Terms of service

Terms of Service

Last updated: 20 October 2026

BEFORE YOU GO ANY FURTHER, PLEASE TAKE A MOMENT WITH THIS. SECTIONS 22 TO 26 HOLD A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A MASS ACTION WAIVER AND A JURY TRIAL WAIVER, AND ALL FOUR CHANGE YOUR LEGAL RIGHTS. APART FROM THE EXCEPTIONS SPELLED OUT LATER ON, ANY DISPUTE WILL BE SETTLED ON AN INDIVIDUAL BASIS IN FINAL, BINDING ARBITRATION. SECTION 26 EXPLAINS HOW YOU'RE ABLE TO OPT OUT OF ARBITRATION.

THE Isabella® VIP MEMBERSHIP, A PAID SUBSCRIPTION THAT RENEWS ON ITS OWN, IS COVERED BY THESE TERMS TOO. ONCE YOU ENROL, RECURRING CHARGES KEEP COMING UNTIL YOU CANCEL. YOU'LL FIND THE COMPLETE AUTOMATIC RENEWAL AND CANCELLATION TERMS IN SECTION 6.

VISITING OUR SERVICES, INTERACTING WITH THEM, USING THEM OR BUYING FROM US MEANS YOU ACCEPT EVERY PART OF THESE TERMS AND AGREE TO BE BOUND BY THEM.

What are these Terms about?

Welcome to Isabella®! Whenever these Terms say "we", "us" or "our", they mean Isabella®. We operate this store and website along with everything connected to it, including all related subdomains, checkout funnels, landing pages, mobile experiences, information, content, features, tools, products and services, and together we call all of that the "Services". Our store runs on Shopify, and that's what lets us bring the Services to you.

These Terms of Service ("Terms"), plus any policies they mention, explain what you can expect from us and what we expect from you while you're using the Services. They also carry important details about your legal rights, such as warranty disclaimers, limitations of liability and the dispute resolution provisions mentioned above.

Using the Services means you're agreeing to these Terms and to our Privacy Policy. If you don't agree, you're not permitted to access or use the Services.

1. How do I agree to these Terms, and can they change?

1.1 Agreeing to the Terms

Accessing the Services, creating an account, enrolling in the VIP Membership, clicking a button that shows you agree, or buying any product all mean you accept these Terms in full. When you do any of those things, you're confirming that you're at least eighteen (18) years old and have reached the age of majority in the state or province where you live, that you have the full legal capacity needed to enter a binding agreement, and that you agree to be bound by every part of these Terms. You're also consenting to any of your minor dependents using the Services on devices that you own, purchase or manage.

1.2 Ticking the box (electronic assent)

Where we present it, you'll be required to take a clear affirmative step before certain transactions are completed, for example ticking a box that starts out unchecked or clicking a button that's clearly labelled, to show you agree to these Terms. Taking that step counts as electronic consent, and it's legally binding.

1.3 Changes over time

We can revise these Terms whenever we choose, at our sole discretion, and the most current version is always here on this page for you to review. If a change is material, we'll give you reasonable notice by email, through an account notification or with a banner on the website, and the change will take effect on the date that notice gives. If you keep using the Services once changes are effective, that means you accept the revised Terms.

2. What access do I get, and how does my account work?

We give you a licence to access and use the Services for your own personal, non-commercial use, and nothing more. That licence is limited, revocable, non-exclusive, non-transferable and non-sublicensable. We keep the right to modify or discontinue any part of the Services, to restrict or end anyone's access, and to refuse service to any user, at any time and for any reason. We're not liable if the Services become unavailable.

You might be asked for information such as your email address and your billing, payment and shipping details. You represent and warrant that everything you give us is correct, current and complete, and that you hold all the rights needed to provide it.

Keeping your account credentials secure is your responsibility alone, and so is everything that happens on your account. If someone gets into your account without permission, tell us right away at support@tryisabella.com. Your account belongs to you only, so you can't transfer, sell, assign or licence it to anybody else. If these Terms are violated, we may disable accounts at our discretion.

3. How accurate are your product listings?

We've worked hard to show our products accurately. Even so, colours and the way a product looks can come across differently on your screen, depending on the device you use and how it's set up.

We don't warrant that a product's appearance or quality will match what you're hoping for, or that it will look exactly as it's shown in our online stores.

