Welcome to the Barefoot Dreams®, Inc. Website. These Website Terms of Service (“Terms”) apply to your use and access of the Barefoot Dreams®, Inc. (“we”, “us”, and “our”) website located at https://www.barefootdreams.com/ (the “Site”). Please review these Terms carefully and in their entirety. By accessing, browsing or otherwise using our Site, you agree to be bound by them and to use this Site and its contents according to the terms and conditions displayed in them. You also agree to be bound by the Privacy Policy displayed on this Site. Personal information you submit to us will be handled according to that Policy.

You may contact us, or we may contact you by email, through social media or by other means now in use or developed in the future. To the extent these Terms of Service can be applied to those means of communication, you agree to be bound by them.

This Site is owned and operated by Barefoot Dreams®, Inc. If you have an online account with us, you may log into your account and update your personal information. If you have any questions about our practices or your experiences with our site, please send an email to Barefoot Dreams®, Inc. Customer Care or call us at 1-855-CO-Z-CHIC (1-855-269-2442).

We may revise and update these Terms from time to time in our sole discretion. All changes are binding and effective immediately when we post them and apply to all access to and use of the Site thereafter.

We reserve the right to modify, suspend, restrict, or interrupt access to all or part of the Site, including access to its content and functionalities, or the availability of the Site, without prior notice. All equipment used to access the Site must at all times be compliant with and meet the requirements of applicable laws and regulations, virus-free, and up to date. We will not be liable to you for any loss suffered as a result of any changes made or for any modification or suspension of or discontinuance of the Site and you will have no claims against us in such regard.

We strive to be as accurate as possible, but we do not guarantee that any product, description, image, pricing or other information on the Site is accurate or reliable. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or otherwise, we reserve the right to correct the error and revise your order accordingly if necessary (including charging the correct price) or to cancel your order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

We may provide links to other websites or resources provided by third parties. These links are provided for your convenience only. We have no control over the content of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party links on the Site, you do so entirely at your own risk and subject to the terms and conditions of those websites.

A. Purchases Generally. To purchase any products or services sold through the Site, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence or if you are a minor and have a valid gift card or a credit or debit card where an adult has listed you as an authorized user of their card. By submitting that information to us or to our third-party credit card processor or service provider, you agree that you authorize us and/or our processor or service provider to charge your card/account at our convenience. For any product or service that you order on the Site, you agree to pay the price applicable (including any sales taxes, shipping fees and surcharges) as of the time you submit the order. We will automatically bill your credit card or other form of payment submitted as part of the order process for such price.

B. Methods of Payment, Credit Card Terms and Taxes. All payments must be made through any of the methods that are accepted at the time of payment by us or by our payment services provider. Your card issuer agreement governs your use of your designated card or payment account, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a card or account holder. If for any reason your default payment method is declined or no longer available, you authorize us to charge any other payment method that you have authorized for use on your account with us. You will remain responsible for any uncollected amounts. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes, shipping fees and surcharges) at the rates in effect when the charges were incurred. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or our agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. We will charge the applicable taxes in effect at the time of purchase. We shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that we deem is required in accordance with our order policy in effect at the time of purchase.

C. Limits on Purchases. In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases, and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of these Terms. We further reserve the right to cease doing business with customers who violate these Terms. We may modify these Terms at any time without prior notice. These Terms apply to all purchases of Barefoot Dreams®, Inc. merchandise, including, but not limited to, all purchases made at our sample sales, warehouse sales and through www.barefootdreams.com.

