Terms of Use

Terms of Use
HEADTO TOE BRANDS WEBSITE TERMS OF USE
Last Updated on November 7, 2024
1. Introduction. BCC Services Holding Company “Head to Toe Brands” and its affiliates
(collectively, “Head to Toe,” “we,” “us,” or “our”) are pleased to provide you with this website and
other online or digital services (the “Website”). These Terms of Use, together with any terms
expressly incorporated by reference, including the Head to Toe Online Privacy Notice, govern
your access to and use of the Website. By clicking “I Accept” if prompted, or creating an
account, you agree to these Terms of Use. If you do not agree to these Terms of Use, you
should not access the Website. Capitalized terms used but not defined in these Terms of Use
have the meaning given to them in our Online Privacy Notice. Please refer to our Online Privacy
Notice to learn about our privacy practices with respect to your Personal Information.
PLEASE NOTE THAT THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION
PROVISION THAT REQUIRES ARBITRATION, WAIVES YOUR RIGHT TO TRIAL BY JURY,
AND WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR
REPRESENTATIVE PROCEEDING IN THE EVENT OF DISPUTES, AS SET OUT IN MORE
DETAIL BELOW.
2. Eligibility and Availability.
In order to access the Website, the following must be true:
 You are at least 18 years of age or older; and
 You live in the United States and in a state or territory where the Website is made
available.
If you do not meet these requirements, you must not access or use the Website. You
understand and agree that satisfying the above requirements does not guarantee that you will
receive access to the Website. In addition to the above requirements, Head to Toe and its
affiliates reserve the right to change or include new requirements as deemed appropriate in their
sole discretion without providing prior notice to you.
Head to Toe is based in the United States. We provide the Website for use only to persons
located in the United States. We make no claims or representations that the Website or any of
their content is accessible or appropriate outside of the United States. Access to the Website
may not be legal by certain persons or in certain countries. If you access the Website from
outside the United States, you do so on your own initiative and are responsible for compliance
with local laws.
3. Relationship to Other Terms and Policies. Our Online Privacy Notice describes in detail
our online information practices and how we gather, use, share, and protect your information
when you use, access, or visit the Website. By accessing or using the Website, you agree to
our information collection and use practices as disclosed in our Online Privacy Notice. You may
review the Online Privacy Notice by clicking on the above link.
If there are additional terms associated with a specific online service or portion of the Website,
you will be presented with those additional terms at the time you access the online service or portion of the Website (the “Additional Terms”). Those Additional Terms supplement these

Terms of Use and are incorporated herein. To the extent there is any conflict between these
Terms of Use and any Additional Terms, the Additional Terms shall control with respect to the
specific online service or portion of the Website provided subject to those Additional Terms.
4. Restrictions on Use. You may use the Website only for lawful purposes and in accordance
with these Terms of Use. You will comply with all applicable laws, including any and all laws in
your relevant states and localities, pertaining to the use of the Website. You agree not to use
the Website:
 In any way that violates any applicable federal, state, local or international law or
regulation (including, without limitation, any laws regarding the export of data or software
to and from the United States or other countries);
 To impersonate or attempt to impersonate us, our employees, or any other person or
entity (including, without limitation, by using e-mail addresses or screen names
associated with any of the foregoing); and
 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of
the Website, or which, as determined by us, may harm us or other users of the Website
or expose them to liability.
Additionally, you agree not to:
 Use the Website in any manner that could disable, overburden, damage, or impair the
Website or interfere with any other user’s use of the Website, including his or her ability
to engage in real time activities through the Website;
 Use any robot, spider or other automatic device, process or means to access the
Website for any purpose, including monitoring or copying any of the material on the
Website;
 Use any manual process to monitor or copy any of the material on the Website or for any
other unauthorized purpose without our prior written consent;
 Use any device, software or routine that interferes with the proper working of the
Website;
 Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other
material which is malicious or technologically harmful;
 Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the
Website, the server on which the Website is stored or hosted, or any server, computer or
database connected to the Website;
 Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
and
 Otherwise attempt to interfere with the proper working of the Website.
5. User Contributions The Website may contain message boards, chat features, personal web
pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive
Services”) that allow users to post, submit, publish, display, or transmit to other users or other

persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or
through the Website. All User Contributions must comply with the Content Standards set out in
these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-
proprietary. By providing any User Contribution on the Website, you grant us and our 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 material in connection with the Website, including, without limitation, the
operation and marketing thereof.
You represent and warrant that you own or control all rights in and to the User Contributions and
have the right to grant the license granted above and all of your User Contributions do and will
comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you
submit or contribute, and you, not Head to Toe, have full responsibility for such content,
including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable
to any third party for the content or accuracy of any User Contributions posted by you or any
other user of the Website.

6. Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
 Take any action with respect to any User Contribution that we deem necessary or
appropriate in our sole discretion, including if we believe that such User Contribution
violates the Terms of Use, including the Content Standards, infringes any intellectual
property right or other right of any person or entity, threatens the personal safety of
users of the Website or the public, or could create liability for Head to Toe.
 Disclose your identity or other information about you to any third party who claims that
material posted by you violates their rights, including their intellectual property rights or
their right to privacy.
 Take appropriate legal action, including without limitation, referral to law enforcement, for
any illegal or unauthorized use of the Website.
 Terminate or suspend your access to all or part of the Website for any reason, including,
without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement
authorities or court order requesting or directing us to disclose the identity or other information
of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HEAD TO
TOE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HEAD
TO TOE DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER
HEAD TO TOEOR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review material before it is posted on the Website and cannot ensure
prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

7. Content Standards. These content standards apply to any and all User Contributions and
use of Interactive Services. User Contributions must in their entirety comply with all applicable
federal, state, local, and international laws and regulations. Without limiting the foregoing, User
Contributions must not:
 Contain any material that is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory, or otherwise objectionable.
 Promote sexually explicit or pornographic material, violence, or discrimination based on
race, sex, religion, nationality, disability, sexual orientation, or age.
 Infringe any patent, trademark, trade secret, copyright, or other intellectual property or
other rights of any other person.
 Violate the legal rights (including the rights of publicity and privacy) of others or contain
any material that could give rise to any civil or criminal liability under applicable laws or
regulations or that otherwise may be in conflict with these Terms of Use and our Privacy
Policy.
 Be likely to deceive any person.
 Promote any illegal activity, or advocate, promote, or assist any unlawful act.
 Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass,
alarm, or annoy any other person.
 Impersonate any person, or misrepresent your identity or affiliation with any person or
organization.
 Involve commercial activities or sales, such as contests, sweepstakes, and other sales
promotions, barter, or advertising.
 Give the impression that they emanate from or are endorsed by us or any other person
or entity, if this is not the case.
8. Copyright Infringement. If you believe that any User Contributions violate your copyright,
please send us a notice of copyright infringement to info@httbrands.com. It is the policy of
Head to Toe to terminate the user accounts of repeat infringers.
9. Intellectual Property. The Website and the entirety of its contents, features and
functionality (including, but not limited to, all information, software, text, displays, images, video
and audio, and the design, selection and arrangement thereof), are owned, controlled or
licensed by us, our licensors, suppliers or affiliates, or by other third parties who have licensed
their materials to us and are protected by United States and international copyright, trademark,
patent, trade secret and other intellectual property or proprietary rights laws. No right, title or
interest in or to the Website or any content on the Website is transferred to you, and we reserve
all rights not expressly granted herein. Any use of the Website not expressly permitted by these
Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. The Head to Toe names and logos and all related product and service names, brand colors, design marks and slogans are the trademarks or service marks of Head to Toe. No trademark or service mark license is granted in connection with the materials contained within the Website. Access to the Website does not authorize anyone to use any Head to Toe name, logo, or mark in any.