Product descriptions can change at any time, without notice, at our sole discretion. We also reserve the right to discontinue any product whenever we choose, and we may decide case by case to limit the quantities of any product we offer to any person, geographic region or jurisdiction.

If you rely on information presented through the Services, you're doing so strictly at your own risk. We disclaim all liability that comes from reliance on Website materials, from how anyone interprets product descriptions, or from third-party materials or testimonials that show up on the Services.

4. What happens after I place an order?

Placing an order is your offer to buy from us. Isabella® may accept or decline that offer for any reason at its discretion, for example because of suspected fraud, a pricing error or a product being unavailable. Your order isn't accepted until Isabella® confirms acceptance, and we have to receive and process your payment before that can happen.

Do look over your order carefully before submitting it. Once we've accepted an order, we may be unable to accommodate a request to cancel it. If we don't accept an order, or we change or cancel it, we'll try to let you know using the email address, billing address or phone number you gave us when you ordered.

You can return or exchange what you buy only as our Refund Policy allows.

You represent and warrant that whatever you buy from us is for your own personal or household use, and not for commercial resale or export.

5. How do prices, payment and billing work?

5.1 Prices

We may change prices, discounts and promotions without giving notice. You'll be charged whatever price was in effect when you placed your order, as shown in your order confirmation email. We list all prices in U.S. dollars. Unless we expressly say so, posted prices leave out taxes, shipping, handling, customs and import charges. Prices in our online stores may not match prices offered in physical stores or in stores that third parties run.

Every so often, a promotion we run may come with its own terms, separate from these Terms. If the two ever conflict, the promotion's terms take priority.

5.2 Authorising payment

When you give us a payment method, you represent and warrant that (i) the payment information you've provided is true, correct and complete, (ii) you're duly authorised to use that payment method, (iii) your card issuer will honour the charges you incur, and (iv) you'll pay those charges at the posted prices, along with shipping and handling charges and all applicable taxes. You authorise us to charge your payment method for products you buy, VIP Membership renewals, shipping charges, applicable taxes and any other fees we've disclosed. If your payment is declined, we may suspend or cancel your order.

5.3 Your details

You agree to keep your purchase, payment and account information current, complete and accurate, including your email address, card numbers and expiration dates. That way we're able to complete your transactions and get in touch with you whenever we need to.

5.4 Automatic card updates

Your card issuer may send us updated card information, like a new card number or expiration date, and we may update your account with it. You're authorising us to charge that updated payment method too. If you'd rather your payment information wasn't updated automatically, you can contact your card issuer, remove the payment method you've stored, or cancel your VIP Membership. Any bank or card fees are yours to cover. If a charge gets reversed, we may invoice you directly and look for payment by another method.

5.5 Payment processors

Some payments may be handled by third-party providers. When you use them, their own terms and privacy policies apply, and we aren't responsible for mistakes those payment processors make.

6. How does the VIP Membership work, and how do I cancel?

PLEASE GIVE THIS SECTION YOUR FULL ATTENTION. AS A PAID SUBSCRIPTION, THE Isabella® VIP MEMBERSHIP RENEWS AUTOMATICALLY AND KEEPS CHARGING YOUR PAYMENT METHOD ON A RECURRING BASIS UNTIL THE DAY YOU CANCEL.

6.1 Joining

The Services may include a membership option ("VIP Membership" or "Subscription Service") that gives you discounts and other member benefits in return for a recurring fee. If you enrol, you're agreeing that the membership comes with recurring payment obligations, and that Isabella® is authorised to charge your payment method automatically at the stated billing interval until you cancel.

6.2 The free trial

If you're a new member, you can get a one-time 10-day free trial. Starting the trial authorises us to charge the payment method you selected when the trial ends, unless you cancel before the trial expiration date. There's a limit of one free trial per member, per household and per payment method.

6.3 What we tell you before you join

Before you confirm your billing information and finish enrolling, we'll show you a clear and conspicuous notice, placed in visual proximity to the request for your consent, that discloses every one of these points:

  • that your membership renews automatically and you'll be charged on a recurring basis unless you cancel;
  • how long each renewal period lasts, which is every twenty-eight (28) days, and any additional renewal terms;
  • how much you'll be charged for each renewal period and how often, which is $39.95 every 28 days unless you take timely steps to cancel;
  • that the first charge happens immediately once the 10-day free trial is over;
  • the ways you can cancel, including how to cancel online and how to reach us;
  • a direct link to the online cancellation process, which lives at https://tryisabella.com/pages/cancel-membership; and
  • our contact information, which you'll find in Section 31.

