Terms of Use | Rhone Apparel, Inc.

RHONE APPAREL, INC. WEBSITE TERMS OF USE

Last Updated: September 4, 2026

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE RHONE WEBSITE.

These Terms of Use (collectively, “Terms”) form a legal agreement between Rhone Apparel, Inc., a Delaware corporation (“Rhone”, “we”, “us”, or “our”), and you, the individual (“you” and “your”), concerning your access to and use of the website located at www.rhone.mom (the “Website”), together with any related content, functionality, and services offered on or through it (collectively, the “Services”). The Website is an online retail platform through which Rhone sells, accepts trade-ins, and re-sells athleisure and activewear apparel and related products (“Products”), and provides related features and functionality. By accessing or using the Services, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

ARBITRATION NOTICE: IF YOU DO NOT OPT OUT OF ARBITRATION AS OUTLINED IN THE “MUTUAL DISPUTE RESOLUTION USING BINDING ARBITRATION” SECTION 21 OF THESE TERMS, YOU CONSENT TO RESOLVING DISPUTES BETWEEN YOU AND RHONE THROUGH BINDING, INDIVIDUAL ARBITRATION. BY AGREEING TO THIS, YOU RELINQUISH YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER DETAILED IN SECTION 21.

Services.

Rhone operates the Website as an online retail platform through which users may browse, purchase, and interact with Rhone’s athleisure and activewear apparel and related Products. The Services include, but are not limited to, the following:

Product Sales: an online storefront offering athleisure and activewear apparel, accessories, and related items;

ReRhone Trade-In Program: an e-commerce trade-in platform (“ReRhone”) through which users may trade in gently used Rhone apparel and earn store credit;

Rhone Pro Program: a professional discount program for eligible fitness professionals;

Community Discount Programs: discount programs for military, first responders, medical professionals, students, and teachers;

Partnerships: brand partnerships, including as the official on-course apparel partner of the LPGA and official dress shirt of the NBA;

AI Chatbot: an artificial intelligence-powered chatbot to assist with customer inquiries, product questions, and troubleshooting;

Customer Support: help desk and customer service functionality to address order issues, general questions, and other inquiries; and

Community Features: interactive features that may include chat functionality, message boards, polls, surveys, and other user engagement tools.

Rhone reserves the right at any time to change or discontinue the Services or the sale of any Products with or without notice. You agree that Rhone is not liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services or Products.

Privacy Notice and Electronic Communications.

You furnish information to Rhone in connection with creating your account and using the Services, including your name, email address, and other personal details. Your privacy rights, including any rights you may have under applicable state or federal privacy laws, are governed by our Privacy Notice at https://privacy.rhone.mom/. Please review the Privacy Notice for information regarding the collection, use, and disclosure of your personal information and how to exercise any applicable privacy rights.

Electronic Communications satisfy any legal requirement that such communications be made in writing, to the fullest extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and applicable state law. You agree that Rhone may rely on the email address associated with your account as a valid address for delivery of Electronic Communications, and it is your responsibility to keep your email address current and accurate. You may withdraw your consent to receive Electronic Communications at any time by contacting us at privacy@rhone.mom; however, withdrawal of consent may result in the termination of your account and access to the Services, as electronic delivery is integral to Rhone’s ability to provide the Services.

Eligibility and Age Requirements.

The Services are intended for individuals age 18 and older. Do not use the Services if you are under 18. By accessing or using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. No person under 18 may create an account or independently use the Services.

Accounts and Registration.

To use certain features of the Services, including making purchases and participating in the ReRhone trade-in program, you must create an account by providing accurate, current, and complete information, including a username and password. You agree to promptly update your account information as needed to keep it accurate and complete. You are responsible for safeguarding your login credentials and for all activities that occur under your account. You agree to promptly inform Rhone of any unauthorized use of your username, password, or any other security breach related to the Website by contacting Rhone via email at service@rhone.mom. Rhone may suspend or disable accounts it reasonably suspects contain inaccurate information, are fraudulent, or are compromised, and may investigate suspected violations and cooperate with law enforcement. Under no circumstances may you utilize someone else’s account.

Orders and Payments.

Purchasing Products.

The Website allows you to browse and purchase Products, including apparel, accessories, and gift cards. By placing an order on the Website, you represent that you are of legal age in your jurisdiction and that the Products ordered will be used only in a lawful manner. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the possession, use, and sale of any item purchased from the Website. You are responsible for any taxes imposed on the sale or use of Products, and applicable taxes may be added to the amount charged for Products purchased on the Website.