10. Links to Other Sites. In an effort to provide you with additional information, Head to Toe
website may include links to third-party website. We make no representations about any third-
party website. A hyperlink to another party’s website does not mean that Head to Toe endorses
or accepts the content or use of the site or its privacy practices. The privacy practices of linked
sites could be different from those of Head to Toe. If you access third-party linked sites from
Head to Toe website, you are solely responsible for the access and use of the third-party linked
sites.
11. Access, Correction, and Data Integrity. Although we attempt to maintain the integrity
and accuracy of the information on the Website, we make no guarantees as to its correctness,
completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or
other errors or omissions. If you believe that information found on the Website is inaccurate or
unauthorized, please inform us by contacting us at the contact details provided in Section 23
“Contact Information.”
12. Security. We implement reasonable and appropriate security measures to protect your
Personal Information from loss, misuse and unauthorized access, disclosure, alteration and
destruction, taking into account the risks involved in processing and the nature of such data,
and comply with applicable laws and regulations. However, that no security system is
impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that
the information you supply will not be intercepted while being transmitted to and from us over
the Internet. Also, no data transmission over the internet is 100 percent secure. You should
take appropriate precautions to protect personal and confidential information, including any
passwords or account information, and to use the Website and your devices or applications in a
secure and responsible manner. You, not Head to Toe, are responsible for the security of your
devices and your transmission of information over the internet, and if you have any concerns
about the transmission of your information over the internet, you should use other means of
communication.
13. Electronic Communications. You agree to receive invitations, notifications, reminders,
and other communications from Head to Toe (and any of its affiliates or agents) by e-mail,
phone or other method of communication. These communications may include (but are not
limited to):
 Promotional Offers; and
 Website updates.
By providing your e-mail address, phone number, or other method of communication, you are
agreeing to be contacted by or on behalf of Head to Toe to receive marketing-related
information and other operational services. These communications may not be secure.
Unsecured communications pose a risk to the confidentiality and privacy of information being
sent because they might be intercepted by a third party. You can opt out of receiving one of our
electronic communications by following the instructions for unsubscribing contained in the electronic communication. Please allow us thirty (30) business days from when the request was received to complete the removal. Please note that even if you unsubscribe from commercial electronic communications, we may still e-mail you non-commercial (transactional) electronic communications related to [your account and your transactions with the Website.]

14. Disclaimer of Warranties. You understand and agree that we do not provide any warranty
with respect to the Website. Instead, you agree that your use of Boost Franchise System’s
Website is at your own risk and that the Website is provided on an “as is” and “as available”
basis, with all faults, and with no representations or warranties of any kind, either express or
implied, including with respect to the completeness, security, reliability, quality, accuracy, or
availability of the services.
TO THE FULLEST EXTENT PERMITTED BY LAW, HEAD TO TOE EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND RELATED TO ITS WEBSITE, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, HEAD TO TOE DOES NOT
PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) WEBSITE WILL MEET YOUR
REQUIREMENTS, (II) WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WEBSITE
WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH WEBSITE
WILL MEET YOUR EXPECTATIONS, NEEDS, OR REQUIREMENTS, AND (V) ANY ERRORS
ASSOCIATED WITH THE WEBSITE WILL BE CORRECTED.
HEAD TO TOE IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE
INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET
SERVICE HEAD TO TOE (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER
SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM HEAD TO TOEOR ITS AFFILIATES OR THROUGH OR FROM THE WEBSITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
You understand that Head to Toe cannot guarantee that use of our Website will be free from
technological difficulties including, but not limited to, unavailability of information, downtime,
service disruptions, viruses, or worms. Additionally, you understand that we cannot and do not
guarantee or warrant that files available for downloading from the Website will be free of viruses
or other destructive code. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of damage input and output,
anti-virus protection, and for maintaining a means external to our site for any reconstruction of
any lost data.
15. Indemnification. You agree to indemnify and hold harmless Head to Toe, its affiliates, its
licensors, and its service companies from and against any and all claims and expenses,
including attorneys’ fees, whether made by you, or on your behalf, or by any third party arising
out of your use of or access to the Website, including but not limited to claims arising out of (i)
your violation of these Terms of Use; (ii) your violation of any third-party right including any
copyright, trademark, trade secret, or privacy right; and (iii) any misrepresentation made by
you. You agree to promptly notify Head to Toe and cooperate fully with Head to Toe in the defense of any claim. Head to Toe reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.

