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Last Updated on July 6th, 2023

Welcome to the Honest Company and our Terms of Service. These Terms of Service are important and affect your legal rights, so please read them carefully. We know it is tempting to skip these Terms of Service, but just as we are transparent and thoughtful in the design of our products, so too do we believe it is important to be transparent and thoughtful about what you can expect from us as you use our services, and what we can expect from you. Understanding the Terms of Service is important because, by using our services, you are agreeing to these terms.

These Terms of Service describe your rights and responsibilities when using the Honest Company, Inc. and all of its subsidiaries, successors in interest, and assigns (collectively, “The Honest Company”), and www.honest.com, all related websites, products, services, and related mobile applications (the “Honest Services”), as well as www.alt12.com and all related websites, products, services, and mobile applications, including BabyBump, Pink Pad, Kidfolio and Baby Names (the “Alt12 Services”, together with the Honest Services, the “Site”, "We", or "Us"). For the purposes of the Terms of Service, references to “The Honest Company”, “Alt12 Services”, the “Site”, “We”, and “Us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Service or any prior agreements between us.

These Terms of Service constitute a legal agreement between the Site’s customers (“You”) and the Site. By accessing or using the Site, you agree to be bound by the terms and conditions contained in these Terms of Service and all other operating rules, policies and procedures that we may publish from time to time on the Site, including our Privacy Policy, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Your acceptance of the Terms of Service is indicated by Your continued use of the Site. Please read everything here carefully, and be sure to contact us if You have any questions.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT (Section 21), WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (AS DEFINED BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN A COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF A CLASS ACTION. BY USING THIS SITE YOU WILL BE BOUND TO ARBITRATE ANY DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED BELOW (Section 20.11). BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

1. Eligibility
You agree that by using this Site or registering for membership, you are at least 18 years of age if you are a resident of the United States or otherwise the age of majority in your jurisdiction of residence, or in the case of the Alt12 Services, at least 13 years of age, visiting under the supervision and consent of a parent or guardian, and legally able to enter into a contract. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

2. Modifications
We reserve the right, at our sole discretion, to change or modify portions of the Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date the Terms of Service was last revised. You may read a current, effective copy of the Terms of Service at any time by selecting the “Terms of Service” link on the Site. Your continued use of the Site or services after any such changes constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Terms of Service, do not use or access (or continue to use or access) the Site.

3. Site
We grant you a limited license to access and use the Site for your personal, non-commercial use, and to copy, distribute, transmit and print the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use, or as otherwise set forth below as it relates to the Alt12 Service. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools. In addition, you agree that all products purchased from and orders submitted through the Site are for your personal or household use and not for resale or any other commercial use.

The Honest Company grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print content retrieved from the Alt12 Services only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the content.

Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of The Honest Company. You may not use any meta tags or any other "hidden text" utilizing The Honest Company’s name or trademarks without the express written consent of The Honest Company. Any unauthorized use terminates the permission or license granted by The Honest Company.
We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. 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 prohibited.

4. Restrictions on Use of the Alt12 Services
Your use of the Alt12 Services and the related licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the Alt12 Services:
    •    Taking any action that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);

    •    Accessing, tampering with, or using non-public areas of the Alt12 Services, computer systems, or the technical delivery systems of the Alt12 Services providers; 

    •    Attempting to decipher, decompile, disassemble or reverse engineer, avoid, bypass, remove, deactivate, impair, descramble probe, scan, test, breach or otherwise circumvent any technological or security measure implemented by the Alt12 Services, Alt12 Services providers or any other third party (including another user) to protect or provide the Alt12 Services;

    •    Attempting to access or search the Alt12 Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Alt12 Services through software and/or search agents provided by the Alt12 Services or other generally available third party web browsers;

    •    Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered or deceptive information;

    •    Interfering with, or attempting to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, junk mailing, unauthorized advertising or any form of solicitation via the Alt12 Services;

    •    Collecting or storing any personally identifiable information from the Alt12 Services from other users of the Alt12 Services without their express prior permission;

    •    Impersonating or misrepresenting your affiliation with any person or entity;

    •    Contacting, stalking or harassing anyone through the Alt12 Services who has asked not to be contacted
   
The Honest Company will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security issues, to the fullest extent of the law. The Honest Company may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that The Honest Company has no obligation to monitor your access to or use of the Alt12 Services or to review or edit any content you post or share to the Alt12 Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

5. Using the Alt12 Services
Notwithstanding anything to the contrary contained in these Terms of Service, You agree that if you continue to use the Alt12 Services  after May 4, 2018, you are accepting these  Services on an “AS IS” and “AS AVAILABLE” basis, regardless of anything to the contrary stated anywhere else. The Honest Company, Alt12 Apps and its affiliates disclaim all warranties or conditions of any kind, express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose."