Payment Processing.

The Website uses third-party payment providers such as Shop Pay and PayPal for payment processing and related billing functions. By using the payment features of the Website, you agree to be bound by the applicable payment processor’s terms and conditions, as they may be modified from time to time. Rhone is not responsible for any errors, delays, or security breaches related to the processing of your payment by the payment processor. We reserve the right, without prior notice, to limit the order quantity on any Product and to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product.

Gift Cards.

Gift cards purchased through the Website (i) do not expire and have no expiration date; (ii) are not subject to any service fees, dormancy fees, inactivity fees, or similar charges; (iii) cannot be redeemed for cash, except as required by applicable law; and (iv) are non-refundable except as required by applicable law. Gift cards are non-transferable except as permitted by Rhone. Lost or stolen gift cards will not be replaced except as required by applicable law and only upon presentation of proof of purchase.

Refunds, Returns, Exchanges, and Shipping.

Rhone Product Returns. Rhone’s return, exchange, and refund policy is set forth on the Website at https://www.rhone.mom/pages/returns/ and is incorporated herein by reference. Items marked as “Final Sale” are non-returnable and non-exchangeable. Original shipping charges are non-refundable. Returned items are the customer’s responsibility until received by Rhone, and Rhone is not responsible for returns that are missing, damaged, or lost in transit. Please review the return policy on the Website for complete details regarding eligibility, timeframes, and procedures.

Shipping: When a Product order is placed through the Website, it will be shipped to the address designated by the purchaser. All purchases of Products from the Website are made pursuant to a shipment contract between Rhone and independent carriers. Risk of loss and title for Products pass upon delivery of the items to the carrier. Claims for damaged or lost shipments should be addressed to Rhone or the applicable carrier. Shipping costs, estimated delivery timeframes, and available shipping methods will be disclosed at checkout. Rhone ships to addresses within the United States unless otherwise stated on the Website.

ReRhone Resale Returns. Returns for items purchased through the ReRhone resale platform are subject to a separate return policy. Customers may request a return within forty-five (45) days of the order date for a refund of the purchase price, excluding original and return shipping fees. After forty-five (45) days from the date of purchase, items are no longer eligible for a refund. Customers should initiate a return immediately if any of the following apply: undisclosed damage, incorrect or missing item, or the item is not an authentic Rhone product.

ReRhone Trade-In Program.

Rhone operates the ReRhone trade-in program through the Website. Through the ReRhone program, users may buy and trade in gently used Rhone clothing in wearable condition and earn store credit toward future purchases. Rhone does not accept accessories, swimwear, altered items, third-party products, or items with rips, holes, or stains that cannot be removed. Submission limits, trade-in credit amounts, and any applicable processing fees are disclosed on the Website and are subject to change at Rhone’s discretion. To complete a trade-in, users print a prepaid shipping label, drop the item off at a carrier location, and, once the item is received and accepted by Rhone, the user will receive a store credit code within approximately ten (10) business days. Trade-in submissions are subject to Rhone’s review and acceptance in its sole discretion. Items submitted for trade-in cannot be canceled or returned once shipped, even if not accepted. Items that are not accepted may be donated at Rhone’s discretion.

Store credit issued through the ReRhone program has no cash value, is non-refundable, and is non-transferable except as permitted by Rhone. Trade-in credit may be redeemed on the Website or at Rhone retail stores, but may not be used for ReRhone purchases, gift card purchases, or hemming fees. Only one trade-in credit may be applied per order and may not be combined with other promotional codes. Trade-in credit must be used in full in a single order; any unused balance does not roll over to future purchases. Rhone reserves the right to modify, suspend, or terminate the ReRhone program at any time in its sole discretion, including the credit amounts, processing fees, and eligible items, upon notice posted on the Website. Rhone will issue a refund if an item never ships or has been materially misrepresented by the seller.

Rhone does not guarantee:

the existence, quality, or authenticity of items listed for sale on the ReRhone platform;

the truth or accuracy of sellers’ content or listings; or

the ability of sellers to sell items or ship items within required shipping windows.

Rhone Pro Program.

Rhone offers the Rhone Pro Program (the “Pro Program”) through which eligible fitness professionals may apply to receive a discount on Products, plus additional perks such as special invitations to pro events, early access to product drops, and other benefits as determined by Rhone from time to time. To participate in the Pro Program, you must submit an application through the Website with documentation that confirms your status, and be approved by Rhone in its sole discretion. Participation in the Pro Program is subject to any additional terms disclosed at the time of enrollment. Rhone welcomes feedback from Pro Program members regarding Products and the Pro Program. Rhone reserves the right to modify, suspend, or terminate the Pro Program at any time in its sole discretion, including the discount rate, eligibility requirements, and available perks, upon notice posted on the Website.

