Terms of service

KYLIEBLOOM® — TERMS OF USE & CONDITIONS OF SALE
Last updated: 10 September 2026

IMPORTANT — PLEASE READ CAREFULLY
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A MASS ACTION WAIVER, AND A JURY TRIAL WAIVER (SECTIONS 22 THROUGH 26) THAT AFFECT YOUR LEGAL RIGHTS. DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, EXCEPT AS EXPRESSLY PROVIDED BELOW. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 26.

THESE TERMS ALSO GOVERN THE KYLIEBLOOM® VIP CLUB, WHICH IS AN AUTOMATICALLY RENEWING PAID SUBSCRIPTION. IF YOU ENROL, YOU WILL BE CHARGED ON A RECURRING BASIS UNTIL YOU CANCEL. SEE SECTION 6 FOR THE FULL AUTOMATIC RENEWAL AND CANCELLATION TERMS.

BY VISITING, INTERACTING WITH OR USING OUR SERVICES, OR BY PURCHASING FROM US, YOU ACCEPT AND ARE BOUND BY THESE TERMS IN THEIR ENTIRETY.

OVERVIEW
Welcome to KylieBloom®. The terms "we", "us" and "our" refer to KylieBloom®. KylieBloom® operates this store and website, including all related subdomains, checkout funnels, landing pages, mobile experiences, information, content, features, tools, products and services (the "Services"). KylieBloom® is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service ("Terms"), together with any policies referenced in them, describe your rights and responsibilities when you use the Services. They include important information about your legal rights, including warranty disclaimers, limitations of liability, and the dispute resolution provisions above.
By using the Services you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.

SECTION 1 — ACCEPTANCE, ELECTRONIC ASSENT, AND CHANGES
1.1 Acceptance. By accessing the Services, creating an account, enrolling in the VIP Club, clicking a button indicating agreement, or purchasing any product, you represent that you are at least eighteen (18) years of age and the age of majority in your state or province of residence, that you have full legal capacity to enter into a binding agreement, and that you agree to be bound by these Terms in their entirety. You also give us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
1.2 Electronic assent; clickwrap. Where presented, you will be required to take an affirmative action, such as ticking an unchecked box or clicking a clearly labelled button, acknowledging your agreement to these Terms before completing certain transactions. That affirmative action constitutes legally binding electronic consent.
1.3 Changes to these Terms. We may revise these Terms at any time in our sole discretion. You can review the most current version on this page at any time. Where changes are material, we will provide reasonable notice by email, account notification, or website banner, and the changes take effect on the date specified in that notice. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

SECTION 2 — ACCESS AND ACCOUNT
We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services for your personal, non-commercial use only. We reserve the right to modify or discontinue any part of the Services, restrict or terminate access, or refuse service to any user at any time and for any reason, and we are not liable if the Services become unavailable.
To use the Services you may be asked to provide information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. Notify us immediately at support@kyliebloom.com of any unauthorised access. You may not transfer, sell, assign, or licence your account to any other person. We may disable accounts at our discretion for violations of these Terms.

SECTION 3 — OUR PRODUCTS
We have made every effort to represent our products accurately. Colours and product appearance may differ from how they appear on your screen depending on your device and its settings.
We do not warrant that the appearance or quality of any product will meet your expectations or be the same as depicted in our online stores.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
Any reliance you place on information presented through the Services is strictly at your own risk. We disclaim all liability arising from reliance placed on Website materials, on any interpretation of product descriptions, or on any third-party materials or testimonials appearing on the Services.

