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Terms of Services

Last Updated: August 7, 2025


IMPORTANT: THESE TERMS & CONDITIONS OF SERVICE AND SALE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 15 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND PLEASING ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND, EXCEPT AS EXPRESSLY SET FORTH IN SECTION 15 HEREIN. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

OVERVIEW

These terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (these “Terms of Service”) govern your access to and use of the http://www.pleasing.com website as well as any other media form, media channel, mobile website or mobile application, related, linked, or otherwise connected thereto (collectively, the “Site”), including any of our content, programs, services, features, activities and products (collectively, the “Services”).  The Site is operated by The Pleasing Company LP, doing business as Pleasing (“Pleasing”, “we”, “our” or “us”). Throughout the Site, the terms “we”, “us” and “our” refer to Pleasing.  You agree that by accessing the Site, purchasing something from us, or otherwise using the Services, you agree to be bound by these Terms of Service. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the Site shall also be subject to the Terms of Service. 

We reserve the right to update, change or replace any part of these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to check this page periodically for changes. You can review the most current version of the Terms of Service at any time on this page.  You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - USER REPRESENTATIONS

Users must be at least 13 years of age to access, use, or register for the Site. If you purchase any goods or services from us, you warrant and represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site.

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site, Services or products for any illegal or unauthorized purpose; and (5) your use of the Site, Services and products will not violate any applicable law or regulation (including but not limited to copyright laws).

SECTION 2 - INTELLECTUAL PROPERTY

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site for your personal, non-commercial use. The foregoing license grant does NOT include the right for you to: (1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network, or broadcast or other media; (2) market, sell, or make commercial use of the Site or any Content therein; (3) systematically collect or use any Content or data from the Site, including but not limited to use of data spiders, robots, or comparable data gathering, mining or extraction methods; (4) make derivative use of the Site or any Content therein; or (5) use, frame, or utilize framing techniques to enclose any portion of the Site (including the images, text, or layout/design appearing within the Services). We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

SECTION 3 - ACCURACY OF INFORMATION; INTERRUPTIONS

We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.

The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or Service will be the price in effect at the time the order is placed. We reserve the right at any time to modify or discontinue the Site and Services (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site and Services.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

Products or services sold through the Site are sold subject to these Terms of Services, including the disclaimers set forth in Section 12 below, and are also subject to return or exchange only according to our Refund Policy[https://pleasing.com/pages/refund-policy].  Certain products or services may be available exclusively online through the Site or may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, in our sole and absolute discretion, to (1) limit the sales of our products or Services to any person, geographic region or jurisdiction, (2) limit or cancel quantities of any products or services that we offer per person, per household or per order, (3) limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, and (4) refuse any order you place with us. We may exercise these rights on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - THIRD-PARTY LINKS, TOOLS AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. Comments may be viewable by other users of the Site and through third-party websites. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

By posting or making available your Comments to us or any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Comments (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Comments, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Comments; (2) to re-categorize any Comments to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Comments at any time and for any reason, without notice. We have no obligation to monitor your Comments. 

When you create or make available any Comments, you thereby represent and warrant that (1) the creation, distribution, transmission, public display, or performance, and the accessing, downloading or copying of your Comments do not and will not violate or infringe any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, (2) your Comments do not and will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website, (3) you are not using a false e-mail address, pretending to be someone other than yourself, or otherwise misleading us or third-parties as to the origin of any comments, and (4) your Comments are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted or made available by you or any third-party.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy[https://pleasing.com/pages/privacy-policy], which is incorporated herein by reference.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Site or Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or Services is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or Services, should be taken to indicate that all information on the Site or Services has been modified or updated.