Before your purchase is completed, you'll be required to take an affirmative action, such as ticking an acknowledgment box that starts unchecked or clicking a clearly labelled button, to expressly confirm that you consent to the recurring charges. Taking that action is your express informed consent to the automatic renewal terms. We never rely on pre-checked boxes or any other default mechanism to get this consent.

6.4 Automatic renewal

YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY AT THE THEN-CURRENT RATE, ON THE SAME BILLING INTERVAL YOU PICKED AT CHECKOUT, UNLESS YOU CANCEL AS THESE TERMS DESCRIBE. When the 10-day free trial is complete, your membership becomes a paid 28-day membership and a membership fee of $39.95 is charged right away. From then on it continues and renews automatically every 28 days. You authorise these recurring charges until your membership has been cancelled.

6.5 Your confirmation email

Once you've enrolled, we'll send an order confirmation to the email address you gave us. It will include (a) a summary of the automatic renewal terms, (b) the amount charged and how often you'll be billed, (c) the cancellation methods open to you, and (d) a direct link to the online cancellation process. Please hang on to it for your records. If it hasn't arrived within 24 hours of enrolling, get in touch at support@tryisabella.com.

6.6 Cancelling

You can cancel your trial or your membership at any time, using whichever of the methods below suits you. If you don't want to be charged for the next billing period, your cancellation has to be completed at least twenty-four (24) hours before your next scheduled billing date. If you don't want to be charged for the first membership period, cancel before the 10-day free trial ends.

To cancel, you'll never have to speak with a live representative, go through a retention flow, or do anything beyond the steps listed above. A cancellation made through the online portal takes effect as soon as it's confirmed on screen, and a cancellation confirmation email will go to the address on file. Once the current billing period concludes, no further recurring charges will be processed.

6.7 After you cancel

Cancelling in the middle of an active 28-day membership period doesn't cut your member benefits short, and they stay available until that period is over. Membership fees you've already been charged aren't refunded, as Section 8 explains.

6.8 Failed payments

If a recurring charge doesn't go through, you authorise us to retry it, to contact you for updated payment information, and to suspend member benefits and shipments until we receive payment. Remaining enrolled counts as you reaffirming that we're authorised to charge your payment method. We may refer unpaid balances for collection where that's permitted by law.

6.9 Member benefits

As a VIP member, you can get discounts of 20% to 80% off select products in our store. How much you save depends on the product, the promotion, inventory availability and seasonal offers, and not every product is eligible. Discounts only apply to qualifying purchases made while your membership is active, and unless we expressly say otherwise, they can't be combined with other coupons, promotional offers, clearance pricing or special discounts. Particular brands, products, services, gift cards or limited-time offers might be left out of the discounts altogether. To use your benefits you need to be an active member in good standing with a valid payment method on file. Benefits can't be transferred, and nobody but the enrolled member can use them. Discount offerings, participating products and membership benefits may be changed by us at any time, without prior notice, and we reserve the right to do so. Any change applies going forward only and doesn't affect purchases you've already completed.

6.10 Membership price changes

We reserve the right to change what the membership costs on reasonable notice, and we'll give you advance notice wherever the law requires it. A price change applies to future billing cycles only, and won't touch the membership period you've already paid for.

6.11 For California residents

If you live in California, you also get the following disclosures under California Business and Professions Code Section 17601 et seq. (the Automatic Renewal Law) and Section 17535 et seq.:

  • How renewal works: your membership renews automatically every 28 days at the then-current price, unless you cancel before the next renewal date.
  • How to cancel: you can cancel whenever you like at https://tryisabella.com/pages/cancel-membership, by email to support@tryisabella.com, or by phone on +1 (800) 997 1347. We won't make cancelling difficult for you.
  • Refunds for charges you didn't authorise: if we don't give you the required disclosures before you enrol, we'll fully refund any charges you didn't authorise. To ask for a refund under this provision, contact support@tryisabella.com.
  • Getting in touch: Isabella®, support@tryisabella.com, +1 (800) 997 1347. You're also welcome to reach the California Department of Consumer Affairs, Consumer Information Division, 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.