Community Discount Programs.

Rhone offers community discount programs for eligible individuals, including members of the military, first responders, medical professionals, teachers and students with valid student identification (collectively, “Community Discounts”). To receive a Community Discount, you must submit an application through the Website and be approved by Rhone or its designated verification partner. Community Discounts are subject to verification of eligibility and may not be combined with other promotions or discounts unless otherwise stated. Rhone reserves the right to modify, suspend, or terminate any Community Discount program at any time in its sole discretion.

Wholesale and Corporate Orders.

Rhone offers wholesale and corporate ordering options for businesses, organizations, and other eligible entities. Wholesale and corporate purchases are subject to Rhone’s separate Wholesale Terms and Conditions. In the event of any conflict between these Terms and the Wholesale Terms and Conditions, the Wholesale Terms and Conditions shall control with respect to wholesale and corporate orders. Rhone reserves the right to modify, suspend, or terminate the wholesale and corporate ordering program at any time in its sole discretion.

Promotions

Unless otherwise specified, product prices already reflect applicable discounts. All promotions are subject to the following terms:

General Promotion Terms.

Promotional offers are limited to stock on hand; no rain checks are available. Promotions are not valid on prior purchases, gift cards, taxes, or shipping charges, and may not be combined with other promotions, discounts, or coupon codes. You must pay applicable sales tax. Promotions have no cash value and are void where prohibited or restricted by law. If any portion of a promotional purchase is returned, you forfeit the corresponding portion of the promotional discount. Promotions apply only to purchases made on the Website and are valid only in the United States unless otherwise noted. Rhone may end or modify any promotion at any time without notice.

Rhone Funds.

“Rhone Funds” are promotional coupons with no cash value and are not legal tender. Only one Rhone Funds code may be applied per order. Rhone Funds must be used in full in a single order; any unused balance is forfeited. Rhone Funds may not be copied, transferred, sold, or exchanged, and are void if expired. Rhone reserves the right to substitute a reward of equal or greater value or to void Rhone Funds in its sole discretion, including if the qualifying purchase is canceled or returned.

Proprietary Rights and Licenses.

The Website and Services and their entire contents, features, and functionality, including but not limited to software, text, displays, graphics, images, and other materials generated by or within the Website and Services (collectively, “Content”), are owned and copyrighted by Rhone or lawfully obtained from Rhone’s providers and licensors. You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, service marks, and logos in the Website and Services and the Content are owned by Rhone or its licensors or providers. Neither these Terms, nor your access to or use of the Website and Services, transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, and Rhone and its licensors and providers reserve all rights not expressly granted to you in these Terms.

The trademarks, service marks, and logos (“Marks”) used in the Website and Services are owned by Rhone or its providers or licensors. The owner of the Marks holds exclusive rights to the Marks. You must not use any Mark without the prior written consent of Rhone or the owner of the Mark. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Website.

Subject to your compliance with these Terms and all restrictions therein, Rhone grants you only a limited, non-transferable, non-exclusive, and revocable license to access and use the Website and Services solely for your personal, non-commercial use (unless you are an authorized wholesale or corporate customer purchasing in accordance with the Wholesale Terms and Conditions).

Prohibited Uses.

You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:

send or otherwise transmit to or through the Website any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to the Website or computers of any kind, and any unsolicited advertising, solicitation, or promotional materials;

misrepresent your identity or affiliation in any way;

restrict or inhibit any person from using the Website, disclose personal information obtained from the Website, or collect information about users of the Website;

reverse engineer, disassemble, or decompile any section or technology on the Website, or attempt to do any of the foregoing;

gain unauthorized access to the Website, to other users’ accounts, names, personally identifiable information, or other information, or to other computers or websites connected or linked to the Website;

launch or use any automated system, including without limitation “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

send or otherwise transmit to or through the Website chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;

post, transmit, or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;

violate any applicable laws or regulations in any way;

alter or modify any part of the Services;

allow any other person to use the Services with your registration or login information;

breach or otherwise circumvent Rhone’s security or authentication measures;

use the Website to sell, promote, or distribute any product or service that is illegal, unsafe, or otherwise prohibited by applicable law;

use any of the Products in any manner to create any similar items that may compete with the sale of the Products;

use the Website, Services, or Content to develop, train, fine-tune, benchmark, or validate any machine learning or artificial intelligence system, or for text or data mining, without Rhone’s prior written consent; and

assist or permit any persons in engaging in any of the activities described above.

