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Terms of Use

Last Updated: May 6, 2026

Ownership and Operation

This site and its related services and applications (collectively, this "Service") is being offered by Nutraceutical Wellness, Inc. ("Nutrafol" or "we"). Nutrafol may, in its sole discretion and at any time, modify, suspend or discontinue this Service or specific portions of it.

Agreement to be Bound; Termination

Your access to and use of this Service constitutes your agreement with Nutrafol to be bound by, and to act in accordance with, these Terms of Use. From time to time, Nutrafol may make available as part of this Service or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature.

You may terminate your use of this Service at any time. Nutrafol may suspend, discontinue or terminate your access to or use of this Service at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in these Terms of Use as determined by Nutrafol in its sole discretion, or (ii) for any other reason in Nutrafol's sole discretion. Nutrafol may notify you of any such suspension, discontinuance or termination by posting a notice on this Service, on any webpage opened when using this Service, by email to an email address you provided to Nutrafol upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of this Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of this Service, you must uninstall any Software (as defined below) downloaded from this Service and promptly destroy all Materials (as defined below) obtained through this Service, as well as any copies of such Materials. You agree that Nutrafol shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this Service.

If you do not agree to be bound by ALL of these Terms of Use, or if these Terms of Use are not enforceable where you are located, you may not use the Service. We would not provide the Service without the conditions herein. If you later seek to repudiate these Terms of Use or any aspect thereof, you agree that such action would constitute a breach of these Terms of Use, prohibiting you from enforcing any aspect of the Terms of Use and entitling us to damages resulting from your breach. AS SUCH, IF YOU DO NOT AGREE TO ANY ASPECT OF THE TERMS OF USE, PLEASE DO NOT USE THE WEB SITE OR THE SERVICE.

If you are an individual using the Service on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms of Use on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms of Use. In that case, references to “you” and “your” in these Terms of Use will refer to both the individual using the Service and to any such Organization.

Continuing Agreement

We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the Service to keep up to date with the current terms regarding your use of the Service. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, "Applicable Laws"), your use of the Service reaffirms your continuing agreement to the then-current Terms of Use.

I. Company Communications

By entering into these Terms of Use or using the Service, you agree to receive communications from the Company and our affiliates and representatives, which may include, without limitation, emails, push notifications, and SMS, MMS and other text messages (“Communications”). Text messages and emails may be directed to any telephone number and email address that you supply to us in connection with your creation of an Account or use of the Service or that you otherwise agree we may use to communicate with you. Communications may include but are not limited to: informational, transactional, operational and customer service communications concerning your Account, product orders, payments, appointments or use of the Service. If you provide us with your email address, you agree we may use it to send you offers, promotions and news about our company, products and Service. IF YOU OPT-IN TO RECEIVE PROMOTIONAL TEXT MESSAGE COMMUNICATIONS, YOU MAY ALSO RECEIVE OFFERS, PROMOTIONS AND OTHER MARKETING-RELATED COMMUNICATIONS VIA TEXT MESSAGE. YOU AGREE THAT TEXT MESSAGES MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY. Message frequency will vary. You also agree that carrier Message and Data Rates may apply to any text messages you receive in accordance with your carrier rate plan. YOUR CONSENT TO RECEIVE AUTODIALED PROMOTIONAL TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF ANY PURCHASE. To opt out of promotional emails, follow the unsubscribe options in the promotional email itself. To opt out of text messages, you can reply with the word “STOP” to any text message you receive from us. However, you acknowledge that opting out of receiving text messages may impact your use of the Service.

II. Your Account

When you set up an account with Nutrafol (your “Account”), you are required to provide certain information, including your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses the Service using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Service. We have no obligation to investigate the authorization or source of any such access or use of the Service.

YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACCESS AND USE OF YOUR ACCOUNT INFORMATION AND ALL PURCHASES AND ACTIVITIES THAT OCCUR UNDER OR IN CONNECTION WITH THE ACCOUNT, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS), WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU.

Please notify us immediately if you become aware that your Account Information is being used without authorization, or any other breach or threatened breach of the Service’s security.

In registering an Account on the Service or making a purchase through the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”) or any other prompts; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. By registering an Account or making a purchase through the Service, you represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Service; (c) do not have more than one (1) Account at any given time for the Service; (d) are not a person barred from using the Service under the laws of the United States, your place of residence or any other applicable jurisdiction; and (e) you will only provide us with true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Service (or any portion thereof) or purchase of any product. You agree not to register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Service by minors.