16. Waiver, Release, and Limitation of Liability. YOU AGREE THAT, TO THE FULLEST
EXTENT ALLOWED BY LAW, HEAD TO TOE, ITS AFFILIATES, ANY LICENSOR OR
SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE
WEBSITE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT,
INCIDENTAL, LOST PROFITS, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES,
CHARGES, EXPENSES, OR LIABILITIES RELATED TO THE OPERATION OF OR YOUR
ACCESS AND USE OF THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO DIRECT DAMAGES,
AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT, CONSEQUENTIAL, AND OTHER
DAMAGES ARE LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND
ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES YOU SUFFER
OR INCUR RELATED TO YOUR ACCESS AND USE OF THE WEBSITE THAT RESULT
FROM ANY ACT OR OMISSION OF HEAD TO TOE, ITS AFFILIATES, ANY HEAD TO TOE’S
LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A
LINK TO THE WEBSITE SHALL BE LIMITED TO THE FEES PAID BY YOU DURING THE
THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF NO FEES
WERE PAID OR PAYABLE BY YOU FOR SUCH PERIOD, $100.00.
THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF
THE TYPE OF DAMAGES OR CLAIMS, INCLUDING, WITHOUT LIMITATION, DAMAGES
OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE,
LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER
OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV)
OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR
THE INABILITY TO USE, THE WEBSITE. YOU AGREE THAT THIS LIMITATION APPLIES
EVEN IF HEAD TO TOE, ITS AFFILIATES, ANY LICENSOR OR SUPPLIER, OR ANY THIRD
PARTY WHO PROMOTES OR PROVIDES A LINK TO THE WEBSITE IS NEGLIGENT OR
HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES,
LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES.
THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS
SPECIFIED IN THIS SECTION ARE ESSENTIAL TERMS, WITHOUT WHICH THE SERVICES
WOULD NOT BE OFFERED, ARE A REASONABLE ALLOCATION OF RISK AND APPLY
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED
REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.
TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW,
THE ABOVE LIMITATION SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED
UNDER SUCH LAW.