SECTION 11 - PROHIBITED USES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Services, other websites, or the Internet; (8) to collect or track the personal information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of the Site, Services, other websites, or the Internet. We reserve the right to terminate your use of the Site or Services for violating any of the prohibited uses.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THIS SITE, ITS CONTENT, AND ANY GOODS OR SERVICES EXCHANGED, PURCHASED, SOLD OR OBTAINED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU AGREE THAT YOUR USE OF THE SITE AND OUR PRODUCTS AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO CASE SHALL PLEASING, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE, SERVICES OR ANY PRODUCTS PROCURED USING THE SITE OR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Pleasing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any loss, damage, liability claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, or (2) your violation of any law or the rights of a third-party, (3) your Comments, or (4) your use of the Site.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - DISPUTE RESOLUTION – ARBITRATION AGREEMENT

PLEASE READ THIS DISPUTE RESOLUTION – ARBITRATION AGREEMENT SECTION

CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING

YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  1. Binding Arbitration Agreement and Jury Waiver. BOTH YOU AND PLEASING AGREE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, OR THE SERVICES BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR WE MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN LOS ANGELES, CALIFORNIA, NECESSARY TO PROTECT THE RIGHTS OR THE PROPERTY OF YOU OR THE COMPANY (OR ITS AGENTS, SUPPLIERS, AND SUBCONTRACTORS), PENDING THE COMPLETION OF ARBITRATION. EACH PARTY HERETO EXPLICITLY WAIVES THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE OR CONTROVERSY ARISING OUT OF THESE TERMS.

  2. Class Action Waiver. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15, YOU AND PLEASING AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND THAT EACH IS GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION AND THAT YOU AND WE EACH WAIVE THE RIGHT TO HAVE ANY DISPUTE(S) BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED AS A CLASSARBIRATION, CLASS ACTION, MASS ACTION, OR COLLECTIVE ACTION. This subsection may be referred to herein as the “Class Action Waiver.”

  3. Nothing in these Terms precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against Pleasing for you.

  4. Small Claims Court; Infringement. You or Pleasing may assert claims, if they qualify, in small claims court in Los Angeles, California, or in small claims court in any United States county where you live or work. Furthermore, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. 

  5. Informal Dispute Resolution. If either you or we intend to arbitrate any Dispute(s), the party seeking arbitration must first notify the other party of the Dispute(s) in writing at least 60 days in advance of initiating the arbitration. Notice to Pleasing must be sent by first-class mail, FedEx, or UPS to: PO Box 24816, Los Angeles, CA 90024. Notice to you will be to your email address(es) and street address(es), if any, that we have in our records at the time the notice is sent. A notice is only valid if it pertains to, and is on behalf of, a single individual. A notice provided or brought on behalf of multiple individuals is invalid as to all. The notice must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the notice certifies the following: (i) the notice is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the notice are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any Dispute(s) stated in the notice that are subject to arbitration pursuant to this Section 15. After receipt of the notice, you and Pleasing agree to personally meet and confer, via telephone or video conference, to attempt to resolve the Dispute(s). If you are represented by counsel, your counsel may participate in the conference, but you shall also personally attend the conference, unless Pleasing states in writing that you are not required to personally attend. If you and Pleasing are unable to resolve the Dispute(s) within 60 days, either party may then proceed to file a claim for arbitration in accordance with the Dispute Resolution provisions below. The aforementioned Informal Dispute Resolution process, including the written description and your personal participation in the meet and confer, is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. You and Pleasing agree that any relevant limitation periods and filing fees or other deadlines will be tolled while the parties engage in this Informal Dispute Resolution process. You further agree that whether a complaining party has satisfied these Informal Dispute Resolution procedures, including whether the written description contained all required information, is an issue that can be decided by a court as a prerequisite for arbitration.

  6. Dispute Resolution.

    1. The Federal Arbitration Act applies to these Terms. A party seeking arbitration of any dispute or claim subject to this Section 15 shall submit a demand for arbitration to the American Arbitration Association (“AAA”). The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms and excluding any rules or procedures governing or permitting class or representative actions. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.

    2. The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in- person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of Pleasing shall attend all arbitrator calls, conferences, and hearings.

    3. If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.

    4. The arbitrator will follow these Terms and the law. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.

    5. If the amount in controversy does not exceed $10,000 and neither party seeks injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Pleasing submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing.

    6. You or Pleasing may file such dispositive motions with the arbitrator as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.