At the time of your first order, we will request shipping and payment information for your chosen payment method. You agree that if your payment information changes (e.g., card number, expiration date or other card details) we may update your payment information with information your bank or credit card issuer or our payment processor may supply to us, or other information available to us, and continue to charge your payment method.

III. Purchase of Products

Products and Services. The availability of the products and services described on the Service, and the descriptions of such products and services, may vary based on location and timing.

Order Acceptance. Each part of any order that you submit to Nutrafol constitutes an offer to purchase. If you do not receive a message from Nutrafol confirming receipt of your order, please contact our customer service department at support@nutrafol.com before re-entering your order. Nutrafol’s confirmation of receipt of your order does not constitute Nutrafol's acceptance of your order. Nutrafol is only deemed to have accepted your order once the product(s) you ordered have been shipped.

Order Issues. We reserve the right to cancel any order or refuse any purchase made through our Service.

No Resale. All purchases of products and services through the Service are for personal, non-commercial use only and you agree not to resell product without expressed written consent from Nutrafol. The sale or linking of our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is expressly prohibited.

International Shipping. We make no guarantees that we will be able to ship to you if you reside outside the United States. Please contact us at support@nutrafol.com if you have any questions about whether we ship to your location. Before your package can be released to you for delivery, you may have to pay customs charges and any import fees before your local postal service releases your package. Please be aware that we do not collect these charges and that it is your responsibility to pay these fees to your local agency. For more information or an estimate, please contact your local customs office to determine what the charges would be for “Food Supplements for Personal Use” (HS Tariff Code: 2016.90) based on the value of your total purchase.

IV. Subscription Process, Renewal and Cancellation

By signing up for a subscription, your subscription will automatically renew on the first day following the end of such subscription period indicated on your Order Summary (each a “Renewal Commencement Date”) and continue for an additional period equal to the number of days of your initial subscription period, at our price for such subscription, plus applicable shipping and taxes. You agree that your account will be subject to this automatic renewal feature unless you (i) defer your next order or (ii) cancel your subscription. You can cancel at any time from your account page, until the day your next subscription period begins to prevent renewal charges but you will not receive a refund for the remainder of your then-current subscription period. Upon the expiration of your deferral period, your subscription shall again be subject to the automatic renewal process described above.

By subscribing, you authorize us to charge your payment provider for your initial subscription period, and again at the beginning of any subsequent subscription renewal period for the fees agreed upon. Your charges may change if we change our pricing with notice to you. If you choose to cancel your subscription at any time, your subscription will no longer renew and we will not charge your payment provider for the subsequent subscription period. Upon renewal of your subscription, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that Company may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

V. Billing and Payments

Payment. You agree to pay all order fees or other charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Company with a valid credit card (Visa, MasterCard, American Express, Discover, or any other issuer accepted by us) or PayPal account (“Payment Provider”) as a condition to signing up for the Service. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement to determine your rights and liabilities. By providing Company with your credit card number or PayPal account and associated payment information, you agree that Company is authorized to immediately invoice your Account for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address or the credit card or PayPal account used for payment hereunder. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information and we may also obtain updated information from your issuing bank, card network or our payment processor. You agree we may continue to charge your payment method following any such update. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Service or by e-mail delivery to you.

We are not responsible for any fees or charges that your bank or credit card issuer may apply.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier.

Taxes. You may be charged tax, if applicable. You agree to pay all applicable taxes.

Third Party Provider. We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize us and our third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with these Terms of Use, including personal, financial, credit card payment, and transaction information. Upon initial registration of your credit card, you may see a pending charge as part of the authorization confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If you have any issues, please contact support@nutrafol.com.

Disputes. Unless otherwise provided by the applicable payment processor or payment platform used in connection with your payment for Service, you must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived. Notices of billing disputes should be directed to the following address: 236 5th Avenue, 7th floor, New York, NY 10001.

Returns. If you are not 100% satisfied with your purchase, you can return the product and get a full refund or exchange up to 30 days from the date of delivery. Any product you return must be in the same condition you received it and in the original packaging. Manage your return here.