17. Governing Law. You and Head to Toe agree that your access to Head to Toe Website
and these Terms of Use, and any dispute between you and Head to Toe relating to your use of
the Website and these Terms of Use, will be governed by and construed in accordance with the
laws of the State New York, without regard to its conflicts of law rules, except for the Dispute
Resolution provision in Section 23 below. Head to Toe makes no representation that the
information and materials on our Website is appropriate or available for use in locations outside
of New York.
18. Severability and No Waiver. No waiver by Head to Toe of any term or condition set out in
these Terms of Use shall be deemed a further or continuing waiver of such term or condition,
and any failure by Head to Toe to assert a right or provision under these Terms of Use shall not
constitute a waiver of such right or provision.
If any part of these Terms of Use is held invalid or unenforceable, it will be so held to the
minimum extent required by law, or removed from the Terms of Use, and except as set forth in
Section 23 (Dispute Resolution), all other parts of these Terms of Use are still valid and
enforceable. The parties further agree to replace such invalid or unenforceable provision of
these Terms of Use with a valid and enforceable provision that will achieve, to the fullest extent
possible, the economic, business, and other purposes of such invalid or unenforceable
provision.
19. Modification. Head to Toe may modify these Terms of Use at any time, in its sole
discretion, without notice to you, and such modifications will be posted here and become
effective upon posting online. You agree to review these Terms of Use regularly because you
will be bound by any changes made, and your continued use of the Website constitutes
agreement to any modified terms.
20. Term and Termination. Head to Toe can decide to suspend, restrict, limit, or terminate
your access to its Website with or without a warning at any time for any reason in Head to Toe
sole discretion. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF ANY FEATURE OR
COMPONENT OF THE WEBSITE. Head to Toe can also assign its rights under the Terms of
Use to any other party at any time without notice to you. The provisions of Sections 1
(Introduction), 14 (Disclaimer of Warranties), 15 (Indemnification), 16 (Waiver, Release, and
Limitation of Liability), 17 (Governing Law), and 23 (Dispute Resolution) will survive any
suspension, restriction, limitation, or termination of access to the Website.
21. Accessing the Website. We reserve the right to withdraw or amend the Website, and
any material we provide on the Website, in our sole discretion without notice. We will not be
liable if, for any reason, all or any part of the Website is unavailable at any time or for any
period. From time to time, we may restrict access to some parts of the Website or the entirety
of the Website.
22. Entire Agreement. These Terms of Use constitute the entire agreement between you and
Head to Toe pertaining to the subject matter hereof. They supersede all other agreements,
communications, or representations, oral or written, between us, past or present.
23. Dispute Resolution. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY
BECAUSE THEY REQUIRE ARBITRATION OF CERTAIN DISPUTES ON AN INDIVIDUAL
BASIS AND LIMIT THE PROCEDURES BY WHICH YOU AND HEAD TO TOE CAN SEEK RELIEF. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. HOWEVER, IN ARBITRATION, BOTH YOU AND US WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.

A. Agreement to Arbitrate and Jury Waiver. You and Best Life Brande mutually agree to
resolve Disputes (as defined below) with Head to Toe in arbitration, as set forth in more
detail below. Both you and Head to Toe waive the right to a jury trial on any Disputes, to
the fullest extent of the law. The word “Disputes” means any disputes, claims, suits, actions,
causes of action, losses, liabilities, and/or demands in any way relating to, in connection with, or
arising out of the Website, use of any cookies, pixels, web beacons, or similar technologies,
data or information privacy, sharing, or security concerns, incidents, or breaches, or these
Terms of Use, including any past, currently pending, existing, or future Disputes of any kind.
“Disputes” do not include, and this arbitration and class waiver provision does not apply to,
claims by or against Head to Toe employees related to the terms or conditions of their
employment, individual actions brought in small claims court for disputes fully within the scope
of such court’s jurisdiction, or claims in which either party seeks injunctive or other equitable
relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade
secrets, or patents.
B. Class Action Waiver. To the maximum extent allowed by applicable law, you and
Head to Toe agree that each may bring claims against the other only in your or its
individual capacity, on an individual basis, and that you and Head to Toe each waive any
right to pursue claims on a class, collective, non-individual, mass, or consolidated basis
or in a representative proceeding. The arbitrator may not join or consolidate more than one
person’s claims, and may not otherwise preside over any form of representative, collective, non-
individual, mass, or class proceeding. Nothing in these terms should be read to allow class
arbitration. Any claim that all or part of this Class Action Waiver is unenforceable,
unconscionable, void or voidable may be determined only by a court of competent jurisdiction
and not by an arbitrator. All other disputes with respect to whether this Dispute Resolution
provision and its terms are unenforceable, unconscionable, applicable, valid, void or voidable
shall be determined exclusively by an arbitrator, and not by any court.
C. Pre-Arbitration Notice and Good Faith Negotiations. You and Head to Toe also agree
that each party will notify the other in writing of any Dispute before initiating arbitration, so that
we can try to resolve the Dispute informally and individually. Notice by Head to Toe will be sent
to you at your last known street and email addresses on file and notice by you to Head to Toe
will be sent by mail to Head to Toe Legal Department, 900 Wilshire Dr. Suite 102, Troy, MI
48084, Attn: Chief Legal Officer. The notice of Dispute must be specific and individual to you
and include your name, street address, telephone number, and email address used for access
to the Website, as well as a brief description of the Dispute, the amount of money (if any) at
issue, and the specific relief sought. The notice must be signed and include your handwritten
signature or the handwritten signature of a Head to Toe employee, as applicable, depending on which party is initiating the Dispute. You and Head to Toe then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. If and only if we cannot resolve the Dispute within thirty (30) days after the notice is received, then either party may commence an arbitration proceeding with a written demand for arbitration. Any limitations period will be tolled from the date the Dispute is noticed to the other side until the expiration of this thirty (30)-day period. Compliance with this Pre-Arbitration Notice provision is a condition precedent and requirement for initiating any arbitration proceedings.

