BYRAM BABY TERMS OF USE

Last Updated: 03/24/2025

Lofta, Inc., (“Lofta,” “we,” “our,” or “us”) offers ByramBaby.com (the “Site”) to the user subject to the user’s acceptance of the terms, conditions, and notices contained in these Terms of Use (“Terms”). These Terms apply to your use of or visit to the Site and all functions or features of the Site, as well as all offers, sales, purchases and rentals of products or services sold through the Site. (collectively, the “Services”).

BY ACCESSING OR USING THE SERVICES, OR OTHERWISE INDICATING YOUR ASSENT BY CLICKING I ACCEPT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, AND AFFIRMING that you (“you” or “your”) are at least 18 years of age to enter into these Terms. You acknowledge and agree that you have reviewed and accept these Terms and you must not use the Services if you do not agree with these Terms.

These Terms include an arbitration provision. Please review this provision carefully as it will require you to resolve disputes with Lofta on an individual basis (waiving your right to a class action) through final and binding arbitration. By entering into these Terms, you expressly acknowledge that you have read and understand all of the terms and have taken the time to consider the consequences of this important decision. You may opt out of the individual binding arbitration and class action waiver as provided below.

These Terms also contain releases, limitations on liability, and provision on indemnity and assumption of risk, all of which may limit your legal rights and remedies. Please review them carefully.

You further agree and acknowledge that certain products, services, and offerings made available through the Service may be subject to additional or different terms and conditions (collectively, “Additional Terms”). You agree to comply with such Additional Terms that apply to your use of the applicable parts or features of the Services. In the event of a conflict between these Terms and those additional or different terms and conditions, those additional or different terms and conditions shall govern.

1. Accounts

In order to access certain features of the Services, you may be required to register and create an account (“Account”). By creating an Account, you agree to: (i) provide accurate, current, and complete information about yourself and update it as necessary; (ii) maintain the security of your Account; and (iii) immediately notify us of any unauthorized use of your Account or any other breach of Account security. We reserve the right, in our sole discretion, to accept or reject your registration to create an Account and/or to access the Services. You agree to accept full responsibility for all activities that occur under your account or password, including use of your account by any third party using your username and password. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. We will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions. You may terminate your Account at any time by contacting Lofta at privacy@lofta.com. In addition, Lofta, in its sole discretion, may terminate your right to access or use the Services or your Account for any reason without prior notice to you. You acknowledge and agree that Lofta will not be liable to you or any third party for any termination of your access or use of the Services or an Account.

 

2. Personal Information

You agree that personal information you provide through the Services shall be governed by our Privacy Policy, which is hereby incorporated and made part of these Terms.

3. No Medical Advice

THE CONTENT (AS DEFINED BELOW) AVAILABLE THROUGH THIS SITE AND THE SERVICES IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. LOFTA DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS SITE DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.

Your reliance upon information and content obtained by you at this Site or through the Services is solely at your own risk. Neither we nor providers of content to us assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content.

We do not provide advice to you on any issues relating to medical treatment and the Content is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Site or the Services. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment.

4. Restrictions.

You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Services and Content (as defined below). You further agree that you will not: (i) use the Services or Content  for any political or commercial purpose; (ii) engage in any activity in connection with the Services or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Lofta; (iii) harvest any information from the Services or Content; (iv) infringe any intellectual property right or other right of any third party; (v) reverse engineer or modify the Services or Content; (vi) interfere with the proper operation of the Services or its security features; (vii) use the Services or Content in a manner that suggests an unauthorized association with Lofta or any other party, or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms.

5. Availability; Services Location

Availability. The Services may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Lofta, access to the Services may be interrupted or suspended from time to time. Lofta shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, Content, availability, and equipment needed for access or use.

International Users; Services Location. The Services are controlled and operated from facilities in the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.

Live Chat Functionality. In certain areas of the Site, you may have the ability to engage with our live chat application (“Chat App”) which is provided by RingCentral. By using our Chat App, you acknowledge that all conversations on Chat App may be recorded and are used in line with our Privacy Policy. By using the Chat App, you consent to this recording. As a general matter, do not provide personal information when using the Chat App.