VI. Ownership and Use of the Service and Site Materials

All right, title and interest in and to this Service, including all text, designs, images, videos, graphics, Software and other content and materials on the Service (collectively, "Materials"), are owned by Nutrafol and its licensors. Nutrafol also owns or has a right to use all trademarks, service marks, logos, and trade names used on this Service (collectively, "Trademarks").

Nutrafol grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use this Service (including any Materials) and to download one copy of the Materials on any single computer or device for your own personal, non-commercial home use strictly in accordance with these Terms of Use. Nutrafol may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.

No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by Nutrafol in its sole discretion.

Any modification of the Materials or use of the Materials for any other purpose is a violation of Nutrafol's or its licensors' copyright and other proprietary rights. The use of any such Materials on any other service or computer network without Nutrafol's written consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorized in these Terms of Use, or as authorized in writing by Nutrafol, is strictly prohibited. All rights not expressly granted to you are reserved by Nutrafol or its licensors.

VII. Downloaded Software

All right, title and interest in and to this Service, including all text, designs, images, videos, graphics, Software and other content and materials on the Service (collectively, "Materials"), are owned by Nutrafol and its licensors. Nutrafol also owns or has a right to use all trademarks, service marks, logos, and trade names used on this Service (collectively, "Trademarks").

Nutrafol grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use this Service (including any Materials) and to download one copy of the Materials on any single computer or device for your own personal, non-commercial home use strictly in accordance with these Terms of Use. Nutrafol may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.

No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by Nutrafol in its sole discretion.

Any modification of the Materials or use of the Materials for any other purpose is a violation of Nutrafol's or its licensors' copyright and other proprietary rights. The use of any such Materials on any other service or computer network without Nutrafol's written consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorized in these Terms of Use, or as authorized in writing by Nutrafol, is strictly prohibited. All rights not expressly granted to you are reserved by Nutrafol or its licensors.

VIII. Mobile Devices

If permitted or available through the Service, to (a) upload content to the Service via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Service from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which Nutrafol makes the Service available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Service. Any equipment or software causing interference will be immediately disconnected from the Service and Nutrafol will have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement.

IX. Privacy

For information on how Nutrafol uses and protects the personal information you may provide on this Service, please read the Nutrafol USA Privacy Policy. The Privacy Policy is incorporated into these Terms of Use and explains Nutrafol's privacy practices. By using the Service, you agree to the terms of the Privacy Policy.

X. User Code of Conduct

In using or accessing this Service, you agree, without limitation:

  • not to use this Service in breach of these Terms of Use;
  • not to use this Service for commercial purposes;
  • not to "spam" others or "phish" for others' personal information;
  • not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part this Service;
  • not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files;
  • not to use, frame or utilize framing techniques to enclose any part of this Service without Nutrafol's express prior written consent;
  • not to use meta tags or any other "hidden text" utilizing any Trademark without Nutrafol's express prior written consent;
  • not to "deeplink" to this Service without Nutrafol's express prior written consent;
  • not to create or use a false identity on this Service;
  • not to collect or store personal data about others;
  • not to attempt to obtain unauthorized access to this Service or portions of this Service that are restricted from general access;
  • not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
  • not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity and/or other applicable proprietary rights, or you have all necessary rights to do so and to grant the Licensed Parties (as defined below) the rights set forth in these Terms of Use;
  • not to use the features of this Service at any web site other than a merchant, retail or social networking web site as permitted under these Terms of Use. Such restricted web sites shall include, without limitation, blogs and other online publications;
  • not to use this Service in breach of any Third Party Site's (as defined below) terms and conditions;
  • not to use the Service for any commercial or for-profit manner or purpose, including, but not limited to, for the purpose of, or with the intention of initiating, future litigation or arbitration, including using the Service in order to trigger or induce an alleged violation of any law.

In addition, you agree that you will comply with all Applicable Laws that relate to your use of or activities in connection with this Service. You also agree to act consistent with the requirements set forth in these Terms of Use and the requirements of Nutrafol.

You agree to immediately notify Nutrafol if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use, including any unauthorized access to your Account. If you so notify Nutrafol, or we otherwise suspect such activity, you agree to cooperate with Nutrafol in any investigation and to use any prevention measures we prescribe.

XI. User Submissions

Certain portions of the Service may permit you to submit post, transmit or upload content created by you ("User Submissions"), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Service users.