Your Submissions; User Content; Social Media.

Submissions Generally.

You acknowledge that you, not Rhone, are responsible for all submissions you provide to the Website and Services. Any information you transmit to Rhone through the Website and Services, whether through direct input, submission, upload, email, or other means, including data, queries, remarks, feedback, reviews, forum interactions, or proposals (collectively referred to as “Submissions”), will be regarded as non-confidential and non-proprietary to the extent permitted by applicable law.

You grant Rhone a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publicly perform, and publicly display your Submissions (in whole or in part) for the purpose of operating and providing the Website and Services to you and our other users. You warrant that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. Rhone is free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.

User Content.

The Website may allow users to post reviews, ratings, comments, and other user-generated content related to Products and the Services (collectively, “User Content”). By posting User Content, you represent and warrant that:

you are the sole author of the User Content and that it reflects your genuine opinion and experience;

your User Content is truthful, accurate, and not misleading;

your User Content does not infringe, misappropriate, or violate any third-party right; and

your User Content complies with all applicable laws and these Terms.

Rhone does not endorse, verify, or guarantee the accuracy of any User Content. Rhone reserves the right, but has no obligation, to monitor, edit, or remove any User Content at its sole discretion. Rhone is not responsible for any User Content posted by users of the Website.

Social Media Content.

By tagging Rhone, or using designated hashtags on social media, you grant Rhone a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content for marketing and promotional purposes, subject to the terms of the applicable social media platform.

Notice and Procedure for Making Claims of Copyright Infringement.

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (“DMCA”). If you believe that content or material on our Website or Services is unlawfully infringing a copyright owned by you, and wish to have the allegedly infringing material removed or access to it blocked, you must provide notice to our Copyright Agent at:

Rhone Apparel, Inc.

Attention: Copyright Agent

One Dock Street, Floor 5, Stamford, CT 06902

Email: legal@rhone.mom

Please ensure that your notice includes: (i) identification of the copyrighted work(s) claimed to have been infringed; (ii) identification of the supposedly infringing material that is to be removed; (iii) information reasonably sufficient to permit us to locate the material on the Services; (iv) your address, telephone number, or email address; (v) a statement that you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law; (vi) a statement that, under penalty of perjury, the information in the notification is accurate and where relevant you are authorized to act on behalf of the copyright owner; and (vii) your physical or electronic signature.

A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide our Copyright Agent a notice containing the following: (i) identification of the supposedly infringing material that is to be removed; (ii) a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and (iv) the signature, physical or electronic, of you or a person authorized to act on your behalf.

We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification, and inform the complaining party that we will restore the removed or disabled content within ten (10) to fourteen (14) business days. If we do not receive notice that a lawsuit has been filed within ten (10) to fourteen (14) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. It is Rhone’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.

External Links.

The Website may contain links to third-party websites and social media platforms, including but not limited to Instagram, TikTok, and Facebook (collectively, “Third-Party Sites”). Linked Third-Party Sites are provided for convenience only and are not under the control of Rhone, and Rhone is not responsible for the content, timeliness, accuracy, or availability of any Third-Party Site. A link does not imply that Rhone endorses, sponsors, or is affiliated with the linked platform or its content. Your use of Third-Party Sites is at your own risk and subject to the terms of use and privacy policies of those platforms; these Terms do not apply to Third-Party Sites. Please be aware that when you interact with social media links, including by clicking through to a social media platform, those third-party platforms may independently collect information about you, including through cookies, tracking pixels, or similar technologies, in accordance with their own privacy policies. Rhone has no control over and is not responsible for any data collection, use, or disclosure practices of Third-Party Sites. We encourage you to review the privacy policies and terms of use of any Third-Party Sites you visit.

Linking to the Website.

You may create a link to the Website provided that the link does not portray Rhone or its Products or Services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of Rhone’s logos, trademarks, or other proprietary graphics as part of your link without Rhone’s prior written consent. You agree to remove any link upon Rhone’s request, in its sole and absolute discretion. Rhone reserves all rights and remedies available at law or in equity to enforce this provision.

Artificial Intelligence

Artificial Intelligence Features.