6. Suspension or Termination of the Services.

Lofta may immediately suspend or terminate the availability of the Services, in whole or in part, to any individual user or all users, for any reason, in Lofta sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Services, or upon notice from Lofta, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services.

7. Terms of Sale

Orders. Lofta reserves the right to accept or decline your order or limit the order quantity for any reason. If Lofta limits the order quantity, you will be notified and have the right to cancel your order. Unless otherwise noted, shipping and handling fees are not included in the displayed price and will be added as part of your final purchase price. Sales, use, and similar taxes will be charged to you as required by law.

Product Availability. Although we attempt to accurately reflect product availability on the Site, Lofta cannot guarantee product availability and products may not be available for immediate delivery. Lofta reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products, or to cancel any order. If there is any revision, discontinuance or cessation, you will be notified and have the right to cancel your order and receive a refund for any prior payment that you have made for such products.

Payment. Payment must be made by a U.S.-issued credit/debit card or some other pre-arranged method of payment acceptable to Lofta. Where payment is made by credit/debit card, such payment is subject to the approval of the financial institution issuing the credit/debit card, and Lofta will not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason. Lofta may require, at Lofta’s option, that any order placed over a certain dollar amount receive Lofta’s pre-approval. Lofta may also require additional verification or information before accepting any order. An order is deemed accepted upon your placement of the order, and Lofta will charge your credit/debit card upon such order.

Payment Processing. Lofta’s third party payment processor accepts credit and debit cards. It may obtain pre-approval for an amount up to the amount of the payment; however, you will not be charged until your order is shipped. If there is a problem charging your selected payment method for any purchase, we may ask you for an alternative form of payment. Payment processing terms will be available for your review at, or prior to checkout.

Shipping. Your order will be shipped according to our Shipping Policy. We will only accept orders for shipment to addresses within the United States in accordance with our Shipping Policy.

Returns; Refunds. Certain sales of products on the Site may be eligible for full or partial refunds. You will abide by our Returns Policy for the products and services you purchase on the Site. We reserve the right not to process any return that does not comply with our Returns Policy.

Coverage. Insurance companies and other payors may not pay for some of the items offered for purchase through the Site and you will have to pay for those items out of your own pocket.  If you believe that a product on the Site may be reimbursable through your insurance policy or coverage, please contact your insurance company or contact us at breast-pumps@byramhealthcare.com.

Title; Risk of Loss. Title to any ordered product will pass to you upon delivery of the product to the designated carrier, except that title to any software included with the product will remain with the applicable licensor(s). Lofta will only be responsible for risk of loss or damage to the product that occurs prior to delivery of the product to the designated carrier. Lofta does not assume title of any returned product until received by us in accordance with our Returns Policy.

8. Proprietary Interests.

Content. The Services may contain (i) materials and other items relating to Lofta and its Services including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Services; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Lofta; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, title, and interest in and to the Services and the Content is the property of Lofta, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible.

Limited License. Subject to your strict compliance with these Terms, Lofta grants you a limited, non-exclusive, revocable, worldwide, non-assignable, personal, and non-transferable license to download, display, view, and use the Services, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Services or any Content; and (ii) may be immediately suspended or terminated for any reason, in Lofta’s sole discretion, and without advance notice or liability. Your unauthorized use of the Services or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Reservation of All Rights. All rights not expressly granted to you are reserved by Lofta and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Services or Content for any purpose is prohibited.

User Content. You may now or in the future have the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services (collectively, “Submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials and the ideas contained therein (collectively, but excluding any Content included therein, “User Content”). You acknowledge that except as provided in our Privacy Policy any User Content that you Submit through the Services will be deemed to be non-confidential and may be disclosed to other parties on a worldwide basis, including for browsing, downloading, printing, and other uses by such other persons or entities. You agree that Lofta shall have, and hereby grant to Lofta, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you Submit. Lofta does not endorse any User Content, or third-party product or service that may appear on the Services. Nothing in these Terms of Use shall obligate Lofta to use any User Content you Submit or permit the posting of such User Content on any website or platform. You agree not to Submit User Content through the Services or to Lofta except for User Content that is fully authorized for purposes of the Services and compliant with these Terms. By providing User Content, you warrant and represent that you own the rights to the User Content or are otherwise authorized to Submit the User Content. It is your obligation to determine the extent to which User Content you Submit is protected by applicable intellectual property laws.