6. Guidelines for Using the Honest Services
Your use of the Honest Services and the related licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines detailed on the Honest Services. We may modify such guidelines in our sole discretion at any time. We reserve the right to terminate your account and access to the Honest Services if it is determined that you have violated any such applicable guidelines.

7. Registration and Membership
To register and become a member of our Site, complete the registration form by providing information such as your valid email address and creating a password to register your profile. You may also login or create an account using Facebook. If at any time you no longer want to access the Site via Facebook, please go to your Facebook permissions in your personal profile and edit your preferences. Facebook is considered a third party site per the definition outlined in this agreement.

Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and The Honest Company has no obligation to investigate the authorization or source of any such access or use of the Site.

As a registered member of the Alt12 Services in the United States, your email address and password can be used to log into the Honest Services.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

At the time of your first order on the Honest Services, we will request your shipping and payment information. Where permitted by applicable law, you agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Service.

To cancel any of your  subscriptions, you can do so online at any time (in your account settings) or call Honest Support at 1.888.862.8818 Monday – Thursday 7:00 am – 3:00 pm PST (PST), Fridays 7:00 am – 3:00 pm PST

As a registered member of the Site, we may send you emails promoting any special offer(s), including third party offers, as well as monthly newsletters, unless you opt-out at any time either in your account settings, by using unsubscribe buttons in emails you receive from us or by emailing us at info@thehonestcompany.com indicating that you would like to unsubscribe from marketing emails.

8. Subscription Process on the Honest Services
You may purchase a subscription offered by The Honest Company, subject to the terms below:

8.1 SUBSCRIPTIONS
If you purchase a Diapers & Wipes Bundle subscription, you will receive a shipment at the frequency you select containing seven (7) packs of diapers and four (4) packs of wipes that you select. You can add on up to eight (8) products to your Diapers & Wipes Bundle order. 

If you purchase a Build Your Own Bundle subscription, you will receive a shipment at the frequency you select and on the items you select from the list of eligible items featured on the Selector Page here. You can select the quantity of the product and the frequency of each shipment and advance or delay the next shipment as you wish.

If you purchase a single-item subscription, you will receive the product at the frequency you select. You may log into your account and customize your subscriptions at any time. For the Diapers & Wipes Bundle subscription, you can select the diaper size and design and the wipes package design and advance or delay the next shipment as you wish.  You will also have the ability to select back up diaper prints in case certain limited edition diaper prints are not available at the time of your shipment. We always do our best to accommodate each member’s print preferences, but prints are subject to availability. We recommend our members update their print preferences, as our orders will be fulfilled based on inventory at the warehouse. 
For single-item subscriptions, you can select the quantity of the product and the frequency of each shipment and advance or delay the next shipment as you wish. 

If you do not update your subscription selections for any given shipment, we will automatically send you the selections from your previous shipment.  

8.2 DIAPER & WIPES BUNDLE SUBSCRIPTION AND SINGLE-ITEM SUBSCRIPTION AUTO-RENEWAL AND CANCELLATION TERMS
IF YOU ARE PLACING AN ORDER AS PART OF ONE OF OUR DIAPERS & WIPES BUNDLES, BUILD YOUR OWN BUNDLE OR SINGLE-ITEM SUBSCRIPTIONS, YOUR MEMBERSHIP IN THE PROGRAM WILL REMAIN IN EFFECT UNTIL IT IS CANCELLED BY YOU OR BY THE HONEST COMPANY. WE RESERVE THE RIGHT TO CANCEL YOUR BUNDLE OR SUBSCRIPTION  AT ANY TIME.