D. Returns and Exchanges Policy, Orders Policy, and Shipping Policy. All purchase transactions made through the Site are subject to our return policy and orders/shipping policy in effect at the time of purchase. Our current Returns and Exchanges Policy can be found here and is incorporated into these Terms by reference. Our current Orders Policy can be found here and is incorporated into these Terms by reference. Our current Shipping Policy can be found here and is incorporated into these Terms by reference. Some products may be made-on-demand and may be subject to additional policies, conditions and restrictions, and may take longer to ship. Such on-demand items are made and fulfilled to order and will be noted on the product or services description. Products made-on-demand may not be returned or exchanged unless damaged or incorrect on arrival due to our error or mistake. All products purchased from us are delivered to you by a third-party delivery company, pursuant to a shipping contract. You shall become the owner of the products and shall assume the risk of loss at the time of delivery by us of the products to the

third-party delivery company. We shall not be in default if delivery is delayed or rendered impossible by forces of nature, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, pandemic, other industrial disturbances, utility, services or transportation interruptions or any other cause beyond our reasonable control.

E. Order Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell or that the price or availability of an item has been confirmed. We reserve the right at any time after receipt of your order to accept or decline your order (or otherwise cancel your order) for any reason. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item or refuse to fulfil your order (in whole or in part). Your order will be deemed accepted by us upon our delivery of the products or services that you have ordered. We may require additional verification or information before accepting any order. Unlike in-stock orders, certain products may be made-on-demand and may be shipped to you directly from the third party on-demand vendor and subject to additional delay due to production methods. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your card or payment account in the amount charged for the cancelled portion or the quantity not provided (if your card/account has already been charged for the order); or (b) we will not charge your card/account for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with us has been effectuated until you receive confirmation from us via email. As stated above, you will be responsible for, and your credit/debit card or other third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your order was received. We may refuse any order that is connected with a previous credit card dispute or previous apparent fraudulent activity. We may refuse to accept any order if fraudulent activity is suspected and we may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders.

F. No Responsibility to Sell Mispriced Products. We do our best to describe every item, product or service offered on the Site as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, we shall have the right to revoke any stated price and to correct the error, inaccuracy or omission (including after a purchase has been made) or to refuse or cancel any orders in our sole discretion (including any accepted orders). If we charge your credit/debit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. If we accept and process your order where a pricing or specification error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing or misdescription, we may cancel the sale, refund you any sums you have paid and require the return of any goods provided to you under the order. If a product you purchased from us is not as described on the Site, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging, subject to the terms of the Returns and Exchanges Policy.

G. Modifications to Prices or Billing Terms. Purchases of products on the Site are subject to availability. All descriptions, images, references, features, content, information, specifications, products and prices described or depicted in connection with the Site are subject to change at any time without notice. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for any items sold by third parties (if any). We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice (including after a purchase has been made). Descriptive, typographic and photographic errors are subject to correction, and we shall have no liability of any kind for such errors. We reserve the right to modify or cancel orders for any reason, including for typographical, pricing and other errors at any time. We strive to display as accurately as possible the colors of the products shown on the Service; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME.

H. Offers and Discounts. For most promotional offers, such as coupons, vouchers, and discounts, restrictions apply. See offer for full terms and conditions applicable thereto. Offers are not valid on previously purchased online merchandise, merchandise purchased through third parties, gift cards, taxes or shipping and there is no cash value. Limit one (1) offer per order. Offers may not be combined with other offers or promotions. Pricing, promotions and availability of offers may vary by store location, geographic area and customer. Limitations on availability of an offer in certain stores or areas may or may not be disclosed as part of the terms and conditions of the offer. Offers are not valid if reproduced and they are only accepted for a limited time. Please read the details of each offer, as coupons and promotional code restrictions vary. We reserve the right to modify, suspend, impose conditions on or cancel offers at any time without notice. If you return any of the items purchased with a discount offer, the discount or value may be subtracted from the return credit. We have no obligation for payment of any tax in conjunction with the distribution or use of any offer. You are required to pay any applicable sales tax related to the use of the offer.

In order to access or use some (or potentially all) of the features on the Site, you may be required to first register for a user account through our registration process that we make available through the Site. The Site’s practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy.

