Last updated: July 11, 2023

Please read these XAYÄI Natural Terms of Use (“terms of use”) carefully. These Terms of Use govern your access to and use of the xayainatural.com & xayäi.com website or application (collectively, the “Site”), including, without limitation, all information, services, and other content provided on this Site, any web property or email address provided by this Site, and your purchase and/or use of any XAYÄI Natural products, goods, or services (collectively, the “Offerings”). By accepting these Terms of Use, you agree that: (1) you have read and agree to be bound by these Terms of Use; and (2) these Terms of Use constitute a binding agreement between you and XAYÄI Natural, Inc. and its affiliates (“XAYÄI”, “We” or “Us”). If you do not agree to these terms of use, you are not permitted to access or use the Site.

ARBITRATION NOTICE: These Terms of Use contain a binding arbitration agreement including a waiver of any right to participate in a class action lawsuit or class-wide arbitration. Please see the “Arbitration Agreement and Class Action Waiver” section below for additional details.

1. Eligibility

You represent that you are at least 18 years of age (or the age of majority in the state in which you reside). If you are under the age of 18 (or the age of majority in the state in which you reside), but at least 13 years of age, you may use the Site only under the supervision of a legal guardian who has agreed to be bound by these Terms of Use. This Site is not intended for, and you may not use this Site if you are under 13 years of age.

XAYÄI Natural products and business opportunities cannot be offered, shipped into, or sold in any country not authorized by XAYÄI Natural. For a list of authorized countries, please check the relevant section on xayäi.com.

2. XAYÄI Preferred Member or XAYÄI Independent Distributor

XAYÄI Natural products and services are made available through XAYÄI’s network of independent distributors (“Independent Distributors”). You may purchase XAYÄI Natural products or services from an Independent Distributor or by becoming an XAYÄI Preferred Member. If you are interested in purchasing products from an Independent Distributor or becoming a Preferred Member, please see the Product section of the Site. If you are interested in starting your own business as an XAYÄI Independent Distributor, please see the Business Opportunity section of the Site.

3. Refund Policies

XAYÄI Natural guarantees the quality of any product which carries the XAYÄI Natural name and certifies that the products manufactured for XAYÄI Natural meet high standards of freshness and purity for your use. We believe that you will find our products satisfactory in every way. However, if for any reason, you are not satisfied with any XAYÄI Natural product purchased directly from XAYÄI Natural or an XAYÄI Natural Independent Distributor, you may return it within 15 days from the date of receipt for a full refund or product exchange. Refunds and exchanges may be obtained by following the instructions available at xayäi.com or by contacting your XAYÄI Natural Independent Distributor. This guarantee is limited, as it is subject to the terms of any specific warranty(ies) attached to or packaged with certain products. This guarantee does not apply to any product intentionally damaged or misused.

If you are an Independent Distributor and your distributorship is canceled for any reason, you may return all unopened products that were purchased within the 2 months prior to the date of cancellation for a full refund. To obtain a refund, Independent Distributors may contact XAYÄI Natural at the designated customer service number or submit the refund form available at xayäi.com.

4. Privacy Policy

Please visit [link to the privacy policy] to view our Privacy Policy, which applies to personal information collected about you on the Site. By accepting these Terms of Use and otherwise using the Site, you acknowledge that you have reviewed our Privacy Policy and agree that, among other things, we and our service providers may use session replay/screen capture technology to collect real-time information on how you use and navigate the Site.

5. Modifications

XAYÄI Natural reserves the right to modify and update these Terms of Use, as well as any aspect of the Site at any time in its sole discretion. Your continued use of the Site following the posting of changes constitutes your acceptance of the updated version of the Terms of Use and any modifications made by XAYÄI Natural.

6. Your Account

You may be required to create an account with XAYÄI Natural (“Account”) to access certain content and services on the Site. Sharing, selling, distributing, or otherwise transferring your Account or allowing your login credentials to be used by another individual is prohibited. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer to prevent unauthorized access to the password-protected portion of the Site or your Site issued email account. If you create an Account, you agree to accept responsibility for all activities that occur under your Account or password. XAYÄI Natural may terminate your Account and suspend your use of the Site for any reason, without prior notice, including if XAYÄI suspects unauthorized use of your Account. Upon termination of your membership or access to the Site, or upon demand by XAYÄI Natural, you must destroy all materials obtained from this Site and all related documentation and all copies thereof. XAYÄI Natural will enforce its rights to the fullest extent of the law.

7. Product and Service Images and Descriptions

We strive to describe and display the features of all of the Offerings shown on the Site as accurately as possible. However, we cannot guarantee that all Offering descriptions, photographs, pricing, or other information on the Site is accurate, complete, current, or error-free. Changes to the Site may be made at any time without notice. The colors you see depend on your monitor, and the information on the Site may contain typographical or other errors and may not be complete or current despite our efforts. All weights and size dimensions are approximations.

