCH CLAIM AROSE (EACH, A “CLAIM”), INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, TO THE USE OR ACCESS THEREOF, TO OUR ADVERTISING, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS, OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED, AND/OR SOLD BY POLLYFAB AND/OR TO THESE TERMS AND CONDITIONS.

The provisions of this Dispute Resolution section apply to you and POLLYFAB and its affiliates and related entities. This entire Dispute Resolution section shall survive termination of this agreement or the parties’ relationship or the end of your use of the Site.

A. MANDATORY INFORMAL PRE-SUIT RESOLUTION

POLLYFAB values our customers and seeks to resolve disputes informally where possible. Before filing any lawsuit relating to a claim, you agree to first send a detailed notice (“Notice”) to POLLYFAB by email at contact@pollyfab.com within the applicable statute of limitations. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone numbers; (4) your email address; (5) information sufficient for POLLYFAB to identify any transaction and/or product at issue (e.g., your order number, order confirmation communication, SKU number, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.

Likewise, POLLYFAB agrees that if we have a dispute with you, we will first send a detailed notice to your e-mail address on file with us . POLLYFAB’ Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it.

You and POLLYFAB agree to negotiate in good faith for a period of at least 60 days from the date of the Notice in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should POLLYFAB request a telephone conference with you in an effort to resolve your claim as part of this informal process, you agree to personally participate (with your counsel if you are represented). Compliance with and completion of this Mandatory Informal Pre-suit Resolution process is a condition precedent to filing any lawsuit or serving an arbitration demand. You and POLLYFAB agree that any action commenced in court or arbitration without first exhausting the Mandatory Informal Pre-Suit Resolution process shall be defective and subject to dismissal at the cost of the party found to have prematurely commenced the action. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a claim without first providing a notice or otherwise participating in good faith in this mandatory informal pre-suit resolution process.

B. CLASS ACTION WAIVER; JURY TRIAL WAIVER; WHERE PERMISSIBLE, CLAIMS SHALL BE BROUGHT IN COURT ON AN INDIVIDUAL BASIS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND POLLYFAB AGREE THAT ANY CLAIM RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS; CLASS ACTIONS AND ANY OTHER CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED, AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. You agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. Class actions, private attorney general actions, and other consolidated actions are not allowed. Claims regarding the enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.

Together, the terms in the preceding paragraph shall be called and operate as the “Class Action Waiver.”

WHERE PERMISSIBLE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, claims must be brought in court, and only on an individual basis in accordance with the Class Action Waiver. To the extent permissible under applicable law, any such cases shall be decided by a judge and not a jury; the parties mutually waive their right to have their claim decided by a jury.

Solely in the context of arbitration, and as specified in subsection (C) below, if any court or arbitrator determines that this Class Action Waiver is void or unenforceable or that an arbitration can proceed on a class basis for any other reason, then the Arbitration Clause set forth in this Dispute Resolution section shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate Claims.

C. ARBITRATION CLAUSE

In jurisdictions where applicable law prohibits the Class Action Waiver from applying to Claims brought in Court, the CLAIM SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.

THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS ARBITRATION CLAUSE. BY AGREEING TO ARBITRATION, YOU AND OLLYFAB ARE NOT LIMITING IN ANY WAY EITHER OF YOUR STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER OF YOU WOULD BE ENTITLED IF YOUR CLAIM WERE INSTEAD BEING HEARD IN A COURT.

ANY ARBITRATION WILL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) AND GOVERNED BY NAM’S APPLICABLE RULES (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) ("NAM Rules"), as modified by these Terms and Conditions. You may obtain a form to initiate arbitration as set forth in the NAM Rules available online at www.NAMADR.com, by emailing NAM at commercial@namadr.com, or by requesting them in writing at the Notice address; this form must be personally signed by the party initiating arbitration (and their counsel, if represented). You and POLLYFAB agree that any counsel representing a party in arbitration must comply with the requirements of Federal Rule of Civil Procedure 11(b), and that the arbitrator may impose any sanctions against all appropriate represented parties and counsel if he or she determines a claim is frivolous.