Rhone may use artificial intelligence, machine learning, and other automated technologies (“AI Features”) to enhance the Services, including but not limited to AI-powered chatbots, personalized recommendations, search functionality, customer support, and AI-assisted checkout and purchasing functionality. AI Features may be provided through third-party platforms, including AI-powered checkout channels integrated with Rhone’s e-commerce systems. By using the Services, you acknowledge and consent to Rhone’s use of AI Features as described in this Section and in our Privacy Notice.

AI Features are provided for convenience and to improve your experience. Rhone does not guarantee the accuracy, completeness, reliability, or suitability of any output, recommendation, or result generated by AI Features, including product recommendations, pricing information, availability, or other purchase-related information provided during AI-assisted checkout. You acknowledge that AI Features may produce errors, inaccuracies, or results that do not meet your expectations. Any recommendations, responses, or other outputs generated by AI Features are not endorsements by Rhone and should not be relied upon as the sole basis for any purchasing or other decision.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RHONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO AI FEATURES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. RHONE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF OR RELIANCE ON AI FEATURES, INCLUDING ANY ERRORS, OMISSIONS, OR INACCURACIES IN AI-GENERATED CONTENT OR RECOMMENDATIONS.

Third-Party AI Platforms.

Certain AI Features, including AI-assisted checkout, may be powered by third-party artificial intelligence platforms and providers. Your use of such AI Features may be subject to the terms of use and privacy policies of those third-party providers in addition to these Terms and Rhone’s Privacy Notice. Rhone is not responsible for the content, accuracy, data practices, or availability of third-party AI platforms, and your use of such platforms is at your own risk. We encourage you to review the terms and privacy policies of any third-party AI platform before use.

AI-Assisted Purchases.

Orders placed through AI-assisted checkout channels are subject to the same terms and conditions as orders placed directly through the Website, including the order acceptance, payment, shipping, return, and refund terms set forth in Section 5. Rhone reserves the right to refuse, cancel, or limit any order placed through AI-assisted checkout in its sole discretion, including for suspected errors, fraud, or misuse. The receipt of an order confirmation through an AI-assisted channel does not constitute Rhone’s acceptance of an order or confirmation of an offer to sell a Product. In the event of any conflict between information provided by an AI Feature and the information displayed on the Website, the information on the Website shall control.

Your Representations and Warranties.

By using the Website, you represent and warrant the following: (a) you are at least eighteen (18) years of age; (b) you have the legal ability and authority to enter into these Terms with Rhone; (c) the information you have provided to Rhone is accurate and complete; (d) you will comply with any and all laws applicable to your use of the Website and Services; (e) you will not interfere with a third party’s use and enjoyment of the Website or Services; (f) you will not interfere with or disrupt Rhone’s security measures; (g) if any information you provide to Rhone becomes inaccurate, incomplete, or otherwise false or misleading, you will immediately notify Rhone; and (h) all User Content you post is truthful, accurate, and does not violate any third-party rights or applicable law.

No Endorsements.

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise does not constitute or imply the endorsement or recommendation of such by Rhone. Any views expressed by third parties on the Website are solely the views of the third party, and Rhone assumes no responsibility for the accuracy or veracity of any statement made by a third party.

No Warranties; Disclaimers.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY USE OF OR ACCESS TO THE WEBSITE OR SERVICES IS ENTIRELY VOLUNTARY AND AT YOUR SOLE RISK. RHONE DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ANY CONTENT, PRODUCTS, SERVICES, OR OTHER MATERIALS PROVIDED ON OR THROUGH THE WEBSITE. RHONE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, OR TIMELINESS OF THE WEBSITE OR SERVICES, NOR THAT THEY WILL OPERATE WITHOUT INTERRUPTION, ERROR, CORRUPTION, CYBER ATTACK, OR OTHER ADVERSE INCIDENT. ALL PRODUCTS PURCHASED THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, OR SUPPLIERS. RHONE EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT CLAIMS DUE TO NORMAL WEAR, MISUSE, ABUSE, MODIFICATION, IMPROPER SELECTION, OR NON-COMPLIANCE WITH APPLICABLE CODES. RHONE MAY TEMPORARILY SUSPEND ACCESS TO THE WEBSITE OR SERVICES FOR MAINTENANCE, UPDATES, OR REPAIRS, AND WILL ENDEAVOR TO PROVIDE ADVANCE NOTICE WHERE PRACTICABLE. RHONE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM SUCH SUSPENSION.

Indemnification.

