Terms & Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Ziba Beauty. The collective work includes works that are licensed to Ziba Beauty. Copyright 2003, Ziba Beauty ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Ziba Beauty or purchasing Ziba Beauty products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Ziba Beauty or to purchase Ziba Beauty products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Ziba Beauty. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Ziba Beauty used in the site are trademarks or registered trademarks of Ziba Beauty


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Ziba Beauty disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Ziba Beauty does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Ziba Beauty does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Ziba Beauty shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Ziba Beauty has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Ziba Beauty product is mistakenly listed at an incorrect price, Ziba Beauty reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Ziba Beauty reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Ziba Beauty shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Ziba Beauty without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Ziba Beauty may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Ziba Beauty.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Ziba Beauty products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Ziba Beauty products) must be commenced within one (1) year after the claim or cause of action arises. Ziba Beauty's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ziba Beauty may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Ziba Beauty or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Ziba Beauty does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Ziba Beauty is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Ziba Beauty reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Ziba Beauty in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Ziba Beauty, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Ziba Beauty may link to sites operated by third parties. However, even if the third party is affiliated with Ziba Beauty, Ziba Beauty has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Ziba Beauty. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Ziba Beauty seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

 

 

 

 

OFFICIAL RULES FOR ONLINE COMPETITION

NO PURCHASE NECESSARY TO ENTER OR WIN.

A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF

WINNING.

Contest Rules

 

The contest:  Write a write a review on any product on listed at www.zibabeauty.com and be automatically entered to win a full set of color contrast pencils.

Drawing dates are:  10/14, 10/21, 10/28, 11/4

Notification Method: Winners will be notified by email.

Submission:  Reviews are submitted on www.zibabeauty.com in the ratings and review section found at the bottom of each product page. Submissions are automatically sent to the webmaster, and posted daily.  By submitting a review, you are entered to win.  Email address required to post a review.

All reviews are subject to reposting on social media, promotional materials (print/store loop etc) and via eblast.  By posting a review, you agree to the terms and conditions of the giveaway. (see below)

Introduction: Ziba, Inc (”Sponsors”) is offering the Online Sweepstakes (”Sweepstakes”). NO PURCHASE NECESSARY.  A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.  VOID WHERE PROHIBITED.

2. Eligibility: Entrant must a resident of the fifty (50) United States and the District of Columbia. Residents of AK, HI, MA, MI, NC, NY, RI, and WI are NOT eligible. In the following states, a resident must be a member of the associated group to be eligible:

Employees of Sponsors, the Sponsors’ parents, subsidiaries, affiliated companies, and agents and the immediate family (defined as parents, spouse, children, siblings, grandparents) of each such employees, and all those with whom such employees are domiciled, are NOT eligible.

3. Timing: Sweepstakes begins at 12:00:01 a.m. E.T. on October 1st and ends at 11:59:59 p.m. E.T. on November 1st, 2013. A weekly winner will be announced on or around 10/14,10/21,10/28,11/4

4. How to Enter: Visit http://www.zibabeauty.com and fill out a review. information. Individuals may enter this Sweepstakes by filling out the online review form only once. More than one entry from any person or e-mail address will void all entries from that person or e-mail address. Entries may also be received by completing a lead card directly with a Ziba Beauty Employee.

5. Drawing: This Sweepstakes will have four (4) drawings and four (4) prize winners. Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements. For the prize, a potential winner will be selected in a random drawing from all entries received on or before the entry deadline.  The drawing will be conducted on dates listed above, by Sponsors, whose decisions are final and binding in all matters relating to the Sweepstakes. Odds of winning depend on the number of eligible entries received. Potential winners will be notified by e-mail or mail on or after the drawing date.  If a potential winner cannot be contacted within seven (7) days after the first attempt to contact such potential winner, an alternate entrant will be selected in his or her place at random from all entries received.