Subscriptions continue until you cancel. We will charge the subscription price plus applicable taxes and shipping & handling to your default payment method when we ship your first  subscription order. You will continue to be charged the subscription price plus applicable taxes and shipping charges at the time of each shipment for all subsequent orders until you choose to cancel. Subscriptions will be shipped at the interval you chose when placing your first subscription order unless you change the shipping frequency of your subscription.

You may cancel your subscription(s) at any time. To cancel your subscription(s), you can do so online at any time (in your account settings) or by calling Honest Support at 1.888.862.8818 Monday – Thursday 7:00 am – 3:00 pm PST (PST), Fridays 7:00 am – 3:00 pm PST. Please note subscriptions cannot be cancelled via email, Facebook or other forms of social media. No refunds given after products are shipped.

9. Billing and Payments on the Honest Services
We accept the following bank or credit cards: Visa, MasterCard, American Express, Discover and PayPal. For your convenience, we will save your bank or credit card information.

You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal service notification. We will replace products and credit your account at our discretion.

All Canadian sales occur in the US. The risk of loss and title for items purchased by Canadian customers passes to you upon our delivery of the items to the carrier, which occurs in the US. The carrier acts on behalf of the Canadian customer to deliver the purchased items into Canada. Canadian customers are responsible for all applicable sales, retail, commodities, goods and services, harmonized, excise, VAT, indirect taxes and like taxes, fuel surcharges and all other taxes, duties, customs, levies, fees, charges, retributions, import and export taxes and charges, liabilities and/or other rights assessed or levied or to be assessed or levied in the future by any competent public, government, legal, taxation, customs agency, department or other federal, provincial, state, municipal or local authority.

10. Returns

Returns are accepted within 90 days of your order date for orders placed on Honest.com and shipping within the contiguous United States. After we receive your returned items, we will process your refund onto your original form of payment. Original shipping and handling fees and "Duties & Taxes Reimbursements" will not be refunded. Please allow 5-10 business days from receipt of your returned item(s) for your refund to post. Please note that all sales to Canada, Hawaii, Alaska and APO/FPO addresses are final. For more information on returns, refunds and exchanges, please review the policies below. If you would like to exchange or return a product, please contact Honest Support at 1.888.862.8818. For more information on returns please go to our Return Policy page. 

11. Warranty Disclaimer
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE HONEST COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE HONEST COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE HONEST COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER NEW JERSEY LAW.

12. Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE HONEST COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF THE HONEST COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER NEW JERSEY LAW.

13. Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.

14. Copyright
The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, photographs, audio and video clips, digital downloads, data compilation or code is copyrighted under the United States, Canada and other copyright laws, and is the property of The Honest Company and protected by copyright and other intellectual property or proprietary rights. The work includes works that are licensed to The Honest Company. © 2011-2020 The Honest Company, Inc. All rights reserved.

15. Trademarks
All trademarks, service marks and trade names of The Honest Company on the Site are trademarks or registered trademarks of The Honest Company or their respective owners. Our trademarks may not be used in any manner for any purpose without our express written consent.

16. Indemnification
You agree to indemnify, defend and hold harmless The Honest Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your identification or password.

17. Privacy
Registration data and other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site may involve (a) transmission of your personal data over various networks; and (b) changes to your personal information in order to conform and adapt to technical requirements of connecting networks or devices. For more information, see our Privacy Policy at www.honest.com/privacy-policy.html

18. Third-Party Links and Sites
This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of The Honest Company. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

19. Submissions

19.1 UNSOLICITED SUBMISSIONS
We welcome your feedback and comments regarding our products and services. However, we cannot accept or consider creative ideas, suggestions or materials, and we ask that you not submit any creative ideas, suggestions or materials of any kind to us. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by The Honest Company’s professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you not send us any original creative ideas, suggestions or materials of any kind, including show designs, photographs, drawings or original artwork. If you send us creative ideas, suggestions or materials of any kind despite our request not to do so (an "unsolicited submission"), you acknowledge and agree that we may treat the unsolicited submission to be non-confidential and non-proprietary in each instance and in all respects.  All unsolicited submissions made by you shall be the sole property of The Honest Company and will not be acknowledged or returned.

19.2 REQUESTED SUBMISSIONS
From time to time, we may solicit creative ideas, suggestions or materials from users of our Site. If you at any time send, provide us with or post creative ideas, suggestions or any other materials in response to our request (each, a "requested submission"), you acknowledge and agree that we may treat the requested submission as non-confidential and non-proprietary in each instance and in all respects.