If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that:

· You will not use a username (or e-mail address) that is already being used by someone else, that may impersonate another person, that belongs to another person, that violates the intellectual property or other right of any person or entity, or that is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion;

· You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete;

· You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity;

· You are solely responsible for maintaining the confidentiality of your password, for using a long and unique password that you do not use on or for other third-party websites, apps, or services, and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password;

· With respect to your account, you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and

· You will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide is false, inaccurate, outdated, incomplete, or violates these Terms, any additional terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

· 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 US or other countries).

· To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

· To impersonate or attempt to impersonate us, our employees, another Site user, or any other person or entity.

· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or other users of the Site, or expose either to liability.

Additionally, you agree not to:

· Use the Site in any manner that could disable, overburden, damage, or impair it or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site. · Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

· Use any process, whether directly or through third parties (such as search tools or data aggregators or brokers), to monitor or copy, use, display, or distribute any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

· Use any device, software, or routine that interferes with the proper working of the Site.

· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

· Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

· Otherwise attempt to interfere with the proper working of the Site.

We may at times invite you to respond to an invitation to post digital content in the manner specified (“User Content”), for example, by using the specified tags, (e.g., the hashtag and the brand tag) or by launching Content from the Site (the “Invitation”). By “User Content,” we mean all content, including, without limitation, product reviews, testimonials, messages, text, illustrations, files, images, graphics, photos, comments, feedback, surveys, responses, sounds, music, videos, information, content, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein that comprise the content that you post in response to such an Invitation or on the Service. By submitting your User Content or by applying any required hashtags or other tags, you agree to these Terms. Specifically, you:

· Represent that you are a legal resident of the U.S., the District of Columbia, Puerto Rico, or other United States territory or possession, and are at least eighteen (18) years of age.

· Represent that you own or have secured all rights, title, and interest in the User Content. All of your User Content must either be original to you, or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any other terms provided to you by us. Your User Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears or is referred to in the User Content, then you must also have their permission to submit such User Content to us (for example, if someone has taken a picture of you and your friend, and you submit that photo to us as your User Content, then you must obtain both your friend’s and the photographer’s permission to do so).

· Represent that you have obtained express permission from everyone who took, or is appearing in, your User Content.

· Unless otherwise agreed upon by us, acknowledge that you will not be compensated in any way for our use of your User Content.

· Represent that you understand that we may retouch, edit or otherwise alter User Content (such as photos) without your ability to inspect or pre-approve.

· Understand that you must be acting appropriately in your User Content. All of your Site activities must be venue appropriate, as determined by us. If you think your User Content might offend someone or be embarrassing to someone, then chances are it probably will, and it doesn’t belong on the Site. Cursing,

harassing, bullying, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. Further your User Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law. Except as otherwise described in our Privacy Policy or any Additional Terms, you agree that: (a) your User Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) Barefoot Dreams®, Inc. does not assume any obligation of any kind to you or any third party with respect to your User Content.

In your communications with Barefoot Dreams®, Inc. please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Site are deemed User Content and licensed to us as set forth below. In addition, Barefoot Dreams®, Inc. retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Barefoot Dreams®, Inc.’s receipt of your Unsolicited Ideas and Materials is not an admission by Barefoot Dreams®, Inc. of their novelty, priority, or originality, and it does not impair Barefoot Dreams®, Inc.’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

Except as otherwise described in any applicable Additional Terms, you grant to Barefoot Dreams®, Inc. the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, adopt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights, metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Barefoot Dreams®, Inc. to your User Content, you also hereby grant to Barefoot Dreams®, Inc., and agree to grant to Barefoot Dreams®, Inc., the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 8.

Barefoot Dreams®, Inc. may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and Barefoot Dreams®, Inc. may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party in connection with our operation of User Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth above. Such User Content submitted by you or others need not be maintained on the Site by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Service or elsewhere.

