Nécessaire, Inc. Promotions Terms & Conditions

Only one promotion can be applied to a purchase at a time. If customer is eligible for multiple promotions at the time of checkout, the largest of the discounts will be applied to the item. Nécessaire reserves the right to modify or impose terms and conditions on specific individual promotions at any point. Applies only to purchases made at www.necessaire.com.

Terms & Conditions:

From time to time, Nécessaire, Inc. ("Nécessaire") may offer certain discounts on product purchases ("Promotions") at the Nécessaire website located at www.necessaire.com ("Website"). In addition to any specific rules and descriptions for each Promotion and the Nécessaire Terms of Use, which are incorporated herein, the following terms apply.

Each Promotion is valid only during the specified time period ("Promotion Period"). During the applicable Promotion Period, any discount shall be automatically applied to the order amount of each order you place on the Website during the Promotion Period, excluding shipping charges and applicable taxes, except that if a specific Promotion indicates that the discount shall be applied only once for each user of the Website during the applicable Promotion Period, then (i) such discount shall be automatically applied to the order amount of the first order you place on the Website during the Promotion Period, excluding shipping charges and applicable taxes, and (ii) any discount for such Promotion shall be applied only once for each user of the Website during the applicable Promotion Period, even if the applicable product corresponding to the order on which such discount was applied is returned or exchanged. The remaining balance on the order amount after any discount is applied is your sole responsibility. You cannot choose when or when not to apply any discount for a given Promotion.

Promotions are valid for use on the Website only and are void where prohibited or restricted by law. Promotions cannot be applied to previous purchases, redeemed for cash or used in combination with any other Promotions. Nécessaire reserves the right, in its sole discretion at any time, to cancel, suspend, terminate or modify any aspect of any Promotion, with or without notice to you. Nécessaire also reserves the right, in its sole discretion, to terminate your participation in any Promotion at any time, with or without cause, with or without notice, effective immediately, including without limitation if Nécessaire deems or suspects any violation of these terms and conditions, cheating, fraud or tampering with the operation of such Promotion.

By participating in a Promotion, you agree to release and hold harmless Nécessaire, its affiliates, suppliers, and each of Nécessaire’s and their respective parent companies, subsidiaries, affiliates, partners, employees, contractors, directors, officers, agents, suppliers and representatives, from any and all liabilities, claims, damages, injury, loss, harm, cost or expenses, including without limitation property damage, personal injury and/or death, that arise from or relate to in any way such Promotion and/or your use of such Promotion.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER: PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND NÉCESSAIRE (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO THE PROMOTIONS, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND NÉCESSAIRE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND NÉCESSAIRE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor Nécessaire will participate in a class action or class-wide arbitration for any claims covered by these terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST NÉCESSAIRE INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Nécessaire is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Nécessaire or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these terms and conditions. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration provision will be null and void. In such event, you hereby expressly consent to exclusive jurisdiction and venue in the courts located in New York, New York for all matters arising in connection with these terms and conditions or your participation in the Promotions. This arbitration provision will survive the termination of your participation in the Promotions.

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