The arbitration shall occur through the submission of documents to one arbitrator. If the arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the arbitrator determines that an in-person hearing is necessary, the hearing will take place in the United States county where you live or work or such other location agreed upon by both parties. Pursuant to the NAM Rules, you and POLLYFAB will endeavor to select an arbitrator or hearing officer(s) after commencement of the action. If the parties are unable to jointly select an arbitrator, NAM will administratively appoint an arbitrator at the request of either party.

You and POLLYFAB will submit a joint pre-hearing and hearing schedule to the hearing officer(s) within the earlier date of either 14 days prior to the arbitrator’s appointment or 5-7 days prior to the hearing. If you and POLLYFAB cannot submit a joint pre-hearing and hearing schedule, each party will submit their own schedule to NAM. If only one schedule is submitted, that schedule will be delivered to the arbitrator for his or her consideration. The arbitrator may adopt the schedule submitted by one party in the absence of a competing or joint schedule.

Payment of all filing, administration, and arbitrator fees will be governed by the NAM rules and applicable fee sheet, as determined by NAM. All issues relating in any way to arbitration—including the applicability, scope, and enforceability of the arbitration provisions of these Terms and Conditions—are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision on all procedural and substantive issues is binding only between you and POLLYFAB and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

You and POLLYFAB shall each be limited to a maximum of one (1) fact witness deposition per side, unless we agree otherwise or the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter, and persons or entities to which the requests pertain; shall not include broad phraseology such as "all documents directly or indirectly related to"; and shall not be encumbered with extensive "definitions" or "instructions." The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.

In any arbitration, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the defending party's favor, or in the other party's favor but is less than the defending party's settlement offer, then the other party must pay the defending party's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.

D. SPECIAL PROCEDURES FOR MASS FILINGS

To the extent an arbitration falls within NAM’s definition of a mass filing, you and POLLYFAB agree to the procedures set forth below and in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures . Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Informal Pre-Suit Resolution process is initiated until the claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Counsel for each side shall select 25 claims (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless you and POLLYFAB agree otherwise in writing. No administrative fees will be assessed in connection with any remaining claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, you and POLLYFAB shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge, unless the parties agree otherwise.

If the remaining claims are not resolved at this time, counsel for the parties shall each select an additional 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. This process shall continue, consistent with this staged process set forth above in this subsection, by administering and moving forward a maximum of 50 individual arbitration proceedings at a time until the parties are able to resolve all of the claims, either through settlement or arbitration.

NOTWITHSTANDING THE PROVISIONS HEREIN, IN MASS FILINGS CONSISTING OF MORE THAN 500 CLAIMS TOTAL, EITHER PARTY MAY OPT OUT OF ARBITRATION AND ELECT TO HAVE THE CLAIMS HEARD IN COURT.

A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the allocation of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with the remainder of these terms and conditions.

E. EXCEPTIONS

Notwithstanding the parties’ agreement to resolve all claims through arbitration, (i) (i) either you or POLLYFAB may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either you or POLLYFAB may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information. The route to small claims court shall only be the result of a direct filing by you or POLLYFAB. As set forth above, a claim commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.

29. Time Limits

To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CLAIM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a claim is considered commenced at the time the Notice (defined above) is sent. To the extent a claim is filed in court or arbitration without first providing such notice (which would be contrary to these terms, as set forth above), the claim is deemed commenced at the time of such filing.

30. Choice Of Law/Forum Selection

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the Central District of California or Los Angeles County.

31. Severability

Each section, paragraph, part, term, and/or provision of these Terms and Conditions shall be considered severable; and if, for any reason, any provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such provision shall not impair the operation, or have any other effect upon, other provisions of these Terms and Conditions as may remain otherwise intelligible, and the latter shall continue to be given full force and effect to bind you and POLLYFAB; and said invalid provisions shall be deemed not to be part of these Terms and Conditions.