SECTION 4 — ORDERS
When you place an order you are making an offer to purchase. KylieBloom® reserves the right to accept or decline your order for any reason at its discretion, including suspected fraud, pricing errors, or product unavailability. Your order is not accepted until KylieBloom® confirms acceptance, and we must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time of the order.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 5 — PRICES, PAYMENT AND BILLING
5.1 Prices. Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect when the order is placed, as set out in your order confirmation email. Prices are listed in U.S. dollars. Unless expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. Prices in our online stores may differ from prices offered in physical stores or in stores operated by third parties.
From time to time we may run promotions governed by terms separate from these Terms. Where a promotion's terms conflict with these Terms, the promotion terms govern.
5.2 Payment authorisation. By providing a payment method you represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are duly authorised to use that payment method, (iii) charges you incur will be honoured by your card issuer, and (iv) you will pay the charges you incur at the posted prices, including shipping and handling charges and all applicable taxes. You authorise us to charge your payment method for products purchased, VIP Club renewals, shipping charges, applicable taxes, and any other disclosed fees. If payment is declined we may suspend or cancel your order.
5.3 Updating your information. You agree to keep your purchase, payment and account information current, complete and accurate, including your email address, card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5.4 Account updater. We may receive updated card information from your issuer, such as a new card number or expiration date, and update your account accordingly, and you authorise us to charge the updated payment method. If you do not want your payment information updated automatically, contact your card issuer, remove your stored payment method, or cancel your VIP Club membership. You are responsible for any bank or card fees. If a charge is reversed, we may invoice you directly and seek payment by another method.
5.5 Third-party payment processors. Payments may be processed through third-party providers. Your use of those providers is subject to their own terms and privacy policies, and we are not responsible for payment processor errors.

SECTION 6 — VIP CLUB: SUBSCRIPTION, AUTOMATIC RENEWAL AND CANCELLATION
PLEASE READ THIS SECTION CAREFULLY. THE KYLIEBLOOM® VIP CLUB IS A PAID SUBSCRIPTION THAT RENEWS AUTOMATICALLY AND CHARGES YOUR PAYMENT METHOD ON A RECURRING BASIS UNTIL YOU CANCEL.

6.1 Enrolment. The Services may offer a membership option ("VIP Club" or "Subscription Service") providing discounts and other member benefits in exchange for a recurring fee. If you enrol, you agree that your membership carries recurring payment obligations and that KylieBloom® is authorised to charge your payment method automatically at the stated billing interval until you cancel.
6.2 Free trial. New members are eligible for a one-time 10-day free trial. By starting a free trial you authorise us to charge your selected payment method when the trial ends, unless you cancel before the trial expiration date. The free trial is limited to one per member, household, and payment method.
6.3 Clear and conspicuous disclosure; affirmative consent. Before you confirm your billing information and complete enrolment, we will present a clear and conspicuous notice, in visual proximity to the request for your consent, disclosing all of the following:
- That your membership will automatically renew and that you will be charged on a recurring basis unless you cancel;
- The length of the renewal period and any additional renewal terms, being every twenty-eight (28) days;
- The amount you will be charged per renewal period and the frequency of those charges, being $49.95 every 28 days, unless you take timely steps to cancel;
- That the first charge is made immediately upon completion of the 10-day free trial;
- The cancellation methods available to you, including how to cancel online and how to contact us;
- A direct link to the online cancellation process at kyliebloom.com/pages/membership; and
- Our contact information, as set out in Section 31.
You will be required to take an affirmative action, such as ticking an unchecked acknowledgment box or clicking a clearly labelled button, expressly confirming your consent to the recurring charges before your purchase is completed. That affirmative action constitutes express informed consent to the automatic renewal terms. We do not use pre-checked boxes or other default mechanisms to obtain this consent.