Feedback. You also agree that Lofta is free to use any ideas, concepts, or techniques that you send to Lofta through the Services (collectively, “Feedback”), for any purpose, including, but not limited to, developing and marketing efforts that incorporate such Feedback. By providing any Feedback, you grant Lofta and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Feedback for any purpose.

9. Copyright Infringement.

If you believe any content on the Site infringes your copyright, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Lofta’s designated agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further details): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Lofta to locate the material; (iv) information reasonably sufficient to permit Lofta to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (v) a statement that you 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; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the agent designated by Lofta to receive and act on copyright violations under the DMCA by U.S. Mail, fax or email as follows:

Attention: Privacy Compliance Officer

120 Bloomingdale Rd., Ste. 301

White Plains, NY 10605

Telephone: (877) 902-9726

Email: privacy@byramhealthcare.com

If you believe that any material that we remove based on a notice of infringement under the DMCA is not infringing, you may send a counter-notice containing the following information to Lofta’s designated agent (see 17 U.S.C. Section 512(g)(3) for further detail): (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Lofta may be found, and that you will accept service of process from the person who provided notification under these Terms or Use (that is, the person who alleged that your material infringed any copyright) or an agent of such person.

Lofta’s policy is to suspend or terminate the account, or the right to access or use the Services, including the Site, of any person who posts infringing material on the Site or who provides any fraudulent or inaccurate take-down notice or counter-notice under the DMCA. However, Lofta has no obligation to do so.

10. Inaccuracies; Errors

Lofta assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the Site or via the Services. Any reliance you place on such information is strictly at your own risk. Lofta disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its Content.

Lofta will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site or Services contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. Lofta reserves the right to correct any errors and to update Site information at any time.

Products offered for sale on the Services may contain descriptions provided by the manufacturer, developer or distributor of the product. If a product offered by Lofta is not as described, your sole remedy is to return it in an unused condition and in accordance with our Return Policy.

11. Indemnity

You agree to defend, indemnify, and hold harmless Lofta, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services  content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

12. Disclaimers

Lofta is not a healthcare provider. The Content on or otherwise available through the Services is designed to support, not replace or intervene in, the relationship that exists between you and your healthcare provider. While the Services may provide access to certain general related health information, the Services and the Content contained therein cannot and are not intended to provide medical advice. Content is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on the Services. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.

THE SERVICES, THE CONTENT, AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. LOFTA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM MALWARE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW

13. Limitation of Liability

YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE AND LIABILITY ARISING OUT OF THE USE OF THE PRODUCTS AND SERVICES PURCHASED OR RENTED AT THE SERVICES. IN NO EVENT (EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW) WILL LOFTA OR ITS AFFILIATES, SUPPLIERS OR VENDORS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FOR ANY GOODS OR SERVICES OBTAINED ON THE SITE, EVEN IF SUCH ENTITY HAS BEEN ADVISED OR OTHERWISE KNOWS OF THE POSSIBILITY OF SUCH DAMAGES. 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.

THE PROVISIONS OF THESE TERMS OF USE THAT LIMIT LIABILITY, DISCLAIM WARRANTIES, OR EXCLUDE DAMAGES OR OTHER REMEDIES ARE ESSENTIAL TERMS OF THESE TERMS OF USE THAT ARE FUNDAMENTAL TO THE PARTIES’ UNDERSTANDING REGARDING ALLOCATION OF RISK. ACCORDINGLY, THOSE PROVISIONS WILL BE INDEPENDENT OF ANY OTHER PROVISIONS AND WILL BE ENFORCED REGARDLESS OF ANY BREACH OR OTHER OCCURRENCE RELATING TO THESE TERMS OF USE, THE SERVICES OR ANY CONTENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS OF CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES WILL REMAIN FULLY VALID, EFFECTIVE, AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THESE TERMS OF USE TO FAIL OF ITS ESSENTIAL PURPOSE.

14. Modifications

We may modify and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Any changes to these Terms will be effective upon our posting of the notice, provided that these changes will be prospective only and not retroactive. In certain cases, we may also provide a summary of changes to these Terms via email to your email address on file with us. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND YOU AGREE THAT YOUR USE OF THE SERVICES AFTER SUCH NEW TERMS HAVE BEEN POSTED CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS ON THE SERVICES. You are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.