19.3 SHARED SUBMISSIONS
Submissions may also be provided in the form of opinions and views posted to community pages, chat rooms, blogs, bulletin boards, or discussion forums by persons who use (“User”) the Site (“shared submission”, together with unsolicited submission and requested submission, “submissions”).  You are responsible for all submissions you provide to the Site, and you represent that you have all necessary permission to submit, post and otherwise make available such submissions. The Honest Company makes no claims to ownership of shared submissions and you shall continue to retain all ownership rights in your shared submissions and the right to use your shared submissions as you see fit.

19.4 OTHER RIGHTS AND GUIDELINES REGARDING YOUR SUBMISSIONS
You agree that we have no obligation of confidence to you with respect to any submission and we shall not be liable to you in any way for any use or disclosure of any submission. We may use any submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, personalization, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas.

You hereby irrevocably grant to us the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy.

You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to make a submission does not place us in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that we have broad access to ideas, products designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own employees. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your submission. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials.

You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any submission you make, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

While The Honest Company strives to keep our content accurate, complete, and up-to-date, we cannot and do not guarantee or endorse, and are not responsible for the accuracy, completeness, reliability or timeliness of any content, whether provided by The Honest Company or by Users.  Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of The Honest Company. The Honest Company does not have any obligation to prescreen, edit, or remove any submissions provided by Users that are posted on or available through the Site.

20. Notice Regarding Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR OTHER PROFESSIONAL SERVICES OR ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Our Commitment to Accessibility
The Honest Company is committed to diversity, inclusion and accessibility, for more details please visit our Web Accessibility page.

21. ARBITRATION
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Here at the Honest Company, we are committed to customer satisfaction. Part of that commitment is in ensuring in a fair, effective and cost-efficient manner. Most of the time that you have a concern, that concern can be resolved quickly and to your satisfaction if you will first give us an opportunity to resolve your problem or dispute.

Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to Us including, but not limited to, information or representations related to our products and upon which you rely. You may seek to resolve any customer concerns through our Honest Support services at 1.888.862.8818 or send the written description by U.S. Mail to 12130 Millennium Drive, Suite 500, Los Angeles, California 90094; Attn: General Counsel. You agree to negotiate with Us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, You agree to the dispute resolution provisions below.

These Terms of Service provide that disputes may be resolved in binding arbitration or small claims court. Our arbitration agreement for U.S. disputes, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible.

21.1 Arbitration Agreement: United States Only
By agreeing to the Terms of Service, You agree that You are required to resolve any claim that You may have against the Site on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude You from bringing any class, collective, or representative action against the Site, and also preclude You from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Site by someone else. You and the Site agree that any dispute or claim relating in any way to your use of the Site, to your purchase or use of any the Site’s product, or to your participation in the membership program, will be resolved by binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. This includes, but is not limited to, any dispute, claims, or controversy arising out of or relating to any part of the Terms of Service, or the existence, breach, termination, enforcement, interpretation or validity thereof; or (b) your access to or use of the Site’s services or products at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in the county of your billing address (or such other location as You and the Site mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this agreement.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms of Service are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms of Service as a court would.

No Class Actions: You and the Site each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and the Site agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Notwithstanding the foregoing, either party may bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright rights, trademarks, trade secrets, patents or other intellectual property rights.

21.2 Rules and Governing Law
The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms of Service.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California, without regard to its conflict of laws provisions.

21.3 Arbitration Process
You can begin the arbitration by submitting a Demand for Arbitration, which is a statement containing basic information about the dispute: (a) the names, addresses and phone numbers of the parties involved (you and The Honest Company, in most cases); (b) a description of the dispute; (c) and a short statement of the relief you are seeking. The AAA provides a Demand for Arbitration form on its website. Or you may contact the AAA at 800-778-7879.

Complete the Demand for Arbitration and make at least four (4) copies. Keep one copy for your records. Send one copy to Us by certified mail at General Counsel, Notice of Dispute, The Honest Company, 12130 Millennium Drive, Suite 500 Los Angeles, CA 90094 ("Notice Address").