Barefoot Dreams®, Inc. has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at Barefoot Dreams®, Inc.’s cost and expense, to which you hereby consent and irrevocably appoint Barefoot Dreams®, Inc. as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

When you interact or communicate with us, you are also interacting and communicating with or through our third-party service providers and their technologies. Our automated chatbots, for example, are provided to you by our service providers, who process, record, and retain all chats (including the content of chats and information relating to your interactions) on our behalf. Some functionalities and experiences within our Services, such as our chatbot experiences, are facilitated by artificial intelligence (“AI”), including generative artificial intelligence (“GenAI”). Do not share personal, confidential, or proprietary information with our chatbots. You understand that automated responses are informational only and could contain errors. You are encouraged to read full product descriptions and (where available) reviews, especially when making purchasing decisions. We may develop, train, use and improve AI tools and models (including those provided by third-party service providers) with your information for our business purposes, such as to analyze customers’ experiences and activities with us, to improve the efficiency, quality, and speed of our business operations, to support communications with customers and make product recommendations (such as through our chatbot(s)), to generate business content, and to provide personalized experiences. Visit our Privacy Policy to learn more about our information practices.

All content on this Site, and the Site itself, are protected by copyrights, trademarks and/or other intellectual property rights. This content, including, but not limited to, photographs of people and places, other images, illustrations, text, video clips, audio clips, designs, logos, trademarks and trade dress, as well as software used in the design and development of this Site, is owned by Barefoot Dreams®, Inc. or its affiliates, or used with permission of its owners. All rights in the content are reserved worldwide. We reserve the right to enforce our property rights to the fullest extent of the law.

The names and marks Barefoot Dreams®, Barefoot Dreams® CozyChic®, Barefoot Dreams® CozyChic Lite®, Barefoot Dreams BambooChic®, Covered In Prayer®, and other Barefoot Dreams-related marks depicted on this Site, whether registered or unregistered, are trademarks or service marks of Barefoot Dreams®, Inc. in the United States and, as applicable, other countries. Nothing on this Site should be construed to grant any express or implied license or right to use any trademark or service mark displayed on this Site.

IN NO EVENT SHALL BAREFOOT DREAMS®, INC., OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AND/OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, FOR ANY CAUSE OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, EVEN IF BAREFOOT DREAMS®, INC. WAS OR SHOULD HAVE BEEN AWARE OF THESE DAMAGES, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF OUR SITE OR THE MATERIALS CONTAINED THEREIN.

WE MAKE THIS SITE AND ITS CONTENTS AVAILABLE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT WILL BE ACCURATE OR RELIABLE, THAT IT WILL REMAIN UNCHANGED, THAT ERRORS WILL BE CORRECTED, THAT THE SERVERS USED FOR THIS SITE ARE FREE OF HARMFUL COMPONENTS, OR THAT OPERATION OF THIS SITE WILL BE UNINTERRUPTED. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING SITES

LINKED TO THIS SITE. EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, WE ARE NOT RESPONSIBLE FOR DAMAGES OR COSTS OF ANY KIND RELATING TO YOUR USE OF THIS SITE OR SITES LINKED TO THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, AND YOU ASSUME THE RISK OF ALL DAMAGES AND COSTS ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE THIS SITE.

You agree to defend, and indemnify us, including our affiliates, officers, employees, agents and licensees, and to hold us harmless from any and all claims, liabilities, damages, judgments, awards, losses, costs, or fees (including reasonable attorneys’ fees) whether suffered by you or others, arising from or in connection with your use of or inability to use this Site or its content, including, but not limited to, breach of your representations to us, any attempt to breach or actual breach of security features of this Site, and any violation of law or the rights of others.

These Terms of Service shall be governed by and construed according to the laws of the State of California, without reference to its rules regarding conflict of laws. You consent to the exclusive jurisdiction and venue of the state and federal courts situated in Los Angeles County, California.

No waiver by Barefoot Dreams®, Inc. of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Barefoot Dreams®, Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING ARBITRATION, AMONG OTHER THINGS.