Your Indemnification of Rhone. You agree to defend, indemnify, and hold harmless Rhone and its officers, directors, employees, shareholders, affiliates, agents, contractors, licensors, successors, and assigns (collectively, the “Rhone Parties”) from and against any and all claims, proceedings, actions or demands, losses, liabilities, damages, costs, expenses, and settlements (including without limitation reasonable attorneys’ and accounting fees), arising from or relating to, directly or indirectly, your (i) violation of these Terms; (ii) violation of applicable laws, regulations, or third-party rights; (iii) willful misconduct, fraud, or negligence; (iv) Submissions and User Content, including any claims that your Submissions or User Content infringe or violate any third-party intellectual property, privacy, or other rights; (v) use of or reliance on any Product; and (vi) any claims by third parties arising from information you store, process, or share through the Services. Rhone reserves the right to assume control over the defense of any claim for which we are entitled to indemnification, and you agree to cooperate with Rhone as reasonably requested in such matters. You agree not to settle any matter without the prior written consent of Rhone.

Limitation of Liability

IN NO EVENT SHALL RHONE BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES. THIS INCLUDES ANY INFORMATION OR CONTENT MADE ACCESSIBLE THROUGH THE WEBSITE, ANY PRODUCTS, OR ANY SERVICES RENDERED BY RHONE AND THIRD PARTIES, WHETHER ARISING FROM WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; TO THE EXTENT SUCH LAWS APPLY, THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

EXCEPT FOR AMOUNTS RECOVERABLE UNDER NON-WAIVABLE STATUTES, THE TOTAL LIABILITY OF RHONE ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO RHONE FOR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED DOLLARS ($100). TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE OF THE INCIDENT GIVING RISE TO SUCH CLAIM.

The provisions of these Terms that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms. You agree that the limitations of liabilities set out in these Terms are fair and reasonable in the circumstances.

MUTUAL DISPUTE RESOLUTION USING BINDING ARBITRATION.

Please read the following arbitration section (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Rhone and limits the manner in which you can seek relief from Rhone, including a class action waiver.

Agreement to Arbitrate. You agree that, in the event of any Dispute, such Dispute, including threshold questions of the arbitrability of such Dispute, will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”) and subject to the provisions of this Arbitration Agreement, except as specified herein. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY SUCH SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.

This agreement to arbitrate is mutual: Rhone agrees to arbitrate all Disputes it may have against you on the same terms. This Arbitration Agreement shall survive termination of these Terms.

Acknowledgment. BY USING THE SERVICES OR AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ARBITRATION AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. YOU AND RHONE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

An arbitrator can award, on an individual basis, the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Scope. “Dispute” means any dispute, controversy, or claim arising out of, related to, in connection with, or resulting in any way from your use of the Services, these Terms, the Content, or any aspect of your relationship with Rhone.

Governing Law and Delegation. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitrator shall have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement; and (b) resolve any Dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable.

Class Action and Jury Trial Waiver. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this Arbitration Agreement, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Rhone agree that no Dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in Fairfield County, Connecticut. All other claims shall be arbitrated.

Arbitration Rules and Procedures. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, which are available at www.adr.org. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay AAA filing, administrative, hearing, or other fees and cannot obtain a waiver from AAA, Rhone will pay them for you if you complied with the dispute resolution process set forth herein. In addition, Rhone will reimburse all such AAA filing, administrative, hearing, or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous or you did not comply with the dispute resolution process set forth herein, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the AAA Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including, without limitation, fees for attorneys or expert witnesses.

Location. The seat of arbitration shall be Fairfield County, Connecticut. You may choose to have the arbitration conducted by videoconference, based on written submissions, in person in your hometown area (if you live in the United States), or at another mutually agreed upon location that is reasonably convenient to you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Arbitrator Authority. The arbitration will decide the rights and liabilities, if any, of you and Rhone. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Rhone. The arbitrator shall have no authority to modify these Terms. Provisional Relief. Nothing in this Arbitration Agreement prevents either party from seeking provisional or equitable relief in any court of competent jurisdiction as necessary to preserve the status quo or prevent irreparable harm pending arbitration. Any such court action shall not be deemed a waiver of the right to arbitrate, and upon resolution of the provisional matter, the underlying Dispute shall proceed in arbitration.