7. How does shipping work, and when does my order become mine?

Third-party carriers ship our products. We need an accurate shipping address and phone number, and we're not responsible for delays or non-delivery that happen because you gave us an incorrect address. If your address needs changing, email support@tryisabella.com immediately. We can't guarantee we'll be able to make edits once an order has been submitted.

Shipping and delivery delays aren't something we're liable for. Every delivery time is only an estimate, and none of them is guaranteed. We're not responsible for delays that come from shipping carriers, customs processing or events we can't control. Unless the law says otherwise, title and risk of loss pass to you as soon as we hand your products over to the carrier. If you're an international customer, any customs duties and import taxes are yours to pay.

7.1 Proof of delivery

If the carrier confirms delivery, that's treated as conclusive proof your order reached the address you gave, even if nobody signed for it. You agree that this confirmation is enough evidence of delivery when disputes are being resolved, including chargebacks and claims that an order never arrived.

8. Can I get a refund?

Our Refund Policy has the complete terms, so please give it a read. Unless it says otherwise, every sale is final. When a refund does apply, it goes back to your original payment method, and how long your bank takes to post it can vary. Shipping and handling fees can't be refunded.

Membership fees aren't refundable unless applicable law requires a refund. You won't get a refund for partial billing periods, for time you didn't use, or because you didn't use your membership benefits.

9. Who owns the content on the Services?

Isabella®, its affiliates or its licensors own the Services and everything in them, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, software and design elements, as well as the way all of these are selected and arranged. U.S. and foreign patent, copyright and other intellectual property laws protect them.

Under these Terms you may use the Services for your personal, non-commercial use and nothing else. Unless you have our prior written consent, you mustn't reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services. These Terms don't give you a licence or any other rights under any patent, trademark, copyright or other intellectual property belonging to Isabella®, Shopify or any third party. Using material without authorisation may break federal and state intellectual property laws. We keep every right we haven't expressly granted.

The names, logos, product and service names, designs and slogans of Isabella® are trademarks of Isabella® or its affiliates or licensors, and you can't use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks belonging to Shopify. Every other mark on the Services is the property of whoever owns it.

9.1 Reporting copyright infringement

If you think something on the Services infringes your copyright, send a notice to support@tryisabella.com that includes (i) identification of the copyrighted work, (ii) identification of the infringing material and where it's located, (iii) your contact information, (iv) a statement of your good-faith belief, and (v) a statement, made under penalty of perjury, that your notice is accurate.

10. What about optional tools and links to other sites?

As part of the Services, we may give you access to customer tools that third parties offer and that we neither monitor nor control. These tools are provided "as is" and "as available", with no warranties, representations or conditions of any kind and with no endorsement from us. We have no liability for anything arising from your use of optional third-party tools, and you use them at your own risk and discretion. It's up to you to make sure you're familiar with, and approve of, the terms those tools are provided on.

You may come across materials on the Services, and hyperlinks to websites, that third parties provide or operate, including third-party functionality embedded in the Services. Checking or evaluating their content, practices, accuracy or legality isn't our responsibility, and if you leave the Services to visit them, that's at your own risk. Please take any complaints, claims, concerns or questions about third-party products and services to the third party concerned.

Any new features we add to the Services later on also form part of the Services and are covered by these Terms.

11. Where does Shopify fit in?

Our store is powered by Shopify, which is what enables us to provide you with the Services. When you buy something in our store, you're buying it directly from Isabella®. By using the Services, you acknowledge that Shopify isn't responsible for any aspect of any sale between you and Isabella®, including any injury, damage or loss that results from products and services you've bought. You expressly release Shopify and its affiliates from all claims, damages and liabilities that arise from or relate to your purchases and transactions with Isabella®.

12. How do you handle my data, cookies and emails?

Any personal information we collect through the Services is subject to our Privacy Policy, which forms part of these Terms by reference. Some personal information may be covered by Shopify's Privacy Policy as well. By using the Services, you acknowledge you've read these policies.

Since Shopify hosts the Services, it collects and processes personal information about how you access and use them, so that it can provide and improve them. Information you submit may be sent to, and shared with, Shopify and third parties that may be based in countries other than the one you live in. The Services use cookies, pixels and similar tracking technologies, operated by us and by third parties, to enhance user experience, analyse performance, personalise content and support advertising and marketing.