6.4 Automatic renewal. UNLESS YOU CANCEL IN ACCORDANCE WITH THESE TERMS, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT RATE AND AT THE SAME BILLING INTERVAL YOU SELECTED AT CHECKOUT. Upon completion of the 10-day free trial your membership converts to a paid 28-day membership and a membership fee of $49.95 is charged immediately. Your membership then continues and renews automatically every 28 days. You authorise these recurring charges until your membership is cancelled.
6.5 Post-enrolment confirmation. Following enrolment we will send an order confirmation to the email address you provided. That confirmation will include (a) a summary of the automatic renewal terms, (b) the amount charged and the billing frequency, (c) the cancellation methods available to you, and (d) a direct link to the online cancellation process. Please retain it for your records. If you do not receive a confirmation within 24 hours of enrolling, contact us at support@kyliebloom.com.
6.6 How to cancel; no unreasonable barriers. You may cancel your trial or membership at any time by any of the following methods. To avoid being charged for the next billing period, cancellation must be completed at least twenty-four (24) hours before your next scheduled billing date. To avoid being charged for the first membership period, cancellation must occur before the end of the 10-day free trial.
- Online, easiest: visit kyliebloom.com/pages/membership and follow the clearly labelled cancellation steps. No phone call is required.
- Email: send a cancellation request to support@kyliebloom.com. We will confirm within one (1) business day.
- Contact form: submit a request through our Contact & Care page.
- Phone: call +1 (888) 696-3932 and we will cancel while you are on the line.
We will not require you to speak with a live representative, complete a retention flow, or take any step beyond those described above in order to cancel. Cancellations submitted through the online portal take effect on on-screen confirmation, and you will receive a cancellation confirmation email to the address on file. No further recurring charges will be processed after the current billing period concludes.
6.7 Effect of cancellation. If you cancel during an active 28-day membership period, your member benefits remain available until the end of that period. Membership fees already charged are not refunded, as set out in Section 8.
6.8 Failed payments; reauthorisation. If a recurring charge fails, you authorise us to retry the charge, contact you for updated payment information, and suspend member benefits and shipments until payment is received. Your continued enrolment constitutes reaffirmation of your authorisation to charge your payment method. Unpaid balances may be referred for collection where permitted by law.
6.9 Member benefits; eligibility; changes. VIP members are eligible to receive discounts ranging from 20% to 80% off select products available in our store. Discount amounts vary by product, promotion, inventory availability, and seasonal offers, and not all products are eligible. Discounts apply only to qualifying purchases made during an active membership period and cannot be combined with other coupons, promotional offers, clearance pricing, or special discounts unless expressly stated. Certain brands, products, services, gift cards, or limited-time offers may be excluded. Benefits are available only to active members in good standing with a valid payment method on file, are non-transferable, and may only be used by the enrolled member. We reserve the right to modify VIP discount offerings, participating products, and membership benefits at any time without prior notice; any change applies prospectively and does not affect completed purchases.
6.10 Changes to membership pricing. We reserve the right to modify membership pricing upon reasonable notice, and will provide advance notice as required by law. Any pricing change applies to future billing cycles and does not affect the current paid membership period.
6.11 California subscriber rights. If you are a California resident, the following additional disclosures apply under California Business and Professions Code Section 17601 et seq. (the Automatic Renewal Law) and Section 17535 et seq.:
- Automatic renewal terms: your membership renews automatically every 28 days at the then-current price unless you cancel before the next renewal date.
- Cancellation: you may cancel at any time at kyliebloom.com/pages/membership, by emailing support@kyliebloom.com, or by calling +1 (888) 696-3932. We will not make it difficult for you to cancel.
- Refund for unauthorised charges: if we fail to provide the required disclosures before your enrolment, we will provide a full refund of any charges you did not authorise. Contact support@kyliebloom.com to request a refund under this provision.
- Contact: KylieBloom®, support@kyliebloom.com, +1 (888) 696-3932. You may also contact the California Department of Consumer Affairs, Consumer Information Division, 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.

