Last updated August 27, 2026

DECIMALS Community Program: Terms and Conditions of Participation

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE DECIMALS COMMUNITY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.SECTION 8 BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.

Membership Eligibility and Overview

1.1 The Decimals Community Program (“Program”) is offered at the sole discretion of DECIEM Inc. (“Deciem,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions), at least 18 years, or the age of majority in their state of residence, and who provide and maintain a valid email address are eligible to become members. This Program is not targeted at children or intended for use by anyone under the age of 18. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account, limit an account, or cancel an account for any reason, in our sole discretion.

1.2 By joining the Program and becoming a Program member, you (“you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions of Participation (“Terms”) and by any changes or modifications we may make. You should review these Terms and the related policies and FAQS frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website PRIVACY POLICY, and our website TERMS AND CONDITIONS, which are incorporated herein by reference. If you do not agree to these Terms, our website PRIVACY POLICY, and our website TERMS AND CONDITIONS, you cannot participate in the Program. The Program is void where prohibited by law.

1.3. The Program is only available in (i) physical Deciem owned and operated stores in the United States, and (ii) on theordinary.com and niod.com, (each, a “Brand Site”, and collectively, the “Brand Sites”) within the United States (together, the “Participating Locations”). The Chemistry Brand and Loopha are excluded from the Program. If you enroll via one Brand Site, you are not required to enroll in other Brand Sites. Your enrollment in any Brand Site will confirm your entry into the Program. The Program is not available at Deciem’s retail partners’ locations (in-store and online), department store counters, airport locations, Amazon and any other retail location that is not exclusively owned and operated by Deciem.

Program Enrollment

2.1. Eligible individuals may enroll in the Program through one of the following options:

2.1.1. Visit theordinary.com or niod.com (collectively, the “Site”) and follow the Program prompts to register for the Program.

2.1.2. Visit a physical Participating Location and tell a store associate you would like to register for the Program.

2.2. You are required to provide your full name and email address in order to enrol. If you enroll at the Site, you must also create a password and opt into the Decimals Community Program emails, which include Program marketing emails. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.

2.3. Only one Program account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

Program Benefits & Rewards

3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You are able to obtain access to various benefits or rewards which shall be determined by Deciem from time to time in its sole discretion as may be described on the Site. Other opportunities to unlock Program benefits or rewards will be posted on the Brand Sites or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Decimals benefits and rewards may change from time to time and may be offered on a limited basis. Visit our FAQS for a current list of available benefits.

3.2. The Program is a benefit/reward-based program for Members only, which include Decimals Community Benefits and Decimals Community Rewards. When you join the Program and become a Member, you’ll automatically be eligible for the “Decimals Community Benefits”. When you join and become a Member, you will also be eligible to unlock and redeem “Decimals Community Rewards”. Decimals Community Rewards are not automatically available upon sign-up and may only be unlocked when you complete various tasks, purchases or other activities on a Brand Site as provided below or on the relevant Brand Site. Decimals Community Rewards are in addition to the Decimals Community Benefits. For clarity, to access Decimals Community Benefits, you need to be a Member; to access Decimals Community Rewards, you need to be a Member and complete some type of action on your part. The details of how to access Decimals Community Benefits and Decimals Community Rewards are provided below. Any additional Decimals Community Benefits or Decimals Community Rewards that Deciem may offer in the future will be published in these Terms, on a Brand Site and/or communicated to you through other media (e.g., in-store, marketing communications, social media, etc.).

Decimals Community Benefits:

1-day Early Access to New Product Launches

  • Description & Eligibility: “Early Access” is available to Members online at theordinary.com and niod.com, or at any DECIEM owned and operated store. It is exclusive to Members residing in the United States.
  • How it works: For every new The Ordinary or NIOD product launch at theordinary.com or niod.com or at any DECIEM owned and operated store, Members will receive one-day early access to purchase the newly launching product.
  • How to Redeem (Online): Members must be logged into their account. One day before the launch, navigate to theordinary.com or niod.com, add a minimum of one (1) of the new products to your cart, and complete checkout. No code is required.
  • How to Redeem (In-Store): One day before the launch, visit any DECIEM owned and operated store. Provide the email connected to your Decimals Community account to staff at the point of sale and purchase a minimum of one (1) of the new products.
  • Rules & Restrictions: Early Access may be combined with other Decimals Community Benefits and Rewards, and other site-wide offers at theordinary.com and niod.com. Applies to available items/products and stock at the time of purchase, no rainchecks or price adjustments. Early Access is non-transferable and there is no cash value or alternatives. Terms subject to change.