A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, dispute or claim arises out of or relates to the Site, including, without limitation, regarding Barefoot Dreams®, Inc., any products or services sold or distributed through the Site, information provided on the Site, these Terms, or any other controversy, allegation, dispute or claim against Barefoot Dreams®, Inc., and all of its related entities, regarding any interaction or transaction between you and Barefoot Dreams®, Inc., whether heretofore or hereafter arising (collectively, the “Dispute”), or to any of our actual or alleged intellectual property rights (“Excluded Disputes”), then you and we agree to engage in good-faith informal efforts to resolve the Dispute and/or any Excluded Disputes by sending a written notice to the other providing a reasonable description of the Dispute and/or Excluded Disputes, along with a proposed resolution of it.

Our notice to you will be sent to you based on the most recent contact information that you provide us, but if no such information exists or if such information is not current, then we have no obligation under this Section 16(A). Your notice to us must be sent via email to https://www.barefootdreams.com/pages/contact-us. The written description included in your notice must be on an individual basis and provide at least the following information: (a) your name and contact information (current mailing address, telephone number, and email address, and any other iterations thereof that are associated with the claim or Dispute); (b) a description of the nature of the claim or Dispute; (c) the date of any transaction, or interaction at issue, and relevant documentation or screen captures, if available; and (d) the resolution and relief sought.

For a period of sixty (60) days from the date of receipt of the notice from the other party, Barefoot Dreams®, Inc. and you agree to negotiate in good faith and in a timely manner about the Dispute and/or the Excluded Disputes, including through a mandatory informal telephonic dispute resolution conference between you and Barefoot Dreams®, Inc., though nothing will require either you or Barefoot Dreams®, Inc. to resolve the Dispute or Excluded Disputes on terms with respect to which you and Barefoot Dreams®, Inc., in each of our sole discretion, are not comfortable.

The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, absent mutual agreement by you and Barefoot Dreams®, Inc. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding.

Unless prohibited by law or applicable rules, an arbitration administration provider cannot accept or administer an arbitration, nor assess any fees, until the requirements of this Section 16 are met. The parties agree that any relevant statute(s) of limitations and filing fee(s) or other deadlines will be tolled only during the sixty (60) day informal dispute resolution period. After this sixty (60) day period, the relevant statute(s) of limitations and filing fee(s) or other deadlines are no longer tolled (until filing is effectuated under Section 16(E)), but the foregoing informal dispute resolution process remains a condition precedent to commencing any formal dispute resolution proceeding.

If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section 16 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Barefoot Dreams®, Inc. agree that we intend that this Section 16 satisfies the “writing” requirement of the Federal Arbitration Act (“FAA”).

B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 16(A), then ANY DISPUTE ARISING BETWEEN YOU AND Barefoot Dreams®, Inc. (whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, any other intentional tort or negligence), common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory), whether arising before or after the effective date of these Terms, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.

For U.S. residents, the FAA, not state law, shall govern the arbitrability of all disputes between Barefoot Dreams®, Inc. and you regarding these Terms and the Site, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Barefoot Dreams®, Inc. and you agree, however, that the applicable state, federal or provincial law, as contemplated in Section 16(H) below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Barefoot Dreams®, Inc. regarding these Terms and the Site or any other type of Dispute described in Section 16(A), whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles. An Excluded Dispute will only be subject to binding arbitration pursuant to this Section 16 if the parties mutually agree.

Any Dispute will be resolved solely by binding arbitration in accordance with the then-current: (i) Consumer Arbitration Rules of the American Arbitration Association (“AAA”) in effect since the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1, and if such Consumer Arbitration Rules do not apply then; (ii) the Commercial Arbitration Rules (collectively, “Rules”) of the AAA, except as modified herein, and the arbitration will be administered by the AAA.