In connection with User Submissions, you agree that you will not submit User Submissions that:

  • include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;
  • include any material that by itself, or by its use as permitted in these Terms of Use, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws;
  • are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
  • contain advertisements or solicitations of any funds, goods or services;
  • is a communication by a user impersonating another user;
  • contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or
  • could be considered bulk unsolicited communications.

By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to Nutrafol through this Service, whether solicited or unsolicited, you agree that you are granting Nutrafol, its third-party service providers who provide the Service, and retail partners (collectively, the "Licensed Parties") a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submissions for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated.

No credit, approval or compensation is due to you for any such Use of User Submissions you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of the Licensed Parties.

By submitting, posting, transmitting or uploading User Submissions through or to the Service, you authorize the Licensed Parties to make copies thereof and retain such User Submissions and copies as the Licensed Parties deem necessary to facilitate the Use of the User Submission.

You represent and warrant that neither the User Submissions, nor the Use of the User Submissions as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submissions. All User Submissions must comply with the User Code of Conduct set forth above.

Although the Licensed Parties are under no obligation to review or monitor User Submissions, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. Nutrafol also reserves the right to terminate your Account if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that Nutrafol does not have any obligation to use or respond to any User Submissions. The Licensed Parties have no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Submissions.

If you are aware of any User Submissions on this Service which violate these Terms of Use, please contact us by calling 1-888-454-3320, or writing to us at 111 River Street, Hoboken, NJ 07030. Please provide as much detail as possible, including a copy of the underlying material, the location where Nutrafol may find it, and the reason such User Submissions should be removed. Please note that filing a complaint will not guarantee its removal; Nutrafol will only remove User Submissions if Nutrafol believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Agent." In no event does Nutrafol assume any liability for failing to either monitor or remove specific User Submissions.

Nutrafol will fully cooperate with any law enforcement authorities or court order requesting or directing Nutrafol to disclose the identity of anyone posting User Submissions that violate these Terms of Use or any law or regulation. Nutrafol may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Nutrafol, its customers or the public.

XII. Voting/Rating Features

For any voting/rating features that are available on this Service, you must follow instructions on this Service to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. Nutrafol assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. Nutrafol may, at its discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. Nutrafol reserves the right, in its sole discretion, to disqualify any individual it finds to be violating these Terms of Use, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Nutrafol's decisions with respect to all aspects of any voting/rating element are final and binding, including, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or X), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.

XIII. Contests/Sweepstakes

Any sweepstakes, contests, games and/or promotional offers accessible on this Service are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contest or participating in such games or promotional offers available on this Service, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms of Use, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern for that program, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Service (such as those of social media partners like Facebook and X), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Service, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.

XIV. Geographic Scope of Site

Nutrafol controls and operates this Service from within the United States of America. While you may access the Service from anywhere within the United States of America, you understand and agree that Nutrafol is not purposefully directing, or otherwise aiming, any activity to where you may be located through its operation of the Service, the use of which the parties agree is exclusively subject to New York law. Unless otherwise specified on or by this Service, this Service is intended to promote only those Nutrafol products that are sold generally by Nutrafol in the United States and its territories and possessions, not targeted to any such particular jurisdiction, and Nutrafol makes no representation that materials in this Service or the products described thereby are appropriate or available for use in other locations. All visitors to this Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Service.

XV. Links to Other Sites

For your convenience and enjoyment, this Service may provide links to other third party web sites on the World Wide Web that are not operated by Nutrafol ("Third Party Site"). Nutrafol has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. Nutrafol may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by Nutrafol to, or an endorsement by Nutrafol of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. Nutrafol is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, Nutrafol is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.

If you determine to share any information about any Nutrafol products through a social network platform, including through links provided by Nutrafol through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by Nutrafol, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.

XVI. Disclaimer of Warranties and Conditions.

Contents of this Service – Disclaimer. THE MATERIALS IN THIS SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SERVICE ARE PROVIDED "AS IS" AND "AS-AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NUTRAFOL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NUTRAFOL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. NUTRAFOL UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THIS SERVICE, YOU WILL BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY USERS. NUTRAFOL IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER SUBMISSIONS, AND NUTRAFOL DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS. IN ADDITION, NUTRAFOL CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER SUBMISSIONS WILL NOT APPEAR ON THIS SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER SUBMISSIONS ON THIS SERVICE, NUTRAFOL IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER SUBMISSIONS OR ACTIVITIES OF USERS ON THIS SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY THOSE OF NUTRAFOL OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.