Anniversary Gift

  • Description & Eligibility: The “Anniversary Gift” is a yearly reward available to Members online at theordinary.com and niod.com, or at any DECIEM owned and operated store. It is exclusive to Members residing in the United States.
  • How it works: The first gift becomes available twelve (12) months after you sign up as a Member (the “Anniversary Date”). Thereafter, it is available each following year on your Anniversary Date. Members have 30 days after their Anniversary Date to redeem their Anniversary Gift, after which it expires and is removed from the Decimals Community Rewards Drawer.
  • How to Redeem (Online): Members must be logged into their account. Add a minimum of one (1) The Ordinary or NIOD product to your cart, select your Anniversary Gift in your Decimals Community Rewards Drawer, and complete checkout. No minimum spend required; however, a $25 order minimum is required to receive free shipping.
  • How to Redeem (In-Store): Claim your Anniversary Gift in-store by providing the email connected to your Decimals Community account at the point of sale. No purchase is necessary for in-store redemption.
  • Rules & Restrictions: Only one (1) Decimals Community Reward from the Decimals Community Rewards Drawer may be selected and redeemed per order; therefore, this gift cannot be stacked with other Decimals Community Rewards from the Decimals Community Rewards Drawer. It may be combined with Decimals Community Benefits that live outside of the drawer and other Deciem-wide offers at theordinary.com and/or niod.com. Anniversary Gift is selected by us in our sole discretion, and we reserve the right to substitute the Anniversary Gift with any other product. Applies to available items/products and stock at the time of purchase, no rainchecks or price adjustments. Anniversary Gift is non-transferable and there is no cash value or alternatives. Terms subject to change.

Monthly Free Shipping, First Wednesdays of every month

  • Description & Eligibility: “Monthly Free Shipping” is available to Members online only at theordinary.com and niod.com. It is exclusive to Members residing in the United States.
  • How it works: Monthly Free shipping is available on the first Wednesday of every month for Decimals Community Members from 12:00am ET to 11:59pm ET on the first Wednesday of each month. It is exclusive to Members residing in the United States.
  • How to Redeem (Online): Members must be logged into their The Ordinary or NIOD account. Add a minimum of one (1) The Ordinary or NIOD product to your cart, and complete checkout. Free standard shipping is automatically applied. No minimum spend required. No code is required.
  • Rules & Restrictions: Monthly Free Shipping may be combined with other Decimals Community Benefits and Rewards, and Deciem site-wide offers at theordinary.com and niod.com. Applies to available items/products and stock at the time of purchase, no rainchecks or price adjustments. Monthly Free Shipping is non-transferable and there is no cash value or alternatives. Terms subject to change.

Decimals Community Rewards

Spend $200 on NIOD, get 15% off your next eligible order

  • Description & Eligibility: The “15% Discount Reward” is available to Members online at theordinary.com and niod.com and at any DECIEM owned and operated store. It is exclusive to Members residing in the United States.
  • How it works: Members must spend a minimum of $200 on eligible NIOD products in a single transaction. While other DECIEM products may be included in the same transaction, only NIOD products count toward the $200 minimum. Reaching this threshold unlocks the 15% Discount Reward to redeem on an upcoming eligible The Ordinary and/or NIOD purchase. The 15% Discount Reward is valid for 12 months from the date you unlock it, after which it will expire and be removed from your Decimals Community Rewards Drawer.
  • How to Redeem (Online): Members must be logged into their account. Add a minimum of one (1) The Ordinary or NIOD product to your cart, select the 15% Discount Reward in your Decimals Community Rewards Drawer, and complete checkout. The 15% Discount Reward applies to both The Ordinary and NIOD products, with no minimum spend required.
  • How to Redeem (In-Store): Provide the email connected to your Decimals Community account to staff at the point of sale and purchase a minimum of one (1) The Ordinary or NIOD product to apply the 15% Discount Reward to your purchase. The 15% Discount Reward applies to both The Ordinary and NIOD products, with no minimum spend required.
  • Rules & Restrictions: Only one (1) Decimals Community Reward from the Decimals Community Rewards Drawer may be selected and redeemed per order; therefore, this reward cannot be stacked with other Decimals Community Rewards from the Decimals Community Rewards Drawer. The 15% Discount Reward is limited to one (1) redemption per Member and may not be redeemed more than once. This 15% Discount Reward cannot be stacked with any other Deciem-wide or Deciem brand discount offers. The 15% Discount Reward may only be combined with non-discount Decimals Community Benefits that live outside of the drawer and non-discount Deciem-wide offers at theordinary.com and/or niod.com. Applies to available items/products and stock at the time of purchase, no rainchecks or price adjustments. The 15% Discount Reward is non-transferable and there is no cash value or alternatives. Terms subject to change.