You also understand and agree that mass arbitration disputes as defined in Section 16(D) will be adjudicated in accordance with the AAA’s Mass Arbitration Supplementary Rules. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using

JAMS’ streamlined Arbitration Rules and Procedures and, if applicable under Section 16(D), the JAMS Mass Arbitration Procedures and Guidelines, or by any other arbitration administration service that you and an officer or legal representative of Barefoot Dreams®, Inc. consent to in writing.

C. Arbitration Process. If the informal dispute resolution procedure set forth in Section 16(A) above is unsuccessful in resolving the parties’ Dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. (The AAA provides applicable forms for Demands for Arbitration available at Commercial Arbitration Rules and Consumer Arbitration Rules, and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf).

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the Rules.

The arbitration may be conducted by telephone or based on written submissions, and if an in-person hearing is required, then it will be conducted in the county where you live or at another mutually agreed upon location. You and we will pay the administrative and arbitrator’s fees and other costs (and please note that you will be responsible for a portion or percentage of such fees) in accordance with the requirements of the Rules, but if the Rules (or other applicable arbitration rules or laws) require Barefoot Dreams®, Inc. to pay a greater portion or all of such fees and costs in order for this Section 16 to be enforceable, then Barefoot Dreams®, Inc. will have the right to elect to pay the fees and costs and proceed to arbitration.

Except as set forth in Section 16(D), the arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. The arbitrator will render an award within the time frame specified in the Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the Rules, and these Terms. The arbitrator’s award of damages and/or other relief must be consistent with the terms of Section 11 above, “Limitation of Liability” as to the types and the amounts of damages or other relief for which a party may be held liable.

If a claim is brought seeking public injunctive relief and a court determines that the restrictions prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims will be arbitrated. In such a case, the court shall stay the claim for public injunctive relief until the arbitration pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. All issues including those of arbitrability are for the arbitrator to decide, except that the issue of the existence of valid arbitration and class action waiver provisions between the parties is for the court to decide.

Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Barefoot Dreams®, Inc. will have the right to recover its attorneys’ fees and expenses. This arbitration provision shall survive termination of these Terms or the Site.

You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: By phone at 1-800.778.7879 or online at http://www.adr.org.

JAMS: By phone at 1-800.352.5267 or online at http://www.jamsadr.com.

D. Special Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar claims are asserted against Barefoot Dreams®, Inc. by the same or coordinated counsel or are otherwise coordinated, such claims are mass arbitration claims subject to this Section 16(D), and you understand and agree that the resolution of your Dispute might be delayed.

You also agree to the following coordinated batching process and application of the AAA Mass Arbitration Supplementary Rules and the Consumer Mass Arbitration and Mediation Fee Schedule. In the event an action in which twenty-five (25) or more similar actions as defined above are asserted against Barefoot Dreams®, Inc. and administered by JAMS as set forth in Section 16(B), you agree to application of the JAMS Mass Arbitration Procedures and Guidelines.

At the outset of such disputes, you and Barefoot Dreams®, Inc. agree to delegate to a Process Arbitrator all matters listed as within the scope of a Process Arbitrator’s authority under the AAA Mass Arbitration Supplementary Rules, as well as disagreements concerning the validity, enforceability, and applicability of these Terms, and any other matters that the parties mutually agree to delegate.

Should the Process Arbitrator determine that any or all cases may proceed to a Merits Arbitrator, counsel for the claimants and counsel for the respondent shall each select five (5) cases (per side) to proceed in individual arbitration proceedings as part of a batching process. The remaining cases shall be placed in abeyance until they are selected to proceed to individual arbitration proceedings pursuant to this provision. During the batching process, you and Barefoot Dreams®, Inc. agree that a single arbitrator shall preside over each batch of cases. After decisions have been rendered in the first ten (10) cases, Barefoot Dreams®, Inc. and all claimants shall engage in a global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the first batch of cases. If the parties are unable to resolve the remaining cases after the mediation, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second batching process. The parties may, but are not required to, agree in writing to modify the number of cases to be included at each stage of the batching process. After decisions have been rendered in this second batch of cases, Barefoot Dreams®, Inc. and all claimants shall engage in a second global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the first two (2) batches of cases. If the parties have not resolved the remaining disputes at the close of the second global mediation, Barefoot Dreams®, Inc. or any individual claimant(s) whose demand has not been adjudicated may elect to opt out of the arbitration by providing notice to opposing counsel, and if the claimant or Barefoot Dreams®, Inc. wishes to proceed with the claim they may file an individual, non-class action in court. If Barefoot Dreams®, Inc. or any claimant(s) do not opt out, those remaining claims will proceed in arbitration in continued batches of one hundred (100) demands per batch (to the extent there are fewer than one hundred (100) demands outstanding, a final batch will consist of the remaining demands).