Operations of this Service – Disclaimer. NUTRAFOL ENDEAVORS TO MAINTAIN THIS SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THIS SERVICE, NUTRAFOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NUTRAFOL MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SERVICE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT NUTRAFOL) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU FURTHER AGREE THAT THIS SERVICE IS PROVIDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY OVER THE PUBLIC INTERNET, AND ANY DATA OR OTHER INFORMATION OBTAINED BY NUTRAFOL OR THIRD PARTIES FROM YOUR USE OF THE SERVICE HAS NO VALUE TO YOU, AND NO INJURY CAN RESULT FROM YOUR USE OF THE SERVICE.

NOT INTENDED AS MEDICAL ADVICE. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE AND PROVIDED THROUGH THE SERVICES IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE OF ANY KIND. THE INFORMATION PRESENTED ON THE SITE OR THROUGH THE SERVICES SHOULD NOT BE INTERPRETED OR CONSTRUED IN ANY WAY AS A REPLACEMENT OR SUBSTITUTE FOR MEDICAL ADVICE PROVIDED BY YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. YOU SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE OR TREATMENT FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER DUE TO ANY INFORMATION PROVIDED ON THE SITE INCLUDING THROUGH YOUR CONSULTATION(S) WITH A NATUROPATHIC DOCTOR. UNDER NO CIRCUMSTANCES SHOULD YOU ALTER YOUR EXISTING MEDICATION, SUPPLEMENTATION, DIETARY OR PHYSICAL REGIMEN BASED ON ANY INFORMATION PROVIDED THROUGH THE SITE OR THROUGH THE SERVICES, INCLUDING ANY ADVICE, RECOMMENDATIONS AND/OR INFORMATION PROVIDED BY A NATUROPATHIC DOCTOR WITHOUT CONSULTING WITH YOUR PHYSICIAN. IT IS IMPORTANT FOR YOU TO DISCUSS YOUR TREATMENT OPTIONS, AND ANY QUESTIONS THAT YOU MAY HAVE IN CONNECTION WITH ANY INFORMATION PROVIDED ON THE SITE OR THROUGH THE SERVICES, WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. YOUR ACCESS TO OR USE OF THE SITE AND THE SERVICES PROVIDED THEREIN IS NOT INTENDED TO CREATE IN ANY WAY A PHYSICIAN/PATIENT, CONFIDENTIAL OR PRIVILEGED RELATIONSHIP, OR ANY SIMILAR RELATIONSHIP THAT WOULD GIVE RISE TO DUTIES ON THE PART OF NUTRAFOL.

THE PRODUCTS AND CLAIMS MADE IN CONNECTION WITH PRODUCTS ON THE SITE OR THROUGH THE SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR MEDICAL CONDITION. PRODUCT INFORMATION MAY VARY BY COUNTRY. YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER PRIOR TO STARTING ANY SUPPLEMENTATION PROGRAM OR TAKING ANY MEDICATION OR IF YOU SUSPECT YOU MAY HAVE A HEALTH PROBLEM.

PLEASE CAREFULLY READ ALL INFORMATION PROVIDED BY NUTRAFOL IN CONNECTION WITH ANY PRODUCT AND ON ANY PRODUCT LABEL OR PACKAGING BEFORE USING SUCH PRODUCT. EACH PERSON IS DIFFERENT AND THE WAY ONE PERSON REACTS TO A PRODUCT MAY BE SIGNIFICANTLY DIFFERENT THAN THE WAY ANOTHER PERSON REACTS. YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY POTENTIAL INTERACTIONS BETWEEN THE PRODUCTS AND MEDICATIONS AND/OR SUPPLEMENTS YOU ARE CURRENTLY TAKING.

