Terms of Use

Welcome to Hood Health and our Terms of Use (the “Agreement”). This Agreement is important and contains terms and conditions that affect your legal rights, so please read it carefully. If you reside outside the United States, additional terms and conditions may be applicable to you that either supplement or replace certain provisions in this Agreement. By accessing or using the websites, mobile applications or blogs (collectively, the “Site”) provided by Glossier, Inc. or our subsidiaries or affiliates (herein referred to as “Hood Health,” “we,” “us” or “our”), including, without limitation, hood.health pursuant to which we offer beauty advice and tips and make available our unique beauty products or other products for purchase (the “Products”) (collectively, with the Site, the “Services”), you agree to be bound by the terms and conditions contained in this Agreement and all other terms incorporated herein by reference. Some of the Services may be subject to additional terms and conditions we specify from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by reference. This Agreement applies to all users of the Site. We reserve the right, at our sole discretion, to change or modify portions of this Agreement 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 this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Site. We will also notify you of any material changes either through a pop-up notice, e-mail or through other reasonable means. Your continued use of the Site after any such changes constitutes your acceptance of the new Agreement. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Site.
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ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Privacy Policy.

1.1 Please refer to our Privacy Policy for information about how we collect, use, disclose and otherwise process information about you.

2. Eligibility.

2.1 If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept this Agreement in your name andon your behalf.2.2 You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site. We may, in our solediscretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.2.3 We continually test new features, functionalities, services, user interfaces and Products that we are considering incorporating into or providing through our Site. We reserve the rightto include or exclude you from these tests without notice.2.4 You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. If the applicable law in the country in which youreside requires that you must be older than 13 to receive certain Services, then the minimum age is the legally required one. If you are a minor, you may wish to consult your parents aboutwhat portions of the Services are appropriate for you. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent offering, sale or provisionof the Services conflicts with any applicable law, rule or regulation.

3. Registration.

3.1 You may register for an account on the Site (an «Account») or log in using your Facebook or other social media login information. To use certain portions of the Site, you are notrequired to sign up for an Account. However, certain features of the Site, such as accessing your order history, require you to register for an Account. You must provide accurate andcomplete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person;(ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgaror obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s Account orregistration information for the Site without permission. You must notify us immediately of any change in your eligibility to use the Site, breach of security or unauthorized use of yourAccount. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account at any time, as described in our Privacy Policy.

4. Use of the Site.

4.1 The Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content, or portions of theContent may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continueto be accurate. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, andother laws. You have no rights in or to the Content, and you will not use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted underthis Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copyyou make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, orotherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment forany purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediatelydestroy any copies you have made of the Content.4.2 The trademarks, service marks, and logos of Glossier (the “Hood Health Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarksor service marks of Glossier. Other company, product, and service names located on the Site or otherwise used in connection with the Services may be trademarks or service marks ownedby third parties (the “Third Party Trademarks”, and, collectively with the Hood Health Trademarks, the “Trademarks”). Nothing on the Site, in the Services or in this Agreement should beconstrued as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without ourprior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, orin any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Hood Health Trademarks as part of a link to or from any website isprohibited without our prior written consent. All goodwill generated from the use of any Hood HealthTrademark shall inure to our benefit.4.3 You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with theproper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up theSite; (d) delete or alter any material we or any other person or entity posts on the Site; or (e) otherwise take any action in violation of our guidelines and policies.

5. Third Party Sites.

5.1 The Site may contain links to third party websites, services or other resources on the Internet, including but not limited to our sponsors and Facebook, and other websites, services orresources may contain links to the Site (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links orany content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy ofany materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If youdecide to access any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss causedor alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.5.2 You may enable or log in to the Site via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social NetworkingServices”). By logging in or directly integrating these Social Networking Services into the Site, we make your online experiences richer and more personalized. To take advantage of thisfeature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration,the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose suchinformation in accordance with our Privacy Policy.5.3 Please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services,and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled on or offered through the Site. In addition, weare not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social NetworkingServices. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enablethese features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.5.4 We may participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or makepurchases via affiliate links.

6. User Content.

6.1 With respect to the Photos (as defined below), Submissions (as defined below), and any content or other materials you provide to or upload through the Site or share with other Siteusers or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, allcopyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules andregulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, tradesecret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take anyaction or upload, post, or otherwise distribute any User Content that you know if false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory,libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or isotherwise inappropriate as determined by us in our sole discretion.6.2 The Site may pull content from our users who share photos and videos on Instagram using our brand hashtags, including, without limitation, #hoodhealth, #menosmas, or tagging the@hood_health, @menos.mas accounts (collectively, “Photos”). You acknowledge and agree that the Photos may be used in Hood Health’s showroom space, retail locations and emails andon the Site, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to theServices and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, includingto the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, withoutlimitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.6.3 By uploading any User Content you hereby grant and will grant Hood Health and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up,transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify andotherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection withthe operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your terminationof your Account or the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additionallicenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of anythird party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.6.4 Except where prohibited by applicable law, by submitting User Content through the Site, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resultingfrom our alteration of the User Content or any Photos, Submissions, photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeingto appoint Hood Health as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, toensure that we can use the User Content that you are licensing in any way we see fit, own and protect the rights in any derivative works created from your User Content, and have the UserContent removed from any other website or forum.6.5 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, “Submissions”) that you provide to usare non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment orcompensation to you.6.6 You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation ordisclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Contentviolates the rights of third parties; or (d) protect the rights, property, or personal safety of Hood Health, our users and the public. You understand that the technical processing andtransmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connectingnetworks or devices.