SECTION 7 — SHIPPING, DELIVERY, TITLE AND RISK OF LOSS
Products are shipped by third-party carriers. An accurate shipping address and phone number are required, and we are not responsible for delays or non-delivery caused by incorrect addresses you provide. Contact support@kyliebloom.com immediately for address changes; we cannot guarantee edits after an order is submitted.
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Unless otherwise required by law, title and risk of loss pass to you once we transfer products to the carrier. International customers are responsible for any customs duties and import taxes.
7.1 Delivery confirmation. Carrier delivery confirmation is deemed conclusive proof of delivery to the address you provided, even without a signature. You agree that such confirmation constitutes sufficient evidence of delivery for the purpose of resolving disputes, including chargebacks and claims of non-delivery.

SECTION 8 — RETURNS AND REFUNDS
Please review our Refund Policy for complete terms. Unless otherwise stated there, all sales are final. Refunds, where applicable, are processed to the original payment method, and bank posting times vary. Shipping and handling fees are non-refundable.
Membership fees are non-refundable except where required by applicable law. Partial billing periods, unused time, or failure to use membership benefits do not qualify for refunds.

SECTION 9 — INTELLECTUAL PROPERTY
The Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, software and design elements, and the selection and arrangement of them, are owned by KylieBloom®, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Nothing in these Terms grants a licence or other rights under any patent, trademark, copyright, or other intellectual property of KylieBloom®, Shopify or any third party. Unauthorised use may violate federal and state intellectual property laws. All rights not expressly granted are reserved.
KylieBloom®'s names, logos, product and service names, designs and slogans are trademarks of KylieBloom® or its affiliates or licensors, and you must not use them without prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other marks on the Services belong to their respective owners.
9.1 Copyright notices. If you believe content on the Services infringes your copyright, send notice to support@kyliebloom.com including (i) identification of the copyrighted work, (ii) identification of the infringing material and its location, (iii) your contact information, (iv) a statement of good-faith belief, and (v) a statement of accuracy under penalty of perjury.

SECTION 10 — OPTIONAL TOOLS AND THIRD-PARTY LINKS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. Access to such tools is provided "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from your use of optional third-party tools, and any use is at your own risk and discretion. You should ensure you are familiar with and approve of the terms on which those tools are provided.
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating their content, practices, accuracy or legality, and if you leave the Services to access them you do so at your own risk. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
New features we offer through the Services in future are also part of the Services and subject to these Terms.

SECTION 11 — RELATIONSHIP WITH SHOPIFY
KylieBloom® is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with KylieBloom®. By using the Services you acknowledge that Shopify is not responsible for any aspect of any sale between you and KylieBloom®, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with KylieBloom®.

SECTION 12 — PRIVACY, COOKIES AND ELECTRONIC COMMUNICATIONS
All personal information we collect through the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services you acknowledge that you have read these policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit may be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside. Our Services use cookies, pixels and similar tracking technologies operated by us and third parties to enhance user experience, analyse performance, personalise content, and support advertising and marketing.
By using the Services, creating an account, or making a purchase, you consent to receive electronic communications from us, including order confirmations, shipping notifications, membership renewal and cancellation notices, customer service communications, and marketing emails if you have opted in. You may opt out of marketing emails using the unsubscribe link in those messages. Electronic communications satisfy any legal requirement that such communications be in writing.

SECTION 13 — FEEDBACK, REVIEWS AND USER CONTENT
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, transferable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use.
You represent and warrant that (i) you own or have all necessary rights to the Feedback, (ii) you have disclosed any compensation or incentive received in connection with it, (iii) it is truthful and not misleading, and (iv) it complies with these Terms. We are under no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it.
We may, but are not obliged to, monitor, edit or remove Feedback we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.
Your Feedback must not violate any right of any third party, including copyright, trademark, privacy, personality or other proprietary rights, and must not contain unlawful, abusive or obscene material or any virus or malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy, and we assume no liability for Feedback posted by you or any third party.
We reserve the right to cooperate fully with law enforcement authorities or any court order directing us to disclose user information, and you hold us harmless from claims arising from good-faith disclosures made in compliance with legal obligations.

SECTION 14 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

SECTION 15 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local law, rule, regulation or ordinance; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters or spam; (h) to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm KylieBloom®, Shopify or users of the Services, or expose them to liability.
You further agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext the Services; (e) use any robot, spider, scraper, data gathering and extraction tool, automatic device or process, AI tool including agentic AI, or automated or manual means to access the Services; or (f) interfere with, bypass or circumvent our security or authorisation features, robot exclusion headers, or other access-restriction measures. We reserve the right to investigate and pursue violations to the fullest extent permitted by law and to suspend, disable or terminate your account at any time, without notice, for any violation of these Terms.

SECTION 16 — AGENTS
16.1 This section applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can execute on behalf of or using a person's device without direct supervision.
16.2 No Agent may access, use or interact with the Services unless it identifies itself and operates in strict accordance with Section 16.4 at all times. No Agent may access the Services if we have requested that it refrain from doing so.
16.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.
16.4 Agents must: (i) identify in all HTTP/HTTPS requests that the request is from an Agent and disclose the Agent's name in the user agent string in the form "Agent/[agent name]"; (ii) not conceal or obfuscate that any interaction is from an Agent, including by mimicking human behaviour and interaction patterns or by completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether interactions come from a human or a computer; and (iv) not circumvent or avoid any measure intended to block, limit, modify or control Agent access.

SECTION 17 — TERMINATION
These Terms remain in effect until terminated. We may terminate this agreement or your access to the Services, or any part of them, in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Limitation on Time to File Claims, Dispute Resolution and Binding Arbitration, Class Action Waiver, Mass Action Waiver, Jury Trial Waiver, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, payment obligations, and any other provision that by its nature should survive.