6. Prizes: The following prizes will be awarded: 4 Full set of contrast pencils.  Approximate Retail Value of Set: $143.  Sponsors are not responsible for lost or mutilated prizes and none will be replaced. Prize is nontransferable and must be accepted as awarded. No cash or other substitution may be made, except by Sponsors in the event that the prize cannot be awarded for any reason, in which case, Sponsors will provide a prize of equal or greater value. All fees and surcharges on prizes are the sole responsibility of winner. Winner is responsible for all taxes on prizes, including federal, state and local income taxes on the value of the prizes.

7. Other Terms and Conditions: Entrants further grant to Ziba Beauty the right to use and publish their proper name and state online and in print, social media or via any other media, in conjunction with the giveaway. Acceptance of a prize constitutes permission for Ziba Beauty and their advertising and promotional agencies to use winner's name and likenesses for advertising and promotional purposes without additional compensation unless prohibited by law. By entering, participants release and hold harmless Ziba Beauty, its parents, subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the giveaway or any prize won. Any information shared with Ziba Beauty will be held subject to the Ziba Beauty Privacy Policy. Potential winners and any guests who will share in the prize will each be required to sign and return an Affidavit of Eligibility, Liability Release, and where lawful, a Publicity Release, within fourteen (14) days of notification, failing which the potential winner will be disqualified and another winner selected in the place of the disqualified person at random from all entries received. If any prize or prize notification is returned as non-deliverable, the potential winner will be disqualified and another potential winner will be selected in the original potential winner’s place. By accepting the prize, the winner agrees that the Sponsors and those acting under the Sponsor’s authority, may use winner’s name, picture/portrait likeness and/or voice, for advertising and promotional purposes without further consideration, unless prohibited by law. BY ACCEPTING THE PRIZE, THE WINNER AGREES THAT THE SPONSORS, THEIR SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THE SPONSOR’S OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES OR PRIZE RELATED ACTIVITY. Subject to all federal, state and local laws. Void where prohibited.

8. Miscellaneous: All entries become the sole property of Sponsors and none will be returned. In the event of a dispute, entries made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsors with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. If for any reason the Sweepstakes is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsors reserves the right in their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsors on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in the Sweepstakes. Sponsors are not responsible for late, lost, illegible, incomplete, stolen, or misdirected entries. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Use of Information: The collection and use of entrant information will be governed by Sponsor’s online privacy policy, available for viewing at http://www.zibabeauty.com/bottomlinks/privacy-policy/10.Winners List: A complete list of prize winners will be available at http://www.zibabeauty.com on or about November 15th, 2013.


11. Sponsors: The Sponsor of this Sweepstakes is Ziba, Inc located at 17832 Pioneer Boulevard, Artesia, CA 90701.

 

 

 

 

Terms & Conditions for Memberships

 

Description of Services, Facilities and Hours of Access: This is a service membership agreement. This membership agreement entitles you to receive unlimited Eyebrow/Upper Lip/Unlimited Eyebrow & Upper Lip/ Unlimited Threading Services (CIRCLE ONE) services during regular business hours. The Art of Threading® is a state of the art system of hair removal that features the ancient technique of using cotton thread to remove facial hair quickly and precisely from the follicle.

 

RELEASE OF LIABILITY - ASSUMPTION OF RISK - -SIGNATURE - AGREEMENT TERM

 

Using Ziba Beauty’s  (Ziba) facilities, services, or activities involves the risk of injury to you or your guest, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries. In consideration of your acceptance of the benefits under this agreement, you understand and voluntarily accept this risk and agree that Ziba, its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to you, or guests, resulting from any negligence of Ziba or anyone on Ziba’s behalf or anyone else whether related to threading or not. You agree to indemnify, defend and hold Ziba harmless against any liability, damages, defense costs, including attorneys fees, or from any other costs incurred in connection with claims for bodily injury, or property damage caused by your negligence or other wrongful acts or omissions. You further agree to hold harmless, defend and indemnify Ziba from all liability, damages, defense costs, including attorneys fees, or from any other costs incurred in connection with claims for bodily injury, or property damage brought by you, your guests, or minors, even if Ziba was negligent. Further, you understand and acknowledge that Ziba does not manufacture threading or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that Ziba is providing recreational services and may not be held liable for defective products. By signing below, you acknowledge and agree that you have read the foregoing and know of the nature of the activities at Ziba and you agree to all the terms of this agreement and acknowledge that you have received a copy of it. 