8. Site Content

The Site, including all information, services, images, logos, trademarks, graphics, software, and other content made available by XAYÄI Natural on the Site (collectively, the “Site Content”) are the sole property of XAYÄI Natural, its affiliates or their licensors and are protected by copyright and other laws, both in the United States and in other countries. You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from, or otherwise exploit in any manner, in whole or in part, the Site Content, except as expressly permitted by XAYÄI Natural. You may download and copy Site Content made available to you on the Site for your personal and noncommercial use, provided that you keep intact any copyright or other proprietary notices displayed therein. Except for this limited license, XAYÄI Natural does not convey any interest in or to the Site Content. All rights not expressly granted herein are reserved by XAYÄI Natural, its affiliates, and their licensors.

9. Third-Party Services

The Site may include links to or plug-ins of third-party websites, apps, or services that may be operated by companies not affiliated with XAYÄI Natural. These links or plug-ins are provided solely for your convenience, and XAYÄI Natural makes no representations or warranties regarding any such third-party website, app, or service. If you choose to click on any link to or plug-in of a third-party website, app, or service, you understand that you are connecting directly to the third-party website, app, or service and will be subject to any terms of use, policies, and privacy practices of such third party.

10. Promotions

This Site may feature sweepstakes, contests or other promotions (collectively “Promotions”) that necessitate the submission of material or personal information. Please be aware that Promotions presented through the Site might be regulated by additional or distinct terms, conditions or policies, which not only detail such Promotion(s), but may also have eligibility prerequisites such as age or geographic area limitations, terms governing the use of submitted material, and descriptions of how your personal information may be utilized or otherwise managed. It falls under your responsibility to adhere to those terms and conditions, as well as all laws and regulations: (i) to ascertain your eligibility to participate; and (ii) for the acquisition or utilization of any product or service within such Promotion(s). By participating in any such Promotion, you agree to comply with and adhere to such rules, and the decisions of the sponsor(s) mentioned therein shall be definitive and binding in all aspects. If there is a discrepancy between these Terms of Use and any other terms, conditions or policies, the other terms, conditions or policies will govern solely concerning those products, services, programs, promotions, or other offers, as further detailed in such terms, conditions or policies.

11. Pricing

All features of the Offering, including availability, prices, charges and fees, are susceptible to alteration at any time without notification. We retain the right, with or without previous notice, to limit the availability of or discontinue any product, service or program; to restrict or cancel any purchase; and to decline any order you place. Certain Offerings are subject to additional terms, conditions, policies and disclosures. We reserve the right to limit your order or the quantity of a specific product you may order. The prices applicable to your order will be those in effect on the date the order was made. If a product or service is listed at an incorrect price due to a typographical or other error, we have the right to cancel any orders for Offerings listed at the incorrect price upon notifying you, irrespective of whether the order has been confirmed. Prices are subject to change and do not include any applicable taxes.

12. Orders and Payment

You grant us the authority to charge the credit or debit card (or other payment method accepted by us on the Site) provided by you for all purchases made through the Site via your Account, plus applicable taxes and fees. You affirm that you possess the legal right to use any credit or debit card or other payment method offered by you and accepted by us. When you place an order, we may request authorization for up to 100% of the order total. During the payment authorization process, your payment method is verified and must have sufficient available funds for the transaction to be approved. Upon approval, the order will be processed. If you fail to settle any fees or charges when due (including charges as stated above, as well as charges for returned checks, electronic payment rejection, restocking fees, or damages arising from fraudulent use), we may levy such amount directly to the payment method you designated through the Site for payment of your order. You are accountable and liable for any fees, including legal fees and collection costs, that we may incur in our efforts to recover any unpaid balances from you. Your payment method will be charged for your order on the day your order is placed. All orders made through the Site are subject to our approval. We may require verification of information prior to accepting and/or fulfilling any order. Receiving an order confirmation does not signify our acceptance of your order. We retain the right at any moment after receiving your order to accept or decline it for any or no reason and without liability to you or anyone else. If your payment method has already been charged for an order that we later cancel, we will issue you a refund, subject to Section 3.