To increase the efficiency of administration and resolution of arbitrations, and if consistent with the relevant rules and procedures, the arbitration provider shall: (i) designate a single arbitrator for each batch; (ii) provide for a single filing fee due per side per batch; and (iii) allow joint case management conferences and joint hearings, and such other coordinated procedures as the arbitrator deems appropriate.

You agree to cooperate in good faith with Barefoot Dreams®, Inc. and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This batching process shall in no way be interpreted as authorizing class or representative arbitration or litigation of any kind.

Barefoot Dreams®, Inc. does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 16(D). The statute of limitations and any filing fee deadlines shall be tolled for each demand subject to this Section from the time that the AAA filing requirements are satisfied with respect to that demand. If an arbitration demand is administered by JAMS as set forth in Section 16(B), the parties shall follow or adhere as closely as possible to or to the spirit of, the foregoing processes to the extent authorized by law and the applicable rules. If any dispute arises between the general AAA Consumer or Commercial Rules and the

Mass Arbitration Supplementary Rules, the Mass Arbitration Supplementary Rules shall control. If any dispute arises between the general JAMS Arbitration Rules and Procedures and the JAMS Mass Arbitration Procedures and Guidelines, the JAMS Mass Arbitration Procedures and Guidelines shall control. A court shall have authority to enforce this Section 16(D) and, if necessary, to enjoin the mass filing or prosecution of arbitration demands in violation thereof.

E. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 16(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 16(A); (b) filing for arbitration as set forth in Section 12(B); or (c) filing an action in state, Federal or provincial court.

F. Injunctive Relief. The foregoing provisions of this Section 16 will not apply to any legal action taken by Barefoot Dreams®, Inc. to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, its content and/or Barefoot Dreams®, Inc.’s intellectual property rights (including any that we may claim are in dispute), our operations, and/or our products or services.

G. No Class Action Matters. YOU AND BAREFOOT DREAMS®, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Except as expressly contemplated for mass arbitrations set forth in Section 16(D), Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.

There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated, but if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 16(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 16(H).

Notwithstanding any other provision of this Section 16, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” Section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

Notwithstanding any other provision of these Terms, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Section 16 shall be void except for the mandatory informal dispute resolution procedures set forth in Section 16(A). If any portion of this Section 16 other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section 16.

H. Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in the State of California. Accordingly, you and Barefoot Dreams®, Inc. consent to the exclusive personal jurisdiction and venue of such courts for such matters.

I. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either Barefoot Dreams®, Inc. or you may bring qualifying Disputes (but not Excluded Disputes) in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction.

The Barefoot Dreams®, Inc. mobile message service (the "Service") is operated by Barefoot Dreams®, Inc. (“Barefoot Dreams”, “we”, “us”, and “our”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Barefoot Dreams®, Inc.’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Barefoot Dreams®, Inc. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Barefoot Dreams®, Inc. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 78847 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Barefoot Dreams®, Inc. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 78847 or email cs@barefootdreams.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests you send to a short code or telephone number we have changed, may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

These Terms along with our Privacy Policy constitute the sole and entire agreement between you and Barefoot Dreams®, Inc. regarding the Site and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.