However, notwithstanding the preceding paragraph, if the class action waiver is found to be void or unenforceable and you are permitted to proceed in an action other than as an individual, the claim shall proceed and be resolved in court and NOT by arbitration.

32. General Legal Provisions

These Terms and Conditions are effective unless and until terminated by either you or POLLYFAB. You may terminate these Terms and Conditions as they apply to you at any time by ceasing to use the Website. POLLYFAB may terminate these Terms and Conditions at any time immediately and without notice and accordingly deny you access to the Website for any reason in its sole discretion; however, the provisions in these Terms and Conditions that relate to dispute resolution, intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms and Conditions. Unless otherwise specified, the Website and Content are displayed solely for the purpose of promoting POLLYFAB products and services available in the United States. This website is controlled and operated by POLLYFAB from its offices in California.

If any portion of these Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms and Conditions shall remain in full force and effect. The failure of POLLYFAB to insist upon or enforce strict performance by you of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

We may provide notice to you relating to the Website and/or these Terms and Conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms and Conditions and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and Conditions and/or the Website must commence within one (1) year after the cause of action arises. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the website from a location outside the United States, you are responsible for compliance with all local laws.

POLLYFAB®'s performance of these Terms and Conditions is subject to existing laws and legal processes, and nothing contained in these Terms and Conditions is in derogation of POLLYFAB's right to comply with law enforcement requests or requirements.

These Terms and Conditions (together with our Privacy Policy, which is expressly incorporated herein by reference and which can be accessed on this Website, and any other terms that may appear on the Website from time to time) contain the entire understanding between you and us with respect to your use and access of this Website and supersede all prior agreements, terms, conditions, and understandings, both written and oral, with respect to such use and access of the Website. No representation, statement, or inducement, whether oral or written, not contained in these Terms and Conditions (and any other terms that may appear on the Website from time to time) or the Privacy Policy shall bind any party to this agreement. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of POLLYFAB. No other representative has any authority to waive, alter, vary, or add to these Terms and Conditions. Before using this website, please read through all referenced documents carefully.

The sections on Indemnity, Limitation of Liability, and Disclaimer and Warranties do not apply to New Jersey residents.

33. GOVERNING LAW

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

34. Copyright

Terms of Sale

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION:THESE TERMS OF SALE INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ THESE ENTIRE TERMS OF SALE CAREFULLY BEFORE PLACING AN ORDER WITH US FOR A PURCHASE OF A PRODUCT OR SERVICE AND, IN PARTICULAR, PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) FOR COMPLETE DETAILS. These Terms of Sale incorporate by reference the Terms of Use and Privacy Policy, and any capitalized terms in those agreements shall have the same meaning here.

Orders: General

By placing an order with POLLYFAB, you are (i) (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.

When you send us your order, we may verify certain items before the order is fulfilled, including, without limitation, your personal information, your payment information, and your creditworthiness.

We reserve the right to (a) refuse any order you place with us; (b) correct any errors, inaccuracies, or omissions (including but not limited to the price) with regard to the products or services offered; (c) change or update information in connection with any products or services offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.

If your payment method has already been charged for an order that is later modified or cancelled, POLLYFAB shall issue you a refund in the amount of the incorrect price back to your original method of payment. We apologize for any inconvenience this may cause you.

POLLYFAB® accepts the following methods of payment on POLLYFAB.com: Visa, MasterCard, American Express, Discover, PayPal, Apple Pay, Afterpay, Klarna, POLLYFAB.com gift cards (electronic or physical), and POLLYFAB.com store credit. Please see Gift Cards and Store Credit for further details. Please see our FAQs for further helpful information

Product & Pricing Information

Select POLLYFAB products displayed on the website may be available in select stores in the United States while supplies last.

All prices and products advertised are subject to change. Although the website is composed with care, it may happen that the pricing information on the website contains errors. We are not bound by our offer or any prices on the website, and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the website.

All prices displayed on the website are quoted in US dollars ($).

Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs and all other applicable taxes, fees, or charges of any nature shall be added to the total amount of your purchase and will be displayed prior to checkout.

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the actual colors of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown in images on our website.

Shipping, Delivery, Returns, and Exchanges

Please note that shipping dates, delivery dates, and timeframes for processing returns and refunds are estimates only and not guaranteed. We can only fulfill domestic orders to home and office addresses and do not ship to P.O. Boxes. POLLYFAB does not ship internationally, except to Australia. If you would like to ship to international locations, please see our Shipping FAQs for further information on international locations to which we ship.

While most of our products can be returned, we cannot accept returns of POLLYFAB Roasting Co. coffee (whether purchased from our retail stores or otherwise), gift cards, rewards (as defined below) redemptions, and any other items that are marked "Final Sale."

Item(s) that are unworn, unwashed, and unaltered, or items that you believe have a manufacturer’s defect, may be returned within 30 days from the date of purchase if you are in the contiguous United States or within 30 days from the date of purchase if you are outside of the contiguous United States (i.e., Alaska, Hawaii, Puerto Rico, or another U.S. territory). All returnable items should be returned unused, in their original packaging, and in saleable condition. Your refund will reflect the total amount you paid for the product(s) you are returning. However, you will not be refunded any original shipping costs you may have paid for the delivery of the product(s) to you.

If you are shipping to us from within the contiguous United States, you may choose to receive your refund back to your original method of payment (so long as you did not make your purchase using a gift card or store credit) or in the form of POLLYFAB.com store credit. A $4.99 return shipping fee will be deducted from the order amount if the returned order is being refunded to the original method of payment. If store credit is selected as the refund method, the return shipping fee will be waived.

Please remember that in order for us to process your return, we must receive the item(s) within the 30-day timeframe noted above if you are in the contiguous United States or the 30-day timeframe noted above if you are outside of the contiguous United States (i.e., Alaska, Hawaii, Puerto Rico, or another U.S. territory). Therefore, you must account for the time it takes for the carrier to ship your item(s) back to our warehouse in Dallas, Texas.

All returns should be addressed to our distribution center based in Dallas, Texas.

Mail your return to:

RETURNSPOLLYFAB C/O Cart.com

10300 Sanden Drive, Suite 100

Dallas, TX 75238

The risk of loss of any product(s) ordered through this website shall transfer to you upon delivery of the product(s) to the shipping carrier.

We do not offer exchanges at this time. We apologize for any inconvenience this may cause you.

You may contact Customer Service to assist you with returning your product(s).

Warranty For Defective Products

Refer to Shipping, Delivery, Returns, and Exchanges.

Recall

You agree to cooperate fully with us and will provide all reasonable assistance in the event we recall any product(s), at our sole expense. Please notify us immediately if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.

Gift Cards & Store Credit

POLLYFAB.com Gift Cards

POLLYFAB® physical and electronic gift cards (collectively, the "Gift Card(s)") may be redeemed towards the purchase of eligible items on the Website. Please treat your gift cards like cash—we are not responsible if a gift card is lost, stolen, destroyed, or used without your permission. Gift cards may not be reloaded, resold, transferred for value, or redeemed for cash, except to the extent required by law. Purchases made with a gift card will be deducted from the redeemer's gift card balance, and any unused balance will be available for future purchases. Purchase amounts that exceed the redeemer's gift card balance will require that the remaining balance due be paid with another acceptable payment method. Gift cards are not returnable, cancelable, or exchangeable after purchase for cash, except in states where required by law. Gift cards do not expire, and we do not assess any service fees for non-use.

Gift cards have other restrictions, including but not limited to:

Coupons and other discounts or promotions may not be applicable to the purchase of gift cards.

Gift cards cannot be used to purchase other gift cards.

Gift cards are FINAL SALE and cannot be returned.

Gift cards may only be applicable to purchase certain product(s) or services on the website, or they may exclude the purchase of certain product(s) or services. Please see any applicable restrictions noted on your gift card or the applicable product(s) or promotion(s) for further details.