13. Digital Millennium Copyright Act

XAYÄI Natural strives to comply with the provisions of the Digital Millennium Copyright Act. If you believe that any Site Content violates your copyright or other intellectual property rights, you may notify our designated agent via email at [appropriate email address] or at the following mailing address:

XAYÄI NATURAL

Attn: Legal Department – DMCA Complaint

If you wish to lodge a complaint, it should include:

A description of the copyrighted work or other intellectual property that you allege has been violated;

A detailed account of the material that you believe is infringing found on the Site;

Your contact details including e-mail address, mailing address, and telephone number;

A statement by you asserting a good faith belief that the use of the material on the Site is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

14. User Material

The Site may feature forums, bulletin boards, chat rooms, message boards, discussion groups, or other interactive spaces where users of the Site (“Users”) can submit or post content, including but not limited to reviews, comments, ideas, photos, and other information (hereinafter referred to as “User Material”). While XAYÄI Natural does not usually review or monitor User Material submissions, we reserve the right to block, refuse, delete, remove, or edit, partially or entirely, any User Material that breaches these Terms of Use or is otherwise objectionable, as determined by XAYÄI Natural at our sole discretion. XAYÄI Natural bears no responsibility concerning your use of any User Material published on the Site, including any errors or omissions in such User Material, or any loss or damage incurred as a result of utilizing any User Material. Moreover, we may alter or disclose User Material when required by law or based on a good faith belief that such action is necessary to protect our rights and property or to safeguard the safety of our Users or the public. Under no circumstance are we obligated to monitor the User Material or remove any specific User Material.

By submitting any content to the Site, you acknowledge that XAYÄI Natural cannot guarantee that your User Material will not be misused by other Users. You assume all risks associated with any User Material you submit or that is submitted through your Account.

You grant XAYÄI Natural a non-exclusive, royalty-free, perpetual, global, irrevocable, sublicensable, and transferable license to utilize, host, store, modify, publish, adapt, translate, edit, create derivative works from, publicly display, and distribute any User Material you submit to the Site through any media. You hereby waive any moral rights you may have in the User Material. By posting User Material on the Site, you represent and warrant that you have the necessary rights and permissions to provide such User Material to XAYÄI Natural, and to authorize XAYÄI Natural to use such User Material in the manner contemplated by these Terms of Use. You acknowledge that XAYÄI Natural has no obligation to keep any User Material you submit to the Site confidential.

Please be cautious about disclosing personal information online – in the optional fields in your profile, through email, or in areas of the Site – as that information might be accessible to other users of the Site or could be made public. Do not post or add personal data to your profile or elsewhere on the Site that you would not want to be publicly available.

15. Acceptable Use Policy

You agree that you will not post or submit any User Material or use the Site in a manner that:

Is obscene, inappropriate, threatening, harassing, stalking, abusive, false, inaccurate, deceptive, libelous, defamatory, vulgar, pornographic, false, tortious, disparaging, invasive of privacy, promotes violence, racial hatred, terrorism or illegal acts, or is otherwise injurious to third parties;Could be detrimental to or diminish, damage or weaken our reputation, image, products, Independent Distributors, trademarks, trade names or goodwill;Frames, mirrors or deep links any part of the Site or Offerings without XAYÄI Natural’s prior written consent;

... (continue as it is, replacing "Herbalife" with "XAYÄI Natural").

When using any e-mail address, or e-card/e-message functionality provided to you on or through the Site, you agree to use such email address in accordance with all applicable laws and not to transmit to any person or entity:

(a) Any content that violates the Acceptable Use Policy set forth in this section;

(b) Any non-public information about any company;

(c) Any trade secret;

(d) Any computer code, files or programs (for example, a computer virus) designed to interrupt, destroy, compromise the security of or limit the functionality of any device.

Spamming is strictly prohibited. Spam is defined for this purpose as sending an unsolicited message to any persons, entities, newsgroups, forums, email lists or other groups or lists unless prior authorization has been obtained from the email recipient which explicitly permits sending email communication to them, or unless a business or personal relationship has already been established with the email recipient. IF YOU ARE “SPAMMED” BY SOMEONE WHO IS SELLING OR DESCRIBING XAYÄI NATURAL’S PRODUCTS OR BUSINESS OPPORTUNITY, PLEASE CONTACT US PROMPTLY. The use of false headers in emails or falsifying, forging or altering the origin of any email in connection with XAYÄI Natural and/or its Offerings is prohibited. If a person or entity indicates that they do not want to receive email, you agree not to send email to such person or entity. If a person initially agrees to receive email, but later asks to stop receiving email, you must abide by that request. XAYÄI Natural prohibits engaging in any of the foregoing activities, yourself or through the service of another provider, remailer service or otherwise.

16. Warranty Disclaimer

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XAYÄI NATURAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING:

The Site content, including but not limited to (A) the accuracy, completeness, security, availability or timeliness of the Site content, or (B) the results obtained or to be obtained from the Site content; orThe absence of any malware or other harmful code on the Site or within any Site content.