Send the final two copies of the Demand for Arbitration to the AAA. Please be sure to include (1) a copy of the Site’s arbitration provision (you may obtain a copy from our website); and (2) the appropriate JAMS filing fee. We’ll promptly reimburse you this amount when we receive a copy of your Demand for Arbitration if your claims are for less than $75,000. If you’re unable to pay the AAA filing fee, please inform us by writing a letter to the above address and we’ll arrange to pay it directly if your claims are for less than $75,000. The filing fee is currently $200, but the AAA may change the amount of the fee. You may obtain the amount of the fee by consulting the AAA’s rules. Those rules may be obtained by visiting the Consumer section on AAA’s website, or by calling the AAA at 800.778.7879.

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing.

21.4 Arbitrator’s Decision
Within 14 days from the conclusion of the in-person or telephone hearing or from the submission of all written evidence to the arbitrator, the arbitrator will render a written decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An arbitrator’s decision shall be final and binding on all parties.

You and We agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by or on behalf of any other person or entity in any later arbitration, litigation, or proceeding of any dispute or claim involving The Honest Company. You and we agree that in any arbitration of a dispute or claim, neither of us will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.

21.5 Alternative Payment
If, after finding in your favor in any respect on the merits of your claim, the Arbitrator issues you an award that is greater than the value of The Honest Company’s last written settlement offer made before an arbitrator was selected, then we will:
    •    pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater; and
    •    pay your attorney, if any, the amount of reasonable attorneys' fees, and reimburse any expenses (including reasonable expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing and pursuing your claim in arbitration (the "attorneys’ fees”).
If We didn't make a written offer to settle the dispute, You will be entitled to receive this alternative payment if the arbitrator awards You any relief at all on the merits.

21.6 Attorney’s Fees
Even if you are not entitled to this alternative payment We will reimburse You for your reasonable attorneys' fees and expenses if it is required to do so under applicable law. And, We won't attempt to collect from You the attorneys' fees We incur in arbitration even when permitted to do so under applicable law, except as permitted in the event of a frivolous case.

21.7 Arbitration Costs in Frivolous Cases
Except as otherwise provided for herein, we will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. For frivolous cases in which your demand is $10,000 or less, your share of the costs is currently limited to $200, though the AAA may change that amount.

21.8 Arbitration Costs for Claims Exceeding $75,000
In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

21.9 Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

21.10 Arbitration Agreement: Canada
In Canada, if a dispute is not resolved through our Honest Support Services, the parties involved in the dispute may agree to resolve the dispute using final and binding arbitration. If the parties elect to use arbitration, claims shall be referred to the ADR Institute of Canada. For a copy of the procedure to file a claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.

21.11 Opt-Out Procedure Applicable To All Consumers
You can decline this agreement to arbitrate by emailing Us at legal@honest.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms of Service; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Service. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept these Terms of Service.

21.12 Severability, survival and waiver
If any portion of the Terms of Service are found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

The failure of The Honest Company to assert a right under these Terms of Service or insist upon compliance with any term or condition of these terms shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by You.

22. Termination
These Terms of Service are applicable to you upon your accessing this Site. The provisions relating to Copyrights, Trademark, Warranty, Disclaimer, Limitation of Liability, Privacy, Submissions, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms of Service.

23. Gift Card Terms & Conditions for The Honest Services

23.1 Overall Policies
Honest gift cards and their use on Honest.com are subject to The Honest Company’s Terms of Service and Privacy Policy.

23.2 Purchase
Gift cards are available in any denomination between $10.00-$1000.00 USD. The amount of the gift card that you purchase will be charged to your bank or credit card upon your confirmation and submission of the order.

23.3 Redemption
To make a purchase with an Honest gift card, the gift card holder must visit www.honest.com to redeem the gift card toward the purchase of eligible products from The Honest Company. Each purchase amount will be deducted from the gift card total credit balance until that balance equals zero. If an order exceeds the amount of total available credit on the gift card, the remaining balance must be paid with another form of payment.

23.4 Expiration
Your Honest gift cards have no expiration date.

23.5 Limitations
Gift cards cannot be used to purchase other Honest gift cards and they cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, unless otherwise required by law.

23.6 Refunds
Gift card purchases cannot be refunded. Purchases of items from Honest.com can be returned pursuant to our return policies set forth in this policy and elsewhere.