POLLYFAB.com Store Credit

POLLYFAB.com store credit (the "Store Credit") may be redeemed towards the purchase of eligible items on the Website. Any available store credit you may have will be automatically applied towards your next purchase. We are not responsible if store credit is lost, stolen, destroyed, or used without your permission. Please note that store credit is non-transferable. Purchases made with store credit will be deducted from your store credit balance, and any remaining unused balance will be available for future purchases. Purchase amounts that exceed the redeemer's available store credit balance will require that the remaining balance due be paid with another acceptable payment method. Store credit does not expire, and we do not assess any service fees for non-use.

FRAUD

POLLYFAB® reserves the right to refuse, cancel, or hold for review any orders or customer accounts using a gift card or store credit or any gift card or store credit mistakenly issued in an incorrect denomination; to bill alternative forms of payment for suspected fraud in connection with a gift card or store credit; or to take any other action in connection with a violation of this section.

Please note that gift cards/store credits and their redemption are each subject to change at the sole discretion of POLLYFAB at all times in accordance with applicable law.

Third-Party Products

The website may contain products that are produced and manufactured by third-party suppliers and not by POLLYFAB. POLLYFAB is not responsible for any third-party products or for the actions or inactions of any third-party vendors or suppliers. POLLYFAB’s inclusion of such products does not imply any endorsement of such or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with such vendor(s) or supplier(s). POLLYFAB does not assume any responsibility or liability for the products of third parties. While POLLYFAB aims to ensure that all third-party vendors and suppliers are honest and truthful when making representations regarding their products and/or the causes they claim to support and how, we cannot warrant or represent that the statements they make are truthful, complete, or accurate. Please carefully review the terms of use, privacy policy, and all other relevant user agreements for the third-party products.

Dispute Resolution

A. MANDATORY INFORMAL PRE-SUIT RESOLUTION

Likewise, POLLYFAB agrees that if we have a dispute with you, we will first send a detailed notice to your e-mail address on file with us. POLLYFAB’ Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it.

B. CLASS ACTION WAIVER; JURY TRIAL WAIVER; WHERE PERMISSIBLE, CLAIMS SHALL BE BROUGHT IN COURT ON AN INDIVIDUAL BASIS

Together, the terms in the preceding paragraph shall be called and operate as the “Class Action Waiver.”

C. ARBITRATION CLAUSE

In jurisdictions where applicable law prohibits the Class Action Waiver from applying to Claims brought in Court, THE CLAIM SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.

THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS ARBITRATION CLAUSE. BY AGREEING TO ARBITRATION, YOU AND POLLYFAB ARE NOT LIMITING IN ANY WAY EITHER OF YOUR STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER OF YOU WOULD BE ENTITLED IF YOUR CLAIM WERE INSTEAD BEING HEARD IN A COURT.

In any arbitration, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the defending party's favor or in the other party's favor but is less than the defending party's settlement offer, then the other party must pay the defending party's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.

D. SPECIAL PROCEDURES FOR MASS FILINGS

To the extent an arbitration falls within NAM’s definition of a mass filing, you and POLLYFAB agree to the procedures set forth below and in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Informal Pre-Suit Resolution process is initiated until the claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or arbitration is opted out of arbitration.

NOTWITHSTANDING THE PROVISIONS HEREIN, IN MASS FILINGS CONSISTING OF MORE THAN 500 CLAIMS TOTAL, EITHER PARTY MAY OPT OUT OF ARBITRATION AND ELECT TO HAVE THE CLAIMS HEARD IN COURT.

E. EXCEPTIONS

Disclaimer: Warranties

Limitation Of Liability

IN NO EVENT SHALLPOLLYFAB OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE "POLLYFAB RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST THE POLLYFAB RELEASED PARTIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF ANY OF THE POLLYFAB RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE, THE POLLYFAB RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

The sections on Limitation of Liability and Disclaimer and Warranties do not apply to New Jersey residents.

Information or Complaints for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to POLLYFAB. You may also contact us by writing to Customer Service at POLLYFAB.

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