    7.  Process for Arbitration of Bellweather Demands. If more than twenty-five (25) demands for arbitration of a dispute or claim are initiated (i) that involve questions of law or fact common with your Dispute(s) and (ii) where the initiating parties are represented by the same law firm(s) or organization(s) or the demands are presented by or with the assistance or coordination of the same law firm(s) or organization(s), then such demands, including yours, shall be coordinated pursuant to this paragraph. The group of claimants and group of respondents shall each select five (5) demands, for a total of ten (10), to be filed with AAA (collectively the “Bellwether Demands”). Each of the Bellwether Demands shall be assigned to a different arbitrator chosen from its national roster. While the Bellwether Demands are adjudicated, no other demand for arbitration that is subject to this section may be filed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non- Bellwether Demand(s) with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance. You agree to cooperate in good faith with Pleasing and AAA to implement the Bellwether Demands approach, including the payment of combined reduced fees, set by AAA in its discretion. Any party may request that AAA appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as whether the Bellwether Demands process is applicable or enforceable. In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s costs shall be paid by Pleasing, unless the Administrative Arbitrator determines that the party seeking a decision by the Administrative Arbitrator did so by raising issues that were frivolous, asserted in bad faith, or pursued for purposes of harassment, in which case the losing party shall pay all costs associated with the Administrative Arbitrator’s decision.The results of the Bellwether Demands will be given to a mediator from AAA selected from an initially proposed group of 5 mediators, with Pleasing and the non-Bellwether Demands claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands. After the results are provided to the mediator, Pleasing, the mediator and the remaining claimants will have 60 days (the “Mediation Period”) to agree on a resolution. If the Mediation Period expires without a resolution or other agreement to the substantive methodology for resolving the outstanding demands (or if the Bellweather Demands process is determined by the arbitrator or court of competent jurisdiction to be void or unenforceable), either Pleasing or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period (or within 60 days of a determination the Bellweather Demands process is void or unenforceable). If neither Pleasing nor the remaining claimants opt out, the arbitrations may proceed as individual arbitrations.

    8. No arbitration award or decision shall have any preclusive effect in other arbitrations or other litigation, except to preclude the same or similar claims from being re-litigated between the same parties.

    9. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay the portion of any AAA filing fees, administrative fees, and arbitrator fees in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost- prohibitive compared to the costs of litigation, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith or for purposes of harassment, in which case such filing fees, administrative fees, and arbitrator fees may be imposed upon you consistent with the applicable AAA rules. Unless otherwise expressly stated in this Section 15 or otherwise provided by the arbitration rules and/or applicable law, each party is responsible for its own attorney’s fees.

    10. Severability. If any part of this Section 15 is found by a court of competent jurisdiction to be unenforceable or invalid, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s), unless this Section 15 otherwise expressly permits the Dispute(s) to be brought in court. However, if for any reason (i) any Dispute(s) subject to Section 15 of these Terms are filed or submitted as a class arbitration, class action, collective action, or representative action and (ii) if the Class Action Waiver is held invalid or unenforceable as to such Dispute(s) or portion thereof, then the agreement to arbitrate contained in Section 15 of these Terms does not apply to the Dispute(s) or portion thereof and such Dispute(s) or portion thereof must be brought in a federal or state court located in, respectively, Los Angeles, California, or the federal district in which that county falls, but the remainder of the agreement to arbitrate will be binding and enforceable.

    11. 30-Day Right to Opt Out. You have the right to opt out and not be bound by Section 15 of these Terms by sending written notice of your decision to opt out to info@pleasing.com with the subject line, “ARBITRATION OPT-OUT” from the email address associated with your individual Pleasing account. An opt-out notice that purports to opt out multiple parties will be invalid as to all such parties. The notice must be sent on an individual basis within thirty (30) days of (a) August, 7, 2025; or (b) your first use of the Service, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with Section 15 of these Terms. If you opt out, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out, Pleasing also will not be bound by Section 15 of these Terms.

 

SECTION 16 - TERMINATION

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Site and the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.  These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California.

SECTION 19 - CONTACT INFORMATION

Questions about the Terms of Service, feedback, comments, requests for technical support, notices of copyright infringement claims and other communications relating to the Site should be sent to us at hello@pleasing.com.