Pre-Arbitration Dispute Resolution. Before initiating arbitration or legal proceedings, you and Rhone agree to engage in good-faith efforts to resolve any Dispute. To begin this process, you must send a letter describing the nature of your claim and desired resolution to:

Rhone Apparel, Inc.,

One Dock Street, Floor 5, Stamford, CT 06902

ATTN: Legal Matters

or

Email to: legal@rhone.mom

You and Rhone agree to meet and confer personally, by telephone, or by videoconference (“Conference”) to discuss the Dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. Each party may be represented by counsel in this process. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference by phone, video, or in person to attempt to resolve the Dispute. Likewise, if Rhone is represented by counsel, Rhone’s counsel may participate in the Conference as well, but Rhone agrees to have a company representative fully participate in the Conference. The statute of limitations and any filing fee deadlines shall be tolled during this resolution period. If you and Rhone do not reach agreement to resolve the Dispute within thirty (30) days after initiation of this dispute resolution process, either you or Rhone may commence arbitration or, provided such claims qualify, file an action in small claims court or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement.

Discovery. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.

Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, if Rhone makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to Rhone at:

Rhone Apparel, Inc.,

One Dock Street, Floor 5, Stamford, CT 06902

ATTN: Legal Matters

or

Email to: legal@rhone.mom

If you timely reject a material change to this Arbitration Agreement, then the version of this Arbitration Agreement in effect immediately prior to such change shall continue to govern your relationship with Rhone with respect to any disputes arising between us.

Opt-Out. You may opt out of this Arbitration Agreement within thirty (30) days of first agreeing to these Terms by sending written notice to:

Rhone Apparel, Inc.,

One Dock Street, Floor 5, Stamford, CT 06902

ATTN: Arbitration Opt-Out

or

Email to: legal@rhone.mom

Your notice must include your name, address, email address associated with your account, and a clear statement that you wish to opt out. If you opt out, neither you nor Rhone will be required to arbitrate Disputes, and the remaining provisions of these Terms will remain in effect. Opting out will not affect any other agreements you may have with Rhone.

Mass Arbitration. If twenty-five (25) or more substantially similar arbitration demands are filed by or coordinated by the same counsel or organization, the parties agree that the AAA’s Mass Arbitration Supplementary Rules shall apply. The parties shall cooperate to select a representative sample of claims to be arbitrated first as bellwether cases before the remaining claims proceed. All applicable statutes of limitation shall be tolled for any claims stayed during this process. Filing and administration fees for stayed claims shall not be assessed until those claims are designated to proceed. Nothing in this section prevents any individual claimant not represented by coordinating counsel from proceeding with their own individual arbitration.

Governing Law for Non-Arbitrable Disputes. Except for this Arbitration Agreement, which is governed by the FAA, these Terms and any claims or disputes not subject to arbitration shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Fairfield County, Connecticut.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

Modifications to These Terms; Termination.

The Website undergoes continuous development, and Rhone retains the right to amend or eliminate any portion of these Terms at any time and in our sole discretion. Should these Terms change materially, Rhone will update the effective date noted above, post a notice regarding the updated Terms on the Website, and provide email notice to registered users at the email address associated with their account. Any modifications to these Terms take effect fourteen (14) days after being posted on the Website. Unless specified otherwise, any new content, services, or features incorporated into the Website are bound by these Terms upon their posting on the Website. Your continued use of the Website following the effective date of any such changes to these Terms signifies your acceptance of the modified Terms.

Rhone may, in its sole discretion, terminate or suspend your access to the Services, or any portion thereof, at any time for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Rhone may have available at law. Further, Rhone shall not be liable to you or any third party for any such termination or discontinuation. You may terminate these Terms by ceasing to access and use the Website and Services, and, if applicable, deleting your user account. Upon any termination of these Terms, you must immediately cease use of the Website and Services. To the extent permitted by applicable law, the disclaimers, limitations on liability, indemnification obligations, termination provisions, your warranties, the Arbitration Agreement, and any other provisions that by their nature are intended to survive termination, including any accrued payment obligations and any claims arising prior to termination, shall survive any termination of these Terms.

Force Majeure.

We are not responsible for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, weather, labor disputes, power outages, governmental actions, emergency directives, or third-party system failures.

Waiver.

No delay or omission by Rhone in exercising any right or power under these Terms, or in objecting to any failure of a covenant by you, shall impair such right or power. It shall not be construed as a waiver of any future breach. Any waivers must be in writing and signed by an authorized representative of Rhone.

Entire Agreement.

These Terms, together with the Privacy Notice, represent the entire agreement between you and Rhone concerning access to and use of the Website and Services. They supersede all previous agreements, negotiations, representations, and communications, whether oral or written.

Severability.

If any provision of these Terms (other than the Arbitration Agreement) is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. The arbitration-specific severability provisions in Section 21 shall govern with respect to the Arbitration Agreement.