Using the Services, opening an account or placing an order means you're consenting to get electronic communications from us. These include order confirmations, shipping notifications, membership renewal and cancellation notices, customer service communications and, if you've opted in, marketing emails. You can opt out of marketing emails with the unsubscribe link inside them. Electronic communications meet any legal requirement for communications to be in writing.

13. What happens to my feedback and reviews?

You might submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content to us ("Feedback"). If you do, you give us a perpetual, worldwide, sublicensable, transferable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, commercial use included.

You represent and warrant that (i) the Feedback is yours or you have all the rights it needs, (ii) you've disclosed any compensation or incentive you received in connection with it, (iii) it's truthful and not misleading, and (iv) it complies with these Terms. We don't have to keep Feedback confidential, pay you anything for it, or respond to it.

We may monitor, edit or remove Feedback, though we're not obliged to, if we decide in our sole discretion that it's unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that it violates anyone's intellectual property rights or these Terms.

Your Feedback mustn't violate any third party's rights, including copyright, trademark, privacy, personality or other proprietary rights, and it mustn't contain unlawful, abusive or obscene material or any virus or malware. Don't use a false email address, pretend to be somebody else, or otherwise mislead us or third parties about where Feedback came from. You alone are responsible for your Feedback and how accurate it is, and we take no liability for Feedback posted by you or by any third party.

If law enforcement authorities or a court order direct us to disclose user information, we reserve the right to cooperate with them fully. You hold us harmless from claims that arise from disclosures we make in good faith to comply with legal obligations.

14. What if something on the site is wrong?

From time to time, information in the Services may include typographical errors, inaccuracies or omissions about product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct those errors, inaccuracies or omissions, to change or update information, or to cancel orders if any information is inaccurate. We can do this at any time and without prior notice, even after your order has been submitted.

15. What am I not allowed to do?

You may only access and use the Services for lawful purposes. Here's what you can't use the Services for, directly or indirectly:

  1. for anything that's unlawful or malicious;
  2. in a way that breaks any international, federal, provincial, state or local law, rule, regulation or ordinance;
  3. in a way that infringes our intellectual property rights or anyone else's;
  4. to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person, or to harm them in any way;
  5. to pass along information that's false or misleading;
  6. to send, knowingly receive, upload, download, use or re-use any material that doesn't comply with these Terms;
  7. to transmit any advertising or promotional material, or arrange for it to be sent, with junk mail, chain letters and spam all included;
  8. to impersonate somebody else, whether that's a person or an entity; or
  9. to do anything that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm Isabella®, Shopify or users of the Services or expose them to liability.

On top of that, you agree that you won't:

  1. upload or transmit viruses or any other kind of malicious code;
  2. reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services, however small;
  3. gather or track anybody else's personal information;
  4. spam, phish, pharm or pretext the Services in any way;
  5. get into the Services using any robot, spider, scraper, data gathering and extraction tool, automatic device or process, AI tool (agentic AI included), or other automated or manual means; or
  6. interfere with, bypass or circumvent our security or authorisation features, our robot exclusion headers or any other measure we use to restrict access.

We reserve the right to investigate violations and pursue them as far as the law permits, and to suspend, disable or terminate your account at any time without notice for any violation of these Terms.

16. Can I use an AI agent or bot on the Services?

16.1 Who this covers

This section applies to you if you use, allow, enable or cause the deployment of an Agent that accesses, uses or interacts with any of the Services. An "Agent" is any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can execute on a person's behalf or using a person's device without direct supervision.

16.2 Agents must identify themselves

An Agent may only access, use or interact with the Services if it identifies itself and operates in strict accordance with Section 16.4 at all times. If we've asked an Agent to refrain from accessing the Services, it may not access them.

16.3 Limits on Agents

We may limit whether and how any Agent accesses, uses and interacts with the Services, and we may use technical measures to do so.

16.4 What every Agent has to do

Every Agent must:

  1. identify, in all HTTP/HTTPS requests, that the request comes from an Agent, and disclose the Agent's name in the user agent string in the form "Agent/[agent name]";
  2. not conceal or obfuscate the fact that an interaction comes from an Agent, including by mimicking human behaviour and interaction patterns or by completing or circumventing CAPTCHAs or other measures designed to tell computer use apart from human use;
  3. answer truthfully any question or prompt that tries to find out whether interactions come from a human or a computer; and
  4. not circumvent or avoid any measure meant to block, limit, modify or control Agent access.

17. Can these Terms or my access be ended?

These Terms stay in effect until they're terminated. We may terminate this agreement, or your access to the Services or any part of them, at any time and without notice, in our sole discretion. If that happens, you'll still be liable for all amounts due up to and including the date of termination.

Even after termination, several parts of these Terms keep applying, namely intellectual property (Section 9), feedback (Section 13), termination (this Section 17), the disclaimer of warranties (Section 18), the limitation of liability (Section 19), indemnification (Section 20), the limitation on time to file claims (Section 21), dispute resolution and binding arbitration (Section 22), the class action, mass action and jury trial waivers (Sections 23 to 25), severability, waiver and entire agreement (Sections 30.1 to 30.3), assignment (Section 30.4), governing law (Section 28), the Privacy Policy, your payment obligations, and any other provision that by its nature should survive.

18. Do you give any warranties?

Information on the Services is offered for general information purposes only. We make no warranty that it's accurate, complete or useful, and if you rely on it, you're doing so strictly at your own risk.

UNLESS Isabella® EXPRESSLY SAYS OTHERWISE, YOU RECEIVE THE SERVICES AND EVERY PRODUCT OFFERED THROUGH THEM "AS IS" AND "AS AVAILABLE", WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. THAT COVERS EVERY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, ACCURACY, RELIABILITY, AVAILABILITY AND NON-INFRINGEMENT. WE GIVE NO GUARANTEE, REPRESENTATION OR WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF ERRORS, THAT ANY DEFECT WILL BE FIXED, OR THAT PRODUCTS WILL LIVE UP TO YOUR EXPECTATIONS. BECAUSE SOME JURISDICTIONS LIMIT OR DON'T ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, THE ABOVE MIGHT NOT APPLY TO YOU.

19. What are the limits on your liability?

AS FAR AS THE LAW PERMITS, Isabella® WILL NOT BE LIABLE IN ANY CASE, AND NEITHER WILL OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, FOR ANY INJURY, LOSS OR CLAIM, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND. THOSE DAMAGES INCLUDE, BUT AREN'T LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION AND REPLACEMENT COSTS. THIS HOLDS WHETHER THE CLAIM RESTS ON CONTRACT, TORT (NEGLIGENCE INCLUDED), STRICT LIABILITY OR ANYTHING ELSE, AND WHETHER IT ARISES FROM OR RELATES TO THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY PRODUCT PURCHASE, ANY MEMBERSHIP OR AUTOMATIC RENEWAL, OR ANY ADVERTISING OR MARKETING PRACTICES. IT HOLDS EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.

19.1 The most we'll pay

AS FAR AS THE LAW ALLOWS, THE MOST WE WILL BE LIABLE FOR ON ANY CLAIM, IN TOTAL, IS THE GREATER OF (A) EVERYTHING YOU PAID Isabella® IN THE TWELVE (12) MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). RECOVERY UP TO THAT CAP IS YOUR SOLE AND EXCLUSIVE REMEDY.

19.2 Why these limits exist

You acknowledge that what we charge for our products and memberships reflects the allocation of risk in this Section, and that we wouldn't enter into these Terms without these limitations.

20. When do I have to cover your losses?

You agree to indemnify, defend and hold harmless Isabella®, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers and successors against any losses, damages, liabilities or claims, reasonable attorneys' fees included, that are payable to a third party because of, or arising out of, (1) your breach of these Terms or of the documents they incorporate by reference, (2) your violation of any law or of a third party's rights, or (3) your access to and use of the Services.

We'll let you know about any claim that's covered by this indemnity. If we don't notify you promptly, you're still bound by your obligations unless the delay materially prejudices you. We may take control of defending and settling the claim at your expense, including choosing counsel, but we won't settle a claim that requires non-monetary obligations from you without your consent, and you won't unreasonably withhold that consent. You'll cooperate in defending indemnified claims, for example by handing over relevant documents.

21. How long do I have to bring a claim?

AS FAR AS THE LAW PERMITS, ANY CLAIM OR CAUSE OF ACTION THAT ARISES OUT OF OR RELATES TO THESE TERMS, THE SERVICES, ANY PRODUCT OR ANY MEMBERSHIP HAS TO BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER IT ACCRUES. A CLAIM THAT ISN'T COMMENCED IN THAT TIME IS BARRED FOREVER. THE RULE COVERS EVERY CLAIM, WHETHER IT RESTS ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, EXCEPT TO THE EXTENT APPLICABLE LAW PROHIBITS IT.

22. How will disputes be resolved?

PLEASE GO THROUGH THIS SECTION SLOWLY, BECAUSE IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING WHETHER YOU CAN FILE A LAWSUIT IN COURT.

APART FROM THE EXCEPTIONS EXPRESSLY SET OUT BELOW, YOU AND Isabella® AGREE THAT EVERY DISPUTE WILL BE RESOLVED ONLY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION.

22.1 What counts as a Dispute

You and Isabella® agree that any dispute, claim, controversy or cause of action that arises out of or relates to these Terms, the Services, any product, any membership or automatic renewal, any advertising or marketing practice, or any alleged misrepresentation (a "Dispute") will be resolved only through binding, confidential arbitration on an individual basis. "Dispute" should be read broadly.

22.2 The law behind the arbitration

These Terms evidence a transaction in interstate commerce, so the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs how this arbitration agreement is interpreted and enforced, as well as the proceedings under it. It's the arbitrator who decides every threshold issue of arbitrability, scope, validity and enforceability included.

22.3 Notice before arbitration

Whoever wants to start arbitration must first send a written Notice of Dispute that includes their full name, mailing address, the email address associated with the account, a description of the claim and the specific relief they're seeking. A notice to us has to be emailed to support@tryisabella.com with "Notice of Dispute" in the subject line, and it takes effect on the date it's sent. We'll send any notice to you at the email address associated with your account. Once notice is given, both parties will make good-faith efforts to resolve the Dispute for thirty (30) days, and neither of us may file for arbitration until that period has run out.

22.4 Self-help remedies

This Section doesn't stop us from using lawful self-help remedies, such as responding to chargebacks, pursuing collection efforts, suspending or terminating accounts, offsetting amounts owed, or enforcing payment obligations as the law permits.

22.5 How arbitration works

The American Arbitration Association will administer the arbitration under its Consumer Arbitration Rules, before one neutral arbitrator. Should the AAA decline to administer it, the parties will choose a nationally recognised arbitration provider together, and if they can't agree, a court will appoint one. The arbitrator can award every remedy that would be available in an individual action under applicable substantive law, including compensatory damages, statutory damages, punitive damages, declaratory relief, injunctive relief, and attorneys' fees where a statute or contract authorises them. The arbitrator can't award relief on a class, representative or consolidated basis.

22.6 Who pays for arbitration

The AAA Consumer Arbitration Rules decide who pays filing, administration and arbitrator fees. Where those rules require it, we'll cover arbitration fees above what you'd pay to file a comparable action in court. Each of us covers our own attorneys' fees, unless the law provides otherwise.

22.7 Small claims court

Either of us may take an individual action to small claims court.

22.8 Injunctions and other protective relief

For claims involving intellectual property, confidential information, unauthorised resale, fraud, misuse of the Services, or a violation of these Terms that threatens irreparable harm, we may ask a state or federal court for temporary, preliminary or permanent injunctive or equitable relief. You consent to those courts having exclusive jurisdiction and venue, but only for these limited purposes.

22.9 Public injunctive relief

To the extent applicable law doesn't allow a claim for public injunctive relief to be waived, that claim may be brought in a court of competent jurisdiction. Every other claim, whether it seeks monetary, individualised or non-public injunctive relief, stays subject to binding arbitration.

23. Can I join a class action?

YOU AND Isabella® AGREE THAT DISPUTES MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY. YOU'RE WAIVING ANY RIGHT YOU MIGHT HAVE TO TAKE PART IN A CLASS ACTION, TO BE A CLASS REPRESENTATIVE OR CLASS MEMBER, TO ACT AS A PRIVATE ATTORNEY GENERAL, OR TO JOIN OR CONSOLIDATE YOUR CLAIMS WITH ANYONE ELSE'S. THE ARBITRATOR HAS NO POWER TO RUN ANY CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED PROCEEDING.

EVERY DISPUTE IS COVERED BY THIS WAIVER, INCLUDING ANY DISPUTE ABOUT THE VIP MEMBERSHIP, ITS FREE TRIAL, ITS AUTOMATIC RENEWAL, ANY RECURRING CHARGE, OR ANY DISCLOSURE OR MARKETING PRACTICE TIED TO IT.

SHOULD THIS CLASS ACTION WAIVER TURN OUT TO BE UNENFORCEABLE FOR A PARTICULAR CLAIM, THAT CLAIM WILL BE SEVERED AND WILL GO AHEAD IN A COURT OF COMPETENT JURISDICTION, AND EVERY REMAINING CLAIM WILL CONTINUE IN ARBITRATION ON AN INDIVIDUAL BASIS.

24. What happens if lots of similar claims are filed at once?

A Dispute can't be brought as a "Mass Action". By "Mass Action" we mean twenty-five (25) or more similar arbitration demands that are filed within one hundred eighty (180) days and coordinated by the same or affiliated counsel. Without our consent, claims like these won't be consolidated or administered collectively.

24.1 Batches

Where the conditions for a Mass Action are met, the claims will be grouped into batches of no more than two hundred (200) claimants each. Only one batch will proceed at a time, and each batch will have its own arbitrator appointed. While batching is under way, statutes of limitation are tolled.

24.2 Special master

A neutral special master may be appointed to settle procedural disputes about how a Mass Action is administered.

25. Will there be a jury?

IF A DISPUTE ENDS UP IN COURT INSTEAD OF ARBITRATION, YOU AND Isabella® EACH GIVE UP THE RIGHT TO A JURY TRIAL, AS FAR AS THE LAW PERMITS.

26. Can I opt out of arbitration?

Yes. Within thirty (30) days of first accepting these Terms, you can opt out of the arbitration agreement in Section 22, the class action waiver in Section 23 and the mass action waiver in Section 24. To do it, email written notice to support@tryisabella.com with "Arbitration Opt-Out" in the subject line. Your notice needs to include your name, the email address associated with your account, and a clear statement that you intend to opt out. Opting out won't affect any of your other rights or obligations under these Terms, and we won't retaliate against you for doing it.

27. What if part of the arbitration terms can't be enforced?

Should any part of Sections 22 through 25 be found unenforceable for a specific claim, that claim will go ahead in a court of competent jurisdiction, and all other claims will stay subject to arbitration on an individual basis.

28. Which law applies?

Except where Section 22 says otherwise, these Terms, and any separate agreements under which we provide Services to you, are governed by and interpreted under the laws of the State of California, without regard to conflict-of-law principles. You and Isabella® also agree, subject to Section 22, that the state and federal courts located in California have personal jurisdiction and are the proper venue.

29. What if something outside your control gets in the way?

We won't be liable for any delay in performing, or failure to perform, an obligation under these Terms if the cause is beyond our reasonable control. Examples include acts of God, natural disasters, pandemics or public health emergencies, labour disputes, supply chain disruptions, governmental actions, war or terrorism, internet service failures, payment processor outages and carrier delays. For as long as the event lasts, we're excused from performing.

30. What other legal points should I know about?

30.1 Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, it will still be enforced as far as applicable law allows, and the part that can't be enforced will be treated as severed. The rest of these Terms will remain valid and enforceable.

30.2 No waiver

If we don't exercise or enforce a right or provision of these Terms, that doesn't mean we've given up our ability to enforce it later. A waiver only counts if it's in writing and signed by our duly authorised representative.

30.3 Entire agreement

These Terms, along with our Privacy Policy, our Refund Policy and any operating rules we post, make up the entire and integrated agreement between you and us about using the Services and buying products. They replace any prior or contemporaneous agreements, communications and proposals, oral or written, including earlier versions of these Terms. No ambiguity will be interpreted against the party that drafted these Terms.

30.4 Assignment

You can't delegate, transfer or assign these Terms, or any of your rights or obligations under them, unless we give prior written consent, and any attempt to do so is null and void. We can transfer, assign or delegate these Terms and our rights and obligations without your consent and without telling you, including as part of a merger, acquisition, corporate reorganisation or sale of assets, or by operation of law.

30.5 Headings

The headings in these Terms are there for convenience only, and they don't limit or otherwise affect what the Terms say.

31. How can I contact you?

If you have any questions about these Terms, we'd love to hear from you at support@tryisabella.com.

Isabella®