3.3. To ensure successful access to your Decimals Community Benefits and Decimals Community Rewards, you must be logged into your Decimals Community account on a Brand Site or provide your registered email address to Deciem staff in a DECIEM owned and operated physical store. Please note that some Decimals Community Benefits and Decimals Community Rewards may only be available to redeem in-store or online, not both. See specific Decimals Community Benefits and Decimals Community Rewards terms and conditions above or visit a Brand Site for more details. Qualifying Decimals Community Benefits and Decimals Community Rewards exclude purchase of gift cards, sales tax, state/territory fees, shipping charges, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time.

3.4. Program accounts, Decimals Community Benefits and Decimals Community Rewards may not be shared or combined. Only the Member accessing the Decimals Community Benefit(s) or Decimals Community Reward(s) may receive the respective Benefit or Reward. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.

3.5. Decimals Community Benefits and Rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to the Benefits, or Rewards. We are not responsible for rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the Member.

3.6. We reserve the right to change any Program benefits, including Decimals Community Benefits and Rewards, and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program as well as the number or types of Decimals Community Benefits or Rewards you may receive or earn by participating in the Program. For more information about how and when notice of material changes will be provided, see Section 5.1 below.

3.7. If you have concerns that a purchase, Decimals Community Benefit or Reward or other activity was not properly applied to your account, please contact us. You must specify your name and email address associated with the Program, the reward, benefit, date of the Program activity (if applicable), and the issue(s) you encountered. You must contact us no more than thirty (30) days after the date the purchase, redeemed Decimals Community Benefit or Reward, or other Program activity took place. We are not responsible for late notifications about issues concerning Decimals Community Benefits or Rewards or other Program activities.

3.8. Decimals Community Rewards and Decimals Community Benefits can only be redeemed in Participating Locations, depending on the reward or benefit. Purchases made in department stores, specialty stores, airports and stores not solely owned and operated by Deciem are not eligible for the Program.

3.9. Decimals Community Benefits and Rewards cannot be exchanged or returned for another product or service, or a monetary refund.

3.10. Any products, services, rewards and benefits available through the Program we may provide to you are for personal use only. You may not sell or resell any of the products, services, rewards or benefits you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or modify any order to be filled and/or any products, services, Decimals Community Benefits or Rewards to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.

Marketing Communications

4.1. By enrolling in the Program, you will be automatically subscribed to receive, and you consent to receive Decimals Community Program-related emails, including Program marketing emails. You may also subscribe to other Deciem marketing emails; however, you are not required to subscribe to Deciem marketing emails for entry into the Program.

4.2. You may opt out of receiving Deciem marketing emails and/or Program marketing emails, by clicking the unsubscribe link at the bottom of each marketing email you receive or unchecking the marketing subscription options available in your account settings page.

4.3. If you opt out of receiving Deciem marketing emails and/or Program marketing emails, you will continue to receive transactional emails, including Program transactional emails, which are sent out to notify you of Program-related benefits or if your Decimals Community membership changes. If you terminate your Program membership, you will no longer receive Program transactional emails. If you are opted-in to Deciem marketing emails and/or Program marketing emails, you will continue to receive these emails until you opt out of those emails specifically. You may withdraw your consent at any time as described in Section 4.2 above.

Termination and Modification

5.1. The Program and its benefits are offered at our sole discretion. Except where prohibited by law, we may, in our discretion, cancel, modify, restrict or terminate these Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time, even though such changes may affect your rewards or benefits already earned and/or the ability to redeem earned rewards or benefits. If we make material changes that negatively impact the value of rewards or benefits already accumulated or earned, we will provide you with at least 30 days' advance notice. This notice will be delivered via email to the address associated with your account and through a prominent banner notification on our website interface. Your continued participation in the Program after the 30-day notice period constitutes your binding acceptance of the updated Terms. If you do not agree to the changes, you must cancel your membership prior to the effective date of the changes.