7. IP Infringement.

7.1 We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement,or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will processand investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property lawswith respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Hood Health at hello@hood.health (Subject line: “TakedownRequest”).7.2 To be effective, the notification must be in writing and contain the following information:an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;a description of the copyrighted work or other intellectual property that you claim has been infringed;a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;your address, telephone number, and email address;a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; anda statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to acton the copyright or intellectual property owner’s behalf.7.3 If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyrightowner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the CopyrightAgent:your physical or electronic signature;identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; andyour name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within New York, New York and a statement that youwill accept service of process from the person who provided notification of the alleged infringement.7.4 If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace theremoved content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, theremoved content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.7.5 In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to berepeat infringers. We may also at our sole discretion limit access to the Site and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether ornot there is any repeat infringement.

8. Payments; Ordering & Availability; Billing andContinuous Subscription Services.

8.1 You agree to provide accurate and up-to-date payment information at the time you order any Product. We have contracted with a third-party payment processor to facilitate purchasesmade on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our thirdpartypayment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsibleif your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verificationsystems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling feeor processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for thepurposes of payment processing services.8.2 You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. After you place your order, we willsend you a confirmation email (the “Order Confirmation”). We strive to provide accurate pricing information regarding the Products available on the Site. We cannot, however, insureagainst pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose price was incorrectly posted on the Site as a result ofan error. If this occurs, we will notify you by email. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place theorder, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some Products forsale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available. In rare cases, these items may notbecome available for shipping. Should this happen, we will notify you by email and cancel the item from your order.8.3 Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which(where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us when you submit your order.8.4 Some of the Services that we offer, such as the never-run-out service, may consist of an initial period, for which there is a one-time charge, followed by recurring period chargesas agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. BY CHOOSING A R ECURRING PAYMENT PLAN, YOUACKNOWLEDGE AND AGREE THAT (A) HOOD HEALTH (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS(E.G., MONTHLY) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND ORSTOP PROVIDING ACCESS TO THE SITE OR PRODUCTS. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING US AT HELLO@HOOD.HEALTH. YOUWILL BE RESPONSIBLE FOR ALL CHARGES INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. Allrecurring payments are fully earned upon payment.8.5 All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All ordersare subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if wehave reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take stepsto verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.8.6 We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is notas described, your sole remedy is to return the item, unless otherwise specified in writing by us. We occasionally run promotions or provide limited-time offers for our Products. Pleasereview the promotion or offer for eligibility and other terms and conditions. All other information with respect to the purchase of Products from the Site can be found on the Order HelpPage located at www.hood.health/help, including our policies on shipping and tax, billing, order acceptance, gift cards, and returns and exchanges.

9. Delivery

9.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation,unless there are exceptional circumstances and except in the case of pre-orders.9.2 Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, for example if your delivery address isgeographically remote, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Products comprisedwithin the same order cannot be delivered to different addresses.9.3 The Product(s) ordered will be at your risk from the time you receive the Product(s). Ownership of the Product(s) ordered will also pass to you upon your receipt of the Product(s),provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.9.4 If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you makeus aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible,preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

10. Returns and Exchanges.

10.1 We accept Products for returns and exchanges if requests are submitted within 30 days of receiving the order (in its entirety). To return or exchange your Product(s), please email usat hello@hood.health with your name, address, order number and the Product(s) you would like to exchange or return. After we receive your written request, we will respond with furtherinstructions about returning the Product(s) to us.10.2 Upon receiving the returned Product(s) from you, we will process any refund due to you as soon as possible. You will be refunded in full to your original form of payment, includingthe cost of standard delivery; however, we will not refund your cost of returning the Product(s) to us. If you received any promotional or other discount when you paid, any refund will onlyreflect the amount you actually paid. For more information about returns and exchanges, please see here.