23.7 Risk of Loss
We are not responsible if a gift card is misplaced, lost, stolen, destroyed or used without your permission, and we have no obligation to replace a gift card under such circumstances.

23.8 Fraud
The Honest Company reserves the right to close member accounts and request alternative forms of payment if a fraudulently obtained gift card is redeemed and/or used to make purchases on the Honest.com website or mobile application.

23.9 Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE HONEST COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER NEW JERSEY LAW.

23.10 Contact Information
For questions about Honest gift cards, please contact Honest Support at 1.888.862.8818 Monday – Friday 7:00 am – 3:00 pm PST (PST)
 

24. Honest Rewards Program

Last Updated 7/6/2023

24.1 Introduction

The Honest Rewards Program (the “Program”) is a U.S.-based loyalty program offered at the sole discretion of The Honest Company, Inc. (“Honest,” “we,” or “us”) and these Loyalty Program Terms and Conditions (the “Terms”) as well as the Terms of Service and Privacy Policy govern your participation in the Program. By participating in the Program, you agree to be bound by these Terms as well as the Terms of Service, and you confirm that you have reviewed and understand our Privacy Policy and Notice of Financial Incentive.

We have the right to change or modify the Terms, or to terminate or pause the Program for you at any time, for any reason, without prior notice, even though such changes may affect the value of Points already accumulated, the ability to earn Points, the benefits conferred, the value of the rewards and/or the time for redemption. If we change the Terms, we will give you notice by posting the new terms and conditions here. Those changes will go into effect on the “Last Updated” date shown in the revised Terms. Your continued participation in the Program after changes have been made to the Terms constitutes your acceptance of the revised Terms then in effect. You agree that you will review these Terms periodically and that you shall be bound by these Terms and any modifications to them.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (AS DEFINED BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN A COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF A CLASS ACTION. BY USING THIS SITE OR JOINING THE PROGRAM, YOU WILL BE BOUND TO ARBITRATE ANY DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED IN OUR TERMS OF SERVICE (Section 20.11). BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

24.2 Eligibility

To participate in the Program, you must (a) be at least 18 years old, (b) be a legal resident of the United States, (c) place your orders in the United States, and (d) ship your orders to an address within the United States. Officers, directors, and employees of Honest and its respective parents, subsidiaries, and affiliates are not eligible to participate in the Program. No corporations, businesses, organizations, or other groups are eligible to participate. By enrolling and participating in the Program, you represent that you meet these eligibility requirements.

24.3 Joining the Program

If you meet the eligibility criteria above, you may join the Program by contacting the Honest customer service team at https://www.honest.com/contact. No purchase is required to join the Program. You must provide and maintain true, accurate, current and complete information about yourself.

24.4 Earning Points

As a member of the Program, you will earn Honest Loyalty Program points (“Points”) for purchases that you make on Honest.com, including regular and sale priced merchandise, while you are logged into your registered account. Dollars spent on gift cards, tax and shipping are not eligible to earn Points. Purchases made with a gift card or with Points as the form of payment are not eligible to earn Points. If a member returns purchased items and is refunded, the Points earned by those returned and refunded items will be deducted from the member’s Point total, including future Points. Members are not permitted to merge their registered accounts or transfer Points between or among accounts.

In addition to earning Points for purchases, members can also earn Points for interactions with us. These include but are not limited to the following:

• Birthday Bonus: On the member’s birthday as listed on their registered account, the member will receive 50 Points each year on the day of their birthday. This can only be done once a year to receive this benefit.
• Instagram: If a member connects with Honest on Instagram, then the member can earn an additional 50 Points. This can only be done once to receive this benefit. Once connected, the member can earn 10 points up to 2X per month for using hashtags.
• Write a review: Each time a member writes a review of an Honest® product purchased on Honest.com while logged into their account, the member will earn an additional 50 points. This can done up to four times a month.

From time to time Honest, in its sole discretion, may change, discontinue, or add interactions by which members can earn Points and the number of Points earned, with or without prior notification to members.

Members must be logged into their Honest.com account to receive eligible Points for their actions. Honest reserves the right to retrospectively credit Points for interactions where a member was not logged in, provided sufficient proof is provided.