 

1. PARTIES

Ziba, Inc. (Ziba) and you agree that by signing this agreement, you purchased a membership for Threading services, agreed to all the terms in this agreement, and agreed to follow Ziba 's membership policies and any studio rules.

 

2. MEMBERSHIP

 

2(a). Nature of Membership: Your membership permits you to use Ziba 's premises, facilities, equipment and services as shown and limited by the membership identified on page 1. Your membership is non-transferable by you and gives you no rights in Ziba, its management, property or operation. Ziba may close . Ziba may assign or transfer your membership in its sole discretion. Ziba can sell memberships at different rates and terms than yours. Any special promotional membership or rate regarding privileges, usage, hours, or facilities is valid only at the studio of enrollment, unless otherwise noted. It is your responsibility to notify Ziba of any change in your address or phone number.

 

 

2(b). You further acknowledge and agree that (1) Ziba reserves the right to charge an extra fee and/or extra dues for your use of any studio not included in your type of membership or for any studio with additional services and/or amenities than those offered at the time you enrolled; (2) the total number of studio at your access level may either increase or decrease in the future and nothing in this agreement shall be construed as a guarantee that your access level will always provide you access to either a certain number of visits , or to specific artists ; (4) Ziba 's designation of membership fees shall be at its sole and absolute discretion and may be based upon a variety of factors, including without limitation costs and expenses, services, equipment, location, studio size, studio age, renovations, amenities, trends and market; (5) Ziba  may open new , close studios, change the designation of studios and/or create new designations of studios; (6) Ziba  may exclude certain studios (including without limitation future studios, studios with higher costs or expenses, studios in certain markets, or other studios with special circumstances) from your all studio access benefits even if those studios may appear comparable to the studios at your access level; and (7) no two Ziba  studios are exactly alike and to understand the size, amenities, services and features of a particular studio, you will need to visit the studio.

 

3. FINANCIAL POLICY & NOTICES

3(a). Dues & Fees: You agree to pay the dues and fees on page 1 and 2. If you are under 18, Ziba requires an adult to authorize payment. Whether or not you use the services, you must still pay your monthly dues and non-use of the facility or  services is not a basis for refund of prepaid dues. You agree to pay Ziba a fee for any returned check, or other non-payments, such as for insufficient funds, closed account, frozen or declined credit or similar circumstances. The current fee is $15.00, but is subject to change at Ziba 's discretion without prior notice.

 

3(b). Automatic Monthly Deductions: At any time, you can change the method of payment you have designated by updating your information in person at a Studio. Please allow up to 5 days from the day Ziba receives your request for the change to take effect. If there is an error in an amount billed under this Agreement, you must notify us within 30 days after the date the EFT debit or credit card charge was made, or we will not be obligated to re-credit your account.

 

3(d). Automatic Monthly Payment Failure: If we are unable to process an EFT/RCC monthly charge for any reason, your membership or agreement privileges will be immediately suspended. You will have 30 days from the date we are unable to process the EFT/RCC monthly charge to reinstate your membership or privileges agreement by providing a valid EFT/RCC authorization. Upon reinstatement, all your past due amounts, including a $15 fee (as described in Section 3(a)) will be electronically deducted using the newly authorized EFT/RCC. If you do not provide a valid EFT/RCC authorization within the 30 days, your membership will be terminated "for cause" by Ziba and the terms of the "Termination for Cause by Ziba " paragraph in