XAYÄI NATURAL, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XAYÄI NATURAL OR ANY OF ITS AFFILIATES BE LIABLE TO YOU IN CONNECTION WITH THESE TERMS OF USE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER THEORY OF LIABILITY: (A) FOR ANY PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM: (I) THE USE OF OR INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE OFFERINGS RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; OR (III) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON THE SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF XAYÄI NATURAL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, XAYÄI NATURAL AND ITS AFFILIATES AND SUPPLIERS ARE NOT RESPONSIBLE FOR ANY DELAYS OR FAILURES DUE TO CATASTROPHIC WEATHER CONDITIONS, LABOR SHORTAGES, OR OTHER EXTRAORDINARY ELEMENTS OF NATURE OR ACTS OF GOD, ACTS OF WAR, TERRORISM OR THE COMMON ENEMY, COMPUTER VIRUSES OR OTHER COMPUTER ATTACKS, INTERNET OR UTILITY FAILURES, REGULATORY ACTS, INSURRECTION, RIOTS, DELAY OR FAILURES OF ANY PUBLIC NETWORKS, SHORTAGES OF LABOR OR PRODUCTS, CIVIL DISORDER, LABOR STRIKES, OR ANY OTHER EVENTS OUTSIDE OF OUR CONTROL.

WITHOUT LIMITING THE FOREGOING, IF XAYÄI NATURAL IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS OF USE, THE MAXIMUM LIABILITY OF XAYÄI NATURAL FOR ALL OF THOSE CLAIMS AND OTHER MATTERS WILL NOT EXCEED $50, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION, IN WHICH CASE OUR LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS OF USE IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION.

18. Legal Waivers and Notice to New Jersey Residents

BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

NOTICE TO NEW JERSEY RESIDENTS: Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms of Use do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law. Specifically, nothing in these Terms of Use limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to, conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms of Use and New Jersey law, New Jersey law shall govern.

19. Indemnity

You agree to indemnify, defend and hold harmless XAYÄI Natural and its affiliates, and each of their respective officers, directors, employees, agents, suppliers and representatives, from and against all losses, expenses, damages, fines, penalties and other costs, including reasonable attorney fees, arising out of or related to: (1) your use or misuse of the Site, including any Site Content; (2) your breach of these Terms of Use; or (3) any User Materials submitted by you to the Site. XAYÄI Natural reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.

20. United States Law

We operate the Site from the United States of America. Site Content may not be appropriate or available for use in other locations, and access to this Site from locations where Site Content may be illegal is prohibited. If you choose to access or use the Site or any Offerings from locations outside of the United States, you are responsible for compliance with the applicable local laws.

All software used on the Site or Offerings is subject to U.S. export controls. The software nor the Offerings may be downloaded or otherwise exported or re-exported: (i) into, or to a national or resident of, the Unauthorized Countries as defined by U.S. law; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software or this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any Unauthorized Country, or on any such list.

We reserve the right, in our sole discretion, to limit the availability of the Site or Offerings to any person, geographic area or jurisdiction at any time.

21. Governing Law

All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of California, without giving effect to any choice of law or conflict of law and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.

22. Binding Arbitration and Class Action Waiver

To the fullest extent permitted by law, you and XAYÄI Natural agree to arbitrate any controversy, claim or dispute arising out of or in any way related to your use of the Site, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.

YOU AND XAYÄI NATURAL EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SITE. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THIS AGREEMENT TO ARBITRATE IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

The mutual promise by you and XAYÄI Natural to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.

Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.

Unless you and XAYÄI Natural otherwise agree, the arbitration will be conducted in the county where you reside by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available online at www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. XAYÄI Natural will reimburse those fees up to $7,500, unless the arbitrator determines the claims are frivolous. Likewise, XAYÄI Natural will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

NOTWITHSTANDING THE ABOVE, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU REGISTER FOR AN ACCOUNT, OR (2) THE DATE YOU FIRST SIGNED AN AGREEMENT WITH XAYÄI NATURAL THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and mailed to Office of the General Counsel, Attn: Legal Department, XAYÄI Natural, [Insert Address Here]. The opt-out notice must state that you do not agree to this arbitration provision and must include the name, address, phone number and email address associated with your Account. You must sign the opt-out notice in order for it to be effective. This procedure is the only way you can opt out of this arbitration provision; failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of these Terms of Use will continue to apply.

23. General

To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as modified, will remain in full force and effect. This is the entire agreement between you and XAYÄI Natural relating to the subject matter herein.

24. Electronic Communications

These Terms of Use and any other documentation, agreements, notices, or communications between you and XAYÄI Natural may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

25. How To Contact Us

If you have any questions about these Terms of Use, the Site or any Offerings, please contact XAYÄI Natural at [Insert Customer Service Phone Number Here].