SECTION 18 — DISCLAIMER OF WARRANTIES
The information presented through the Services is made available solely for general information purposes. We do not warrant its accuracy, completeness or usefulness, and any reliance you place on it is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY KYLIEBLOOM®, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, ACCURACY, RELIABILITY, AVAILABILITY AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PRODUCTS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

SECTION 19 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL KYLIEBLOOM®, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SERVICES, ANY PRODUCT PURCHASE, ANY MEMBERSHIP OR AUTOMATIC RENEWAL, OR ANY ADVERTISING OR MARKETING PRACTICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
19.1 Cap on direct damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO KYLIEBLOOM® DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THIS SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDY.
19.2 Allocation of risk. You acknowledge that the pricing of our products and memberships reflects the allocation of risk set out in this Section and that we would not enter into these Terms without these limitations.

SECTION 20 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless KylieBloom®, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers and successors from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 21 — LIMITATION ON TIME TO FILE CLAIMS
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY PRODUCT, OR ANY MEMBERSHIP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. IF NOT COMMENCED WITHIN THAT PERIOD, THE CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO ALL CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

SECTION 22 — DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND KYLIEBLOOM® AGREE TO RESOLVE ALL DISPUTES EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION.
22.1 Agreement to arbitrate. You and KylieBloom® agree that any dispute, claim, controversy or cause of action arising out of or relating to these Terms, the Services, any product, any membership or automatic renewal, any advertising or marketing practice, or any alleged misrepresentation (a "Dispute") shall be resolved exclusively through binding, confidential arbitration on an individual basis. The term "Dispute" is to be interpreted broadly.
22.2 Federal Arbitration Act. These Terms evidence a transaction in interstate commerce. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation, enforcement and proceedings under this arbitration agreement. The arbitrator shall decide all threshold issues of arbitrability, including scope, validity and enforceability.
22.3 Mandatory pre-arbitration notice. Before initiating arbitration, the initiating party must send a written Notice of Dispute including full name, mailing address, the email address associated with the account, a description of the claim, and the specific relief sought. Notice to us must be sent by email to support@kyliebloom.com with "Notice of Dispute" in the subject line, and is effective on the date sent. Notice to you will be sent to the email address associated with your account. The parties shall engage in good-faith efforts to resolve the Dispute for thirty (30) days after notice is given, and neither party may file arbitration before that period expires.
22.4 Reservation of self-help remedies. Nothing in this Section prevents us from exercising lawful self-help remedies, including responding to chargebacks, pursuing collection efforts, suspending or terminating accounts, offsetting amounts owed, or enforcing payment obligations as permitted by law.
22.5 Arbitration procedure. Arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules before a single neutral arbitrator. If the AAA declines administration, the parties shall mutually select a nationally recognised arbitration provider; if they cannot agree, a court shall appoint one. The arbitrator may award all remedies available in an individual action under applicable substantive law, including compensatory damages, statutory damages, punitive damages, declaratory relief, injunctive relief, and attorneys' fees where authorised by statute or contract. The arbitrator may not award relief on a class, representative or consolidated basis.
22.6 Cost allocation. Payment of filing, administration and arbitrator fees is governed by the AAA Consumer Arbitration Rules. To the extent required by those rules, we will bear arbitration fees in excess of the amount you would pay to file a comparable action in court. Each party bears its own attorneys' fees unless otherwise provided by law.
22.7 Small claims exception. Either party may bring an individual action in small claims court.
22.8 Equitable and protective relief. We may seek temporary, preliminary or permanent injunctive or equitable relief in state or federal court for claims involving intellectual property, confidential information, unauthorised resale, fraud, misuse of the Services, or violation of these Terms in a manner that threatens irreparable harm. You consent to the exclusive jurisdiction and venue of such courts for these limited purposes.
22.9 Public injunctive relief. To the extent applicable law prohibits waiver of a claim for public injunctive relief, that claim may be brought in a court of competent jurisdiction. All other claims seeking monetary, individualised or non-public injunctive relief remain subject to binding arbitration.