D. Arbitration Procedures. To make arbitration as cost-efficient for the parties as possible,
the parties agree to initiate any arbitration without using an arbitration service Head to Toe or
administrator and to instead serve directly on the other party a written arbitration demand setting
forth the relevant facts and claims. The demand will be specific and individual to you and
include the information and signature set out in the Pre-Arbitration Notice provision above. The
delivery addresses for service of the written arbitration demand are the same as set out in the
notice paragraph above. The arbitrator will be selected through mutual agreement of the
parties, and the arbitrator will be a licensed attorney or a retired judge. The parties may use an
arbitrator from the lists of court-approved neutrals listed on the Website for the U.S. District
Court for the state of New York, https://www.nysd.uscourts.gov/ or another mutually agreed-
upon arbitrator, and the court will appoint an arbitrator under 9 U.S.C. § 5, if the parties cannot
agree. The arbitration will be conducted in Manhattan County; your county of residence; or
another mutually agreed location, and the arbitrator will have the discretion to direct a
reasonable exchange of information by the parties, consistent with the expedited nature of
arbitration. Any documents exchanged will not be used or shared outside of the arbitration
process without the prior written consent of the parties or as required by law. Unless otherwise
prohibited by law, all arbitration proceedings will be confidential to Head to Toe and you and
closed to the public and anyone not a party to the proceeding. The arbitrator will have the
authority to award monetary damages and other remedies on an individual basis only to the
extent available under applicable law and consistent with and subject to the limitations set forth
in these Terms of Use. Also, to the fullest extent allowed by law, the arbitrator may award
declaratory or injunctive relief only in favor of you or Head to Toe and only to the extent
necessary to provide the relief warranted by your or Head to Toe’ individual claim. Judgment on
the arbitration award may be entered in any court having jurisdiction thereof. Except as
modified by these terms, the parties agree to conduct their arbitration pursuant to the JAMS
General Arbitration Rules and Procedures, available here.
E. Arbitration Fees. The party initiating the arbitration will pay any filing, case initiation, or
arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S.
District Court for Michigan. For individual damages claims with less than $25,000 at issue, Head
to Toe will pay the additional, reasonable fees and costs of arbitration. For claims with more
than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will
share the fees and costs of arbitration equally. The parties’ good faith negotiation of reasonable
fees with the arbitration Head to Toe is authorized as needed. If the arbitrator determines that
your or our claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse Head to
Toe the other party for any amounts that the other party paid for the arbitration.
F. Federal Arbitration Act. These Terms of Use affect interstate commerce, and the
interpretation and enforceability of this Dispute Resolution provision will be substantively,
procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Terms of Use.

G. Forum Selection. For any dispute not subject to arbitration, you and Head to Toe agree to
proceed in state and federal courts covering Michigan, and you agree to be subject to personal
jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or
objections to those courts. If Head to Toe does not enforce any rights under these Terms of
Use at any point, it will not be deemed a waiver of any provision or right under these Terms of
Use.
24. Limitation of Time to File Claims. Any action, claim or dispute you have against us must
be filed within one (1) year, unless prohibited by applicable law. The one-year period begins
when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one
year, it is permanently barred.
25. Contact Information. For all questions about these Terms of Use, please contact us
at info@httbrands.com.