15. Third-Party Sites or Materials

The Services may contain as a convenience to you, content, links and other information submitted by third parties over whom Lofta has no control or responsibility. Lofta has no obligations or liabilities relating to any third party websites or materials. If you access any third party website through the Services or otherwise, you do so at your own risk, even if you use a hyperlink that Lofta supplies or otherwise learn of the third-party website from Lofta or through the Services. Lofta works with a number of partners and affiliates to whose Internet sites the Services hyperlinks. Hyperlinks to or from the Services are for the user’s convenience only. Lofta’s inclusion of hyperlinks to an Internet site or providing information or recommendations relating to an Internet site does not, and should be construed to, mean that Lofta endorses or sponsors or is affiliated with that Internet site. Lofta makes no guarantees about the accuracy, currency, content, or quality of the information provided by third party Internet sites, including any partner or affiliate Internet sites, and Lofta assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those Internet sites. The statements and/or opinions expressed in these third-party links are solely the opinions and the responsibility of the person or entity providing those materials.

16. Arbitration

Important: This Section limits certain legal rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class, collective, or representative claim or action, and the right to certain remedies and forms of relief. Other rights that we or you would have in court, such as an appellate review, also may not be available in the arbitration processes described within this Section. Please review carefully.

YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND LOFTA (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE SERVICES.

1. Mandatory Binding Arbitration for Resolution of Claims or Disputes

Any claim or dispute between you and Lofta arising out of or relating in any way to your use of the Services, these Terms, or Additional Terms (collectively, “Dispute”) must be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the Dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.

1. Waiver of Right to Bring Claims in Court and to Have Them Heard by a Judge and Jury.

You specifically acknowledge and agree that you waive your right to bring a lawsuit for any Dispute, and to have such lawsuit resolved by a judge or jury TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

1. Waiver of Right to Participate in Class, Representative, and Collective Actions.

All arbitrations in connection with any Dispute shall be conducted on an individual (not a class-wide) basis. You acknowledge and agree that with regard to any claims relating in any way to any Dispute, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims without the consent of Lofta. You agree you will not proceed in any court or arbitration proceedings as a representative of others, join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. An arbitrator shall have no authority to certify a class or award class-wide relief, including injunctive relief. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class or collective action applies specifically, but is not limited to, claims brought under California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, and any other state consumer protection laws.

Notwithstanding any other clause contained in these Terms, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the Dispute must be brought exclusively in a state or federal court in California. Accordingly, you and Lofta consent to the exclusive personal jurisdiction and venue of such courts for such matters. Moreover, any action that proceeds in state or federal court shall be tried to a judge and not a jury.

1. Exceptions to Arbitration Agreement.

You and Lofta each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined below): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Lofta agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to Section 3 of the Federal Arbitration Act.

1. Arbitration Procedures.

Informal Dispute Resolution. Before commencing any arbitration proceedings under these Terms, you must first present your Dispute to Lofta by emailing privacy@lofta.com and allowing Lofta the opportunity to resolve the Dispute. You must describe the nature of your Dispute, the basis for your claims and the resolution you are seeking. If your Dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with these Terms. During the sixty (60) days from the date you first contacted us, you and we agree to engage in good faith efforts to resolve the Dispute. During this 60-day time period you and we agree to toll any statutes of limitations that may apply, along with any filing deadlines.

Arbitral Body. Disputes shall be resolved solely by a single, neutral arbitrator of the American Arbitration Association (“AAA”) using the prevailing rules of the AAA, including the AAA’s Consumer Arbitration Rules and AAA Mass Arbitration Supplementary Rules, as modified by this Arbitration Agreement. These rules are available by calling the AAA, at 1-800-778-7879, or by visiting its website at www.adr.org. Alternatively, the arbitration may be conducted by any other arbitration administration service that you and an officer or legal representative of Lofta consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau), or the provincial or territorial judicial district, as applicable, where you are a resident at the time the Dispute is submitted to arbitration.

Arbitration Fees. You and Lofta will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Lofta to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Lofta will have the right to elect to pay the fees and costs and proceed to arbitration.