SMS/MMS/RCS Mobile Messaging Program Terms and Conditions.

Rhone is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Notice (the “Mobile Terms”). By opting in to or participating in any of our Programs, you accept and agree to these Mobile Terms, including your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in Section 21 above. These Mobile Terms are limited to the Program and are not intended to modify the Terms or Rhone’s Privacy Notice.

User Opt In. The Program allows users to receive SMS, MMS, and RCS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, even if your number is listed on a state or federal Do Not Call list. You understand and agree that messages may be sent to you earlier and/or later than the time restrictions set by state or federal law. You understand that consent is not required to make any purchase from us. The foregoing may not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out. To opt out of the Program, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us. You may also reply HELP to any message for assistance. After opting out of the Program, you may receive one (1) confirmatory message.

Duty to Notify and Indemnify. If you intend to stop using the mobile telephone number used to subscribe to the Program (including canceling your service plan or transferring the number), you agree to complete the User Opt Out process before ending use of that number. Your agreement to do so is a material part of these Mobile Terms. If you discontinue use of your mobile telephone number without notifying us, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us or any party assisting in message delivery, as a result of claims brought by individual(s) later assigned that number. This duty survives any cancellation or termination of your participation in our Programs. You shall indemnify, defend, and hold us harmless from any claim or liability resulting from your failure to notify us of a change in the information you have provided, including any claim under the Telephone Consumer Protection Act, 47 U.S.C. Section 227, et seq., or similar laws.

Program Description. Users that opt into the Program can expect to receive messages concerning the marketing and sale of physical products, services, and events.

Cost and Frequency. Message and data rates may apply. The Program involves recurring mobile messages, and additional messages may be sent periodically based on your interaction with us.

Support. For support, text “HELP” to the number you received messages from or email us at service@rhone.mom.

MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Disclaimer of Warranty. The Program is offered on an “as-is” basis and may not be available in all areas or at all times. We are not liable for any delays or failures in receipt of mobile messages. Delivery is subject to effective transmission from your wireless service provider and is outside our control.

Participant Requirements. You must have a wireless device capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all providers carry the necessary service.

Age Restriction. You may not use the Program if you are under eighteen (18) years of age.

Prohibited Content. You agree not to send any prohibited content over the Program, including but not limited to: fraudulent, libelous, defamatory, threatening, harassing, or stalking activity; objectionable content involving profanity, obscenity, violence, bigotry, hatred, or discrimination; viruses, worms, Trojan horses, or other harmful code; unlawful products or promotions; content implicating personal health information protected by HIPAA or HITECH; and any other content prohibited by applicable law.

Miscellaneous. You warrant that you have all necessary rights, power, and authority to agree to these Mobile Terms. If any provision is found unenforceable, it will be limited or eliminated to the minimum extent necessary so that these Mobile Terms remain in full force and effect. We reserve the right to change these Mobile Terms from time to time; updates will be communicated to you, and your continued participation constitutes acceptance of any modifications.

Assignment.

These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Rhone’s prior written consent. Rhone may assign, transfer, or delegate any of its rights and obligations hereunder without your consent to (a) an affiliate, (b) an acquirer of all or substantially all of Rhone’s assets or equity, or (c) a successor by merger or reorganization; provided that any such assignee agrees to be bound by the terms of these Terms.

No Third-Party Beneficiaries.

Except as expressly provided in these Terms, including the indemnification responsibilities in favor of Rhone and the Arbitration Agreement, neither party intends to confer or establish rights equivalent to those of third-party beneficiaries upon any individual, subcontractor, or third party. Except as expressly outlined in these Terms, no third party shall possess the right to enforce any provision or derive any benefit from these Terms.

Accessibility.

Rhone is committed to providing accessible services. If you need an accommodation to use the Services or access materials in an alternative format, please contact service@rhone.mom.

Contact / Notices.

If you have any questions or need to send a notice to Rhone, please use the contact information below: Rhone Apparel, Inc., One Dock Street, Floor 5, Stamford, CT 06902, legal@rhone.mom. Rhone may also provide notices to you via the Website, and you agree that such postings constitute official notice, even if you do not view them directly.

Notice to California Residents.

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The provider of the Services is Rhone Apparel, Inc., located at One Dock Street, Floor 5, Stamford, CT 06902. You may contact us at privacy@rhone.mom. Certain features of the Services may be available without charge, while other features require payment; current pricing is disclosed at the time of purchase and on the Website. If you have a complaint regarding the Services or wish to request further information, you may contact us at the address above. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.