WHILE WE ENDEAVOR TO KEEP THE MATERIALS ON THE SITE CURRENT, HEALTHCARE INFORMATION CHANGES RAPIDLY AND THUS, THE MATERIALS ON THE SITE SHOULD NOT BE RELIED UPON TO BE FULLY COMPREHENSIVE, ACCURATE OR ERROR FREE. WE DO NOT RECOMMEND, ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH REGARD TO THE ACCURACY, COMPLETENESS, TIMELINESS, QUALITY, EFFICACY OR NON-INFRINGEMENT OF ANY OF THE PROGRAMS, MATERIALS, PRODUCTS OR OTHER INFORMATION PROVIDED ON THE SITES OR BY THE COMPANIES OR ORGANIZATIONS LINKED OR REFERRED TO ON THE SITE, INCLUDING BUT NOT LIMITED TO THE LINKED SITES. WE DO NOT ADVOCATE THAT YOU ATTEMPT TO TREAT YOURSELF, YOUR FAMILY, SOMEONE YOU KNOW, OR ANY OTHER INDIVIDUAL WITHOUT PROPER MEDICAL SUPERVISION. WE ENCOURAGE YOU TO SEEK THE GUIDANCE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER IF YOU FEEL THAT YOU, YOUR FAMILY OR SOMEONE THAT YOU KNOW SUFFERS FROM THE CONDITIONS DESCRIBED ON THE SITE. IF YOU REQUIRE URGENT CARE, YOU SHOULD CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.

No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

News, Blog Posts and Press Releases. The Service may contain information, news, press releases and/or other postings. We will use reasonable care to ensure that such information, news, press releases or other postings are accurate at the time they are added to the Service. Please note, however, that we cannot guarantee that any information posted on the Service is accurate, and we shall not be liable for any losses or damage that anyone may suffer as a result of relying on such information.

XVII. Indemnification

You agree to defend, indemnify, and hold us, our parent companies, subsidiaries and affiliates, and each of their respective officers, directors, employees, contractors and suppliers (“Nutrafol Parties”) harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising in any way from or in connection with (i) your use of the Service, (ii) any violation by you of these Terms of Use, or any other policy posted from time to time on the Service applicable to your use of the Service, or (iv) your violation of any applicable laws or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of Nutrafol. Nutrafol will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

XVIII. Limitation of Liability

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL A NUTRAFOL PARTY BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT A NUTRAFOL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, NUTRAFOL PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT OF FEES PAID TO NUTRAFOL BY YOU PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (b) $100. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A NUTRAFOL PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A NUTRAFOL PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A NUTRAFOL PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

XIX. Limitations as to Sections XVI and XVIII

Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the Nutrafol Parties' total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Service. You understand that Sections XVI and XVIII are an essential aspect of our ability to provide the Service to you, and that we would not be able to do so without these provisions. If you do not intend to honor these provisions, do not use the Service.

XX. Dispute Resolution

PLEASE READ THE FOLLOWING SECTIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. Nutrafol is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. Nutrafol’s Customer Service Representatives are ready to assist you and address your concerns. If our customer service team is unable to resolve your concern, you may pursue disputes as detailed in the sections below.

A. Pre-Arbitration Claim Resolution - For all disputes, you must first give Nutrafol an opportunity to resolve the dispute by writing us at 111 River Street, Hoboken, NJ 07030, Attn: General Counsel, and providing the following information: (1) your name, (2) your address and email address, (3) a written description of your claim, expressly including any available documentation supporting or otherwise evidencing your claim that is in your possession or available to you through a third party, and (4) a description of the specific relief you seek, the damages and/or injury you suffered, and a calculation for any such damages (a “Dispute Notice”). Each Dispute Notice is limited to a single Dispute between you and Nutrafol. As such, your dispute and the disputes of other parties may not be combined into a single Dispute Notice.

Within 60 days after receiving a complete Dispute Notice, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Nutrafol (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Nutrafol will participate in the Conference through one or more representatives, which may include our counsel.

Both you and Nutrafol agree that the foregoing dispute resolution procedure (the “Pre-Arbitration Claim Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation or otherwise filing any claim against the other party. If any aspect or requirement of the Pre-Arbitration Claim Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the dispute.

B. Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver - Any claim between you and Nutrafol related to these Terms of Use or your use of this Service, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration, except to the extent either party elects to resolve a dispute subject to the jurisdiction of a small claims court.

You and Nutrafol further agree that any dispute, whether at law or equity, arising out of or relating in any way to these Terms of Use or your use of the Service, by whatever means, between you and Nutrafol, shall be resolved in its entirety on an individual basis (not classwide or collective) through binding arbitration. Any dispute regarding the scope of this Arbitration Agreement shall be decided by the arbitrator.

You and Nutrafol agree that any arbitration under this Arbitration Agreement will take place on an individual basis, except as otherwise provided below, and that proceedings as a private attorney general are not permitted.