5.2. We reserve the right, at any time, in our sole discretion to: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards and/or benefits, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate, in our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.

5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time in your account on a Brand Site or by informing a DECIEM staff member at any Participating Location

Disclaimer of Warranties; Limitation of Liability

6.1. NEITHER DECIEM NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

6.2. YOU AGREE THAT NEITHER DECIEM NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE BRAND SITES OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

6.3. FURTHER, NEITHER DECIEM NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

6.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

Indemnification

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.

Governing Law and Disputes

8.1. This Program and these Terms will be governed by and construed under the substantive laws of the State of New York, as if they were a contract wholly entered into and wholly performed within New York and without reference to conflict-of-laws considerations.

8.2 Disputes. THIS SECTION SETS FORTH THE TERMS AND CONDITIONS PURSUANT TO WHICH DISPUTES BETWEEN YOU AND DECIEM WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION (“ARBITRATION AGREEMENT”). PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND DECIEM TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER.

With respect to any dispute, claim, or controversy arising out of or related to your access or use of the Site, any products sold or distributed through the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. ANY DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE SITE, ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE, THESE SITE TERMS AND CONDITIONS, YOUR USE OF SERVICES OR TECHNOLOGY PROVIDED BY ANY THIRD PARTY OR VENDOR TO DECIEM, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF DECIEM OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE FINALLY RESOLVED BY CONFIDENTIAL ARBITRATION BY VIDEO CONFERENCE OR, AT THE ARBITRATOR’S DISCRETION, BY IN PERSON HEARING IN THE COUNTY WHERE YOU RESIDE (UNLESS THE BATCH ARBITRATION PROCESS APPLIES) AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.

Arbitration under this agreement shall be conducted by a sole arbitrator under the American Arbitration Association’s Consumer-Related Disputes Supplementary Rules in effect when the arbitration is commenced, except as they may be modified herein.

A party who wishes to initiate arbitration must provide the other party with a demand for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; and (4) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Subject to the Batch Arbitration process described below, you agree that any arbitration or proceeding shall be limited to the dispute between you and Deciem and/or any third party or vendor, individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; (iii) the parties waive and there is no right or authority for any dispute to be brought in a purported collective, representative capacity on behalf of the general public or any other persons, or mass action basis; and (iv) only individual relief is available. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US AND/OR A THIRD PARTY OR VENDOR ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS, OR REPRESENTATIVE PROCEEDING.

To increase the efficiency of administration and resolution of arbitrations, you and Deciem agree that in the event that there are one hundred (100) or more individual Demands of a substantially similar nature filed against Deciem by or with the assistance of the same law firm, group of law firms, or organizations, within a sixty (60) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Procedural Arbitrator”). In an effort to expedite resolution of any such dispute by the Procedural Arbitrator, the parties agree the Procedural Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Procedural Arbitrator’s fees shall be paid by Deciem if the party seeking the appointment of the Procedural Arbitrator is Deciem. The Procedural Arbitrator’s fees shall be shared equally by you and Deciem if you are the party seeking the appointment of the Procedural Arbitrator.

You and Deciem agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration. which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration process shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Changes to this arbitration agreement shall not apply to any claim that was filed in a legal proceeding against us or you prior to the effective date of the modification. You may opt out of any such changes within thirty (30) days after an update has taken effect by writing Deciem at the following address: 11th Floor, 161 6th Ave, New York, NY 10013. If you opt out of an update, the last set of agreed upon arbitration terms will remain in force.

The Terms and Conditions evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this agreement to arbitrate and any arbitration proceedings.

Privacy

We value your privacy - the personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by us in accordance with our PRIVACY POLICY. Without limiting the foregoing, we will use and retain your personal information to (1) provide goods and services to you, such as servicing and maintaining your Program membership with us; (2) protect against deceptive and fraudulent activity; (3) enable internal uses that are consistent with our PRIVACY POLICY; and (4) comply with a legal obligation. The Program may be considered a “financial incentive” under some jurisdictions. Please review our Financial Incentive Notice.

Contact Us

For information about the Program and your membership, please contact us. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQS.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.