Existing Honest.com account holders can start earning Points as soon as the Program is launched. New members will earn Points from the date they create a Honest.com account. No prior transactions or interactions will be eligible for Points. Please allow approximately one week from the date your order shipped for Points to be credited to your account. You may earn up to 2000 Points a month.

24.5 Expiration of Points

All Points earned by members are valid for 365 days from the date they are credited to your account and will expire at the end of this period on a rolling basis unless Honest explicitly states otherwise or required by law. Points are not transferrable, have no cash value, and cannot be exchanged for cash. Should you decide to quit the Program, delete your registered account or exercise a right to opt out under Honest’s Privacy Policy, you will no longer be able to participate in the Program and will lose all Points and associated benefits from the Program.

24.6 Program Tiers

The Program has four tiers: Natural Newbie, Eco Enthusiast, Conscious Champion and Honest Hero. Members can progress through these tiers and receive accompanying benefits by spending the minimum dollar amount necessary for each tier (the “Minimum Spend”) while logged in to the member’s registered account, as follows:

• Natural Newbie: Member spends $0-$99 within 365 days. Such members earn 1 point for every $1 spent. No purchase is required to be part of this tier.
• Eco Enthusiast: Member spends $100-$349 within 365 days. Such members earn 1.25 points for every $1 spent after $100. As an added benefit, members in this tier receive free standard shipping in the continental U.S. only (excluding P.O. Boxes).
• Conscious Champion: Member spends $350-$749 within 365 days. Such members earn 1.5 points for every $1 spent after $350. As an added benefit, members in this tier receive free standard shipping in the continental U.S. only (excluding P.O. Boxes). In addition, members will receive a one-time 300 point bonus upon reaching the Conscious Champion tier, which can be earned a maximum of once a year.
• Honest Hero: Member spends $750+ within 365 days. Such members earn 1.75 points for every $1 spent after $750. As an added benefit, members in this tier receive free standard shipping in the continental U.S. only (excluding P.O. Boxes). In addition, members will receive a one-time 400 point bonus upon reaching the Honest Hero tier, which can be earned a maximum of once a year.

Members who have an active Diapers+Wipes subscription or Build Your Own Bundle subscription will automatically be placed in the 2nd tier (Natural Newbie). Should the member cancel their subscription, they will then be placed into the tier that corresponds to their accrued spend at that time. To have an active Diapers+Wipes subscription or Build Your Own Bundle subscription the member’s account must have been charged for a subscription within the prior 35 days.

The Minimum Spend for each tier excludes dollars spent on tax and shipping. Members will be downgraded to a lower tier if the member has not satisfied the Minimum Spend required for the higher tier in the last 365 days. Members will be downgraded to a lower tier if the member returns an order or products and the Points earned from that order or products decreases the member’s dollar amount spent in the last 365 days below the Minimum Spend required for the higher tier.

All benefits are subject to change, discontinuance, limitations, and substitutions by Honest at its discretion and at any time without notice.

24.7 Redeeming Points for Account Credit

In order to redeem Points, a member must be logged into their Honest.com account, and already have made at least $20 in purchases through the member’s Honest.com account prior to redeeming any points. At checkout, a member’s available Points will be displayed and the member may elect to redeem Points. If a member elects to redeem Points, the applicable Points will be converted into account credit, which will expire one year from the date that the member redeems such Points for such account credit. The value of the account credit may be deducted from the total price of the Member’s purchase. Members may redeem Points for account credit as follows:

Points may not be converted to or exchanged for cash. Points that were redeemed for account credit may be credited back to the member’s account in the event that the member returns the merchandise that was purchased using such account credit.

24.8 Use of Account

Members are responsible for maintaining the confidentiality of their account and password, and are fully responsible for any and all activities that occur under their account or password or any other breach of security.

The Program is for members’ personal use only. Any commercial use is prohibited. The transfer, sale, or barter (or the attempted transfer, sale, or barter) of Points or corresponding benefits, and any misrepresentation of fact relating thereto, may result in cancellation of the member’s account and participation in the Program, including cancellation of any unused Points or benefits in Honest’s sole discretion.

24.9 Privacy and Consent to Marketing

The information you provide as a member of the Program will be managed by Honest as described in our Privacy Policy. By becoming a member of the Program, you consent to receive marketing communications from Honest. You may unsubscribe from marketing communications at any time. For information about how to do so, please visit our Privacy Policy. By unsubscribing from marketing communications, the unsubscribed Program member will no longer receive marketing communications related to the Program.