SECTION 23 — CLASS ACTION WAIVER
YOU AND KYLIEBLOOM® AGREE THAT ALL DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, TO SERVE AS A CLASS REPRESENTATIVE OR CLASS MEMBER, TO ACT AS A PRIVATE ATTORNEY GENERAL, OR TO JOIN OR CONSOLIDATE CLAIMS WITH THOSE OF ANY OTHER PERSON. THE ARBITRATOR HAS NO AUTHORITY TO CONDUCT ANY CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED PROCEEDING.
THIS WAIVER APPLIES TO ALL DISPUTES, INCLUDING ANY DISPUTE RELATING TO THE VIP CLUB, ITS FREE TRIAL, ITS AUTOMATIC RENEWAL, ANY RECURRING CHARGE, OR ANY DISCLOSURE OR MARKETING PRACTICE CONNECTED WITH IT.
IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED AND PROCEED IN A COURT OF COMPETENT JURISDICTION, AND ALL REMAINING CLAIMS SHALL CONTINUE IN ARBITRATION ON AN INDIVIDUAL BASIS.

SECTION 24 — MASS ACTION WAIVER
No Dispute shall be brought as a "Mass Action". A Mass Action means twenty-five (25) or more similar arbitration demands filed within one hundred eighty (180) days and coordinated by the same or affiliated counsel. Such claims shall not be consolidated or administered collectively without our consent.
24.1 Batching. If Mass Action conditions are met, claims shall be grouped in batches of no more than two hundred (200) claimants, with only one batch proceeding at a time and a separate arbitrator appointed for each batch. Statutes of limitation shall be tolled during the batching period.
24.2 Special master. A neutral special master may be appointed to resolve procedural disputes regarding Mass Action administration.

SECTION 25 — JURY TRIAL WAIVER
IF ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND KYLIEBLOOM® EACH WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.

SECTION 26 — OPT-OUT RIGHT
You may opt out of the arbitration agreement in Section 22, the class action waiver in Section 23, and the mass action waiver in Section 24 within thirty (30) days of your first acceptance of these Terms, by sending written notice by email to support@kyliebloom.com with "Arbitration Opt-Out" in the subject line. Your notice must include your name, the email address associated with your account, and a clear statement of your intent to opt out. Opting out does not affect your other rights or obligations under these Terms, and we will not retaliate against you for opting out.

SECTION 27 — CLAIM-SPECIFIC SEVERABILITY
If any portion of Sections 22 through 25 is found unenforceable as to a specific claim, that claim shall proceed in a court of competent jurisdiction while all other claims remain subject to arbitration on an individual basis.

SECTION 28 — GOVERNING LAW
Except as otherwise provided in Section 22, these Terms and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to conflict-of-law principles. Subject to Section 22, you and KylieBloom® consent to venue and personal jurisdiction in the state and federal courts located in [STATE].

SECTION 29 — FORCE MAJEURE
We shall not be liable for any delay or failure to perform any obligation under these Terms where it results from causes beyond our reasonable control, including acts of God, natural disasters, pandemics or public health emergencies, labour disputes, supply chain disruptions, governmental actions, war or terrorism, internet service failures, payment processor outages, or carrier delays. Performance is excused for the duration of such an event.

SECTION 30 — SEVERABILITY; WAIVER; ENTIRE AGREEMENT; ASSIGNMENT; HEADINGS
30.1 Severability. If any provision of these Terms is determined to be unlawful, void or unenforceable, it shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed without affecting the validity and enforceability of the remaining provisions.
30.2 No waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of future enforcement. A waiver is effective only if in writing and signed by our duly authorised representative.
30.3 Entire agreement. These Terms, together with our Privacy Policy, Refund Policy and any operating rules posted by us, constitute the entire and integrated agreement between you and us regarding your use of the Services and purchase of products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior versions of these Terms. Any ambiguity shall not be construed against the drafting party.
30.4 Assignment. You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt is null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you, including in connection with a merger, acquisition, corporate reorganisation, sale of assets, or by operation of law.
30.5 Headings. Headings are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 31 — CONTACT INFORMATION
Questions about these Terms should be sent to support@kyliebloom.com.
KylieBloom®
Email: support@kyliebloom.com
Phone: +1 (888) 696-3932
Contact form: kyliebloom.com/pages/contact
Membership cancellation: kyliebloom.com/pages/membership