You are responsible for paying your portion of the fees set forth in the AAA fee schedule. Except as modified by the Additional Procedures for Multiple Case Filings, Lofta will pay all remaining fees. If you believe you cannot afford the AAA fee, you may apply to AAA for a fee waiver.

Attorneys’ Fees. You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties’ attorneys’ fees provision as part of any statute under which you may bring a claim.

Choice of Law. These Terms will be interpreted and construed by the United States Federal Arbitration Act and the laws of the state of California. Other laws may apply to underlying substantive claims. All questions or disputes regarding the validity, effect, applicability, and enforceability of the arbitration provisions of these Terms and of the waiver of class action lawsuit and waiver of class-wide arbitration are to be determined solely by a court and not an arbitrator. If, for any reason, this Arbitration Agreement (Section 16) is held to be unconscionable or unenforceable or for judicial proceedings that are excluded from the Arbitration Agreement in Section 16(c), then the parties hereby submit to the exclusive jurisdiction of the state or federal court located in California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction of courts located in La Jolla, California.

Additional Procedures for Multiple Case Filings. You and we agree that these Additional Procedures for Multiple Case Filings (in addition to the other terms of this Arbitration Agreement and AAA Mass Arbitration Supplementary Rules) shall apply if you participate in a Multiple Case Filing. To the extent these procedures conflict with the AAA Consumer or Mass Arbitration Supplementary Rules, these procedures apply. If twenty-five (25) or more similar Disputes (including yours) are instituted against Lofta by the same or coordinated counsel or otherwise are coordinated by the AAA, Lofta, in its sole discretion, may elect to opt the Disputes out of arbitration and require the Disputes to proceed in a court of competent jurisdiction consistent with the remainder of these Terms, including the Class and Collective Action Waiver. Notwithstanding this option available to Lofta, counsel for the parties may mutually agree to proceed in arbitration using agreed upon bellwether, batching or similar procedures to reduce the costs and gain efficiencies associated with litigating multiple cases. If such bellwether, batching, or similar procedures are used, the remaining similar Disputes instituted by the same or coordinated counsel shall not be deemed filed for purposes of assessing arbitration fees until the first batch or set of bellwether cases are arbitrated and the remaining Dispute(s) are selected for arbitration. If these Additional Procedures apply to your claim, any applicable statute of limitations shall be tolled from the time the first cases are selected for a bellwether, batched or similar procedure until your claim is selected for a bellwether, batched or similar procedure, withdrawn or otherwise resolved.

Opt-Out of Mandatory Arbitration. You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this Section by sending written notice of your decision to opt-out to the following email address: privacy@lofta.com, using the subject line “Arbitration Opt-Out.” The notice must be sent within thirty (30) days from the date you first are presented with the arbitration agreement; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section 16. If you opt-out of these arbitration provisions, Lofta also will not be bound by them.

Survival. Except as provided in Section 16(e), this Section 16 will survive any termination of these Terms and will continue to apply even if you stop using the Services.

17. Miscellaneous

Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain in full force and effect. No waiver of any breach of any provision of these Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.

Assignment. You will not transfer or assign any rights or licenses granted to you pursuant to these Terms, and any purported assignment or other transfer in violation of this paragraph will be null and void and of no force or effect.

Force Majeure. Lofta will not be liable for any failure to perform any of its obligations under these Terms if its performance of such obligations is substantially hindered due, directly or indirectly, to any circumstance beyond its reasonable control, including, but not limited to, war, riot, fire, flood, explosion, storm, accident, civil unrest, strike, lockout, trade dispute, labor disturbance, failure of any machine, system of authorization, data processing or communication system or transmission link, act of any governmental agent, department or other entity or act of God.

Entire Agreement. You agree that these Terms and the other documents referenced herein (including the Privacy Policy and our Shipping and Return Policy), constitute the entire agreement between you and Lofta with respect to use of the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase or rent certain services, products, content, or software.

Electronic Communications. We may communicate with you electronically in regard to the Services, including by email, and we may collect information related to communications between you and Lofta. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Services, your action is intended as an electronic signature which binds you as if you had signed on paper. Should you interact with us via SMS text message, you also agree to our SMS Terms of Use, which are incorporated into these Terms by reference.

Contact Information. If you have any questions regarding these Terms or the Services, you may contact us by email at privacy@Lofta.com.