C. Arbitration Procedures - If any dispute between you and Nutrafol is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Nutrafol may initiate arbitration proceedings. Any controversy or claim arising out of your use of this Service or these Terms of Use shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree that Nutrafol accommodating any location request for your convenience will not subject Nutrafol to personal jurisdiction in such forum. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration. In resolving a claim for arbitration, the arbitrator shall apply New York State law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made and all initial filing requirements are met, unless further extended by mutual agreement of the parties. Disputes regarding the scope of this agreement to arbitrate shall be resolved by the arbitrator.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS.

However, notwithstanding the above, if you file a demand for arbitration that is one of fifty (50) or more similar demands for arbitration filed against Nutrafol by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”), or any successor rules or procedures intended to or having the effect of reducing the cost of Mass Arbitration. The Mass Arbitration Procedures are available at www.jamsadr.com/mass-arbitration-procedures.

You and Nutrafol agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section (Disputes), or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.

DO NOT USE THE SERVICE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

D. Other Dispute Resolution Terms - In the event of any dispute between the parties, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with the dispute. As in court, you and Nutrafol agree that any counsel representing someone in arbitration certifies that they will comply with the requirements of Federal Rule of Civil Procedure 11, including a certification that the claim or the relief sought is neither legally or factually frivolous, nor brought for an improper purpose.

You acknowledge that if you are in breach of any provisions of these Terms of Use, you shall not have the right to enforce any of the provisions herein. This includes, but is not limited to, any rights or remedies that would otherwise be available to you under these Terms of Use.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO YOUR USE OF THIS SERVICE OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

XXI. Copyright Agent

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located, with enough detail that we may find it;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Cristina A. Carvalho

ArentFox Schiff LLP
1717 K Street NW
Washington, DC 20006 United States
P: 202.857.6000 F: 202.857.6395
cristina.carvalho@afslaw.com

We suggest that you consult your legal advisor before filing a notice with our copyright agent.

We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions.

XXII. General Provisions

Electronic Communications. The communications between you and Nutrafol may take place via electronic means, whether you visit the Service or send Nutrafol e-mails, or whether Nutrafol posts notices on the Service or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Nutrafol in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Nutrafol provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

Release. You hereby release Nutrafol Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Nutrafol’s products or the Service, including but not limited to, any interactions with or conduct of third-party websites of any kind arising in connection with or as a result of these Terms of Use or your use of the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Nutrafol Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service or Nutrafol’s products provided hereunder.

Force Majeure. Nutrafol shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Service or Nutrafol’s products, please contact us at: support@nutrafol.com . We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Applicable Law and Forum. Your use of this Service, these Terms of Use and any disputes arising under or related to these Terms of Use or related to use of this Service (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws in effect in the State of New York, without reference to its conflicts of law principles.

Any disputes not subject to arbitration pursuant to Section 20, shall be resolved by a court located in New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that, to the extent permitted by law, (a) any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective, or representative capacity.

Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.

Notice. Where Nutrafol requires that you provide an e-mail address, you are responsible for providing Nutrafol with your most current e-mail address. In the event that the last e-mail address you provided to Nutrafol is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Nutrafol’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Nutrafol at the following address: Nutrafol, 236 5th Avenue, 7th floor, New York, NY 10001. Such notice shall be deemed given when received by Nutrafol by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

Waiver of Jury Trial. NUTRAFOL AND YOU ALSO WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHT OR REMEDIES UNDER, OR ARISING IN CONNECTION WITH OR RELATING TO, THESE TERMS OF USE.

Severability. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

No Waiver. No failure on the part of Nutrafol to enforce any part of these Terms of Use shall constitute a waiver of any of Nutrafol's rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Nutrafol nor the reliance of any person on Nutrafol's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Nutrafol shall have any legal effect whatsoever.

Export Control. You may not use, export, import, or transfer any products, services or technology of Nutrafol except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the products or services, and any other applicable laws. In particular, but without limitation, Nutrafol’s products, services and technology may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Service, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Nutrafol are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Nutrafol products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Copyright Information. Copyright © 2026 Nutraceutical Wellness Inc. All rights reserved.

No Legal Effect. The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect. To return to the site you were visiting, press the back button on your browser.

Contact Information:
Nutraceutical Wellness Inc.
Telephone: 1-888-454-3320
Email: support@nutrafol.com

Customer Referral Program Terms