Financial Incentives

Honest’s Notice of Financial Incentive can be found here.

24.10 Termination, Expiration, Changes to the Program

You may cancel your Program membership at any time by logging into your Honest.com account, navigating to My Account, Loyalty Program, and selecting the option to opt-out. We may cancel your Program membership at any time in our reasonable discretion, including, but not limited to, if we determine that you (a) are ineligible, (b) have not used your account for an extended period of time, (c) violated any term or condition of the Program or its Terms, or Honest’s Website’s Terms of Service or any applicable law or regulation, or (d) engaged in any deception, forgery, fraud, or committed any other abuse of the Program. We may revoke some or all of your Points or benefits if we determine that you received them in error, due to fraud or deception, or in any manner not authorized.

If you or Honest cancels your membership, you will lose your accumulated Points. If you cancel your membership, you may rejoin the Program. When re-joining the Program, previously earned points will not carry over to your new membership.

In all matters relating to the administration of the Program, the decisions of Honest will be final. Honest reserves the right to change or cancel any aspect of the Program at any time. If we change these Terms, we will give you notice by posting the revised Terms here. The changes will take effect on the “Last Updated” date shown in the Terms. By continuing to participate in the Program, you are agreeing to the revised Terms.

24.11 TERMS OF USE AGREEMENT

These Terms are in addition to our Terms of Service and shall be read together as one and the same instrument; provided, that if there is a conflict between any terms set forth in these Terms and Terms of Services, these Terms and Conditions will govern. For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to these Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in our Terms of Service. THE LIMITATION OF LIABILITY, CLASS ACTION WAIVER, AND ARBITRATION PROVISIONS DETAILED IN THE TERMS OF SERVICE GOVERN THESE TERMS.

24.12 Privacy.

The information we collect is used in accordance with these terms and as is outlined in our Privacy Policy, located here.

24.13 ADDITIONAL TERMS

Points may be subject to federal, state, or other taxes and such taxes are the sole responsibility of the respective member.

The Program is for the United States only. The laws of the State of California apply to the Program and these Terms without regard to any conflict of law rules that may require the application of the laws of another jurisdiction. If in any particular state the Program has to apply for any special license, bonding, permit or other governmental regulatory approval, the Program will be void in that particular state.

Participation in the Program is void if prohibited by law in the jurisdiction in which the prospective member resides.

24.14 QUESTIONS?

If you have any questions about the Program, please contact Honest Support at 1.888.862.8818 Monday – Friday 7:00 am – 3:00 pm PST (PST).

PLEASE MAINTAIN A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK HERE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.

From time to time, The Honest Company, Inc. (“Honest”, “we”, “us”) may offer a variety of financial incentives, discounts, or other programs such as our loyalty program in which we receive your personal information.

24.15 Material Terms of Incentive

Through a variety of discount, loyalty, and financial incentive programs, we provide you with price discounts, services, and other financial incentives in exchange for your personal information, such as your name, email address, telephone number, purchase history, and other pieces of personal information disclosed at the point of collection. We may use the information that you provide through these financial incentive programs to carry out the program offer, including out loyalty program, and for other internal purposes.

24.16 How the Incentive Is Reasonably Related to the Personal Information Provided

Our financial incentive programs are, from time to time, based on you providing certain pieces of your personal information. We value your personal information in relation to the financial incentive being offered based upon our reasonable but sole determination of the estimated value of the personal information you provide when you sign up for our program, taking into account, without limitation, estimates regarding the anticipated revenue generated from such information, the anticipated expenses which might be incurred in the collection, storage, and use of such information in the operation of our business, and other relevant factors related to the estimated value of such information to our business, as permitted under applicable law.

24.17 Opt-In

By providing your personal information when signing-up for one of our programs, you are affirmatively opting-in to our financial incentive program. If you wish to opt-out of the program, do not submit the personal information and do not sign-up for our incentive programs. You may also contact us below.

24.18 Right to Withdraw

If you wish to withdraw from our financial incentive programs, you may submit such a request by sending an e-mail to support@honest.com and we will use commercially reasonable efforts to honor your request.

If you would like information about how personal information is managed, please review our privacy policy.