11. Limitation of Liability and Disclaimer of Warranties.

11.1 EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, GLOSSIER, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “HOOD HEALTH PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THESERVICES, INCLUDING BUT NOT LIMITED TO THE SITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE GLOSSIER PARTIES SHALLNOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SITE OR ANY OTHER INFORMATION CONVEYEDTO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROMWHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.11.2 THE HOOD HEALTH PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREEOF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FORSERVICING OR REPLACING EQUIPMENT OR DATA, NO GLOSSIER PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.11.3 EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASISWITHOUT ANY WARRANTIES OF ANY KIND. THE HOOD HEALTH PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OFTITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.11.4 IN NO EVENT SHALL ANY HOOD HEALTH PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL ANDCONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITYTO USE THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVENIF SUCH HOOD HEALTH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE)$500.00.11.5 Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not applyto you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE GLOSSIER PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING INTHESE TERMS AFFECTS ANY LEGAL RIGHTS AND REMEDIES YOU HAVE UNDER LOCAL LAW.

12. Indemnification.

12.1 To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Hood Health Parties from and against any claims, actions or demands,including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any User Content or Feedback you provide, or your access to,use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do thesame by writing to the Hood Health at hello@hood.health. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under thissection. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

13. ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASEREVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH GLOSSIER AND LIMITSTHE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NOCLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOUFROM SUING IN COURT OR HAVING A JURY TRIAL.13.1 YOU AND HOOD HEALTH AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES IS PERSONAL TO YOU AND HOODHEALTH AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ACTION, AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASSACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.13.2 Except for small claims disputes in which you or Hood Health seeks to bring an individual action in small claims court located in the county of your billing address or disputes inwhich you or Hood Health seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Hood Health waive your rights to a jury trial and to haveany dispute arising out of or related to this Agreement or our Services resolved in court. Instead, for any dispute or claim that you have against Hood Health or relating in any way to theServices, you agree to first contact Hood Health and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Hood Health by email at hello@hood.health. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific reliefsought. Our notice to you will be similar in form to that described above. If you and Hood Health cannot reach an agreement to resolve the claim within thirty (30) days after such Noticeis received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submittedto JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in New York County, New York or may be conducted telephonically or via videoconference for disputes alleging damages less than $500, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of theJAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waiveyour opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.13.3 You and Hood Health agree that this Agreement affects interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by theFederal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement and the JAMS Rules, the arbitratorwill have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including thepower to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any typeof class or representative proceeding or preside over any proceeding involving more than one individual.13.4 The arbitrator, Hood Health, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered,prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality,unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits,in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure isotherwise required by law or judicial decision.13.5 You and Hood Health agree that for any arbitration you initiate, you will pay the filing fee and Hood Health will pay the remaining JAMS fees and costs. For any arbitration initiatedby Hood Health, Hood Health will pay all JAMS fees and costs. You and Hood Health agree that the state or federal courts of the State of New York and the United States sitting in NewYork county, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.13.6 Any claim arising out of or related to this Agreement or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which meansthat you and Hood Health will not have the right to assert the claim. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of thisSection 13 by emailing hello@hood.health. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of bindingarbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.1.13.7 If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from this Agreement; (b)severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remainingclaims on an individual basis pursuant to this Section 13; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, suchclaims 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 anyindividual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to theextent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.

14. Termination.

14.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason(including if we believe that you have engaged in any suspected fraudulent or abusive activity, or violated or acted inconsistently with the letter or spirit of this Agreement) without priornotice or liability, including the right to reject any order you place for the purchase of Products, which may result in the forfeiture and destruction of all information associated with yourAccount. We reserve the right to change, suspend, or discontinue all or any part of the Services or the Content at any time without prior notice or liability. All provisions of this Agreementwhich by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity,limitations of liability, class action waivers and arbitration.

15. User Must Comply with Applicable Laws.

15.1 You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international lawsand regulations.15.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countriesor persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a personor entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

16. Transfer and Processing of Personal Data.

16.1 In order for us to provide the Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have thesame rights and protections as you do under local law.

17. U.S. Government Restricted Rights.

17.1 The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR252.227-7013 et seq. or its successor. Use of the Services or Content by the Government constitutes acknowledgement of our proprietary rights in the Services and Content.

18. Miscellaneous.

18.1 This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. Any dispute between you and Glossier that isnot subject to arbitration or cannot be heard in small claims court will be resolved in state and federal courts sitting in the City of New York in the State of New York. If any provision ofthis Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement,which shall remain in full force and effect. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision inthis Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. We shall not beliable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic orcommunications failure or degradation. Any information you submit to or provide through the Site might be publicly accessible, and you should protect important and private information.We are not liable for protection of privacy of email or other information transferred through the Internet or any other network that you may use.18.2 Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between us and you with respect to the subject matter, and supersedes all previous orcontemporaneous agreements, whether written or oral, between us and you with respect to the subject matter. The section headings are provided merely for convenience and shall not begiven any legal import. This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. This Agreement will inure tothe benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neitherparty has any authority of any kind to bind the other in any respect. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemedto have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted byfacsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to hello@hood.health

18.3Hood Health, LLC is operated in New York and you may contact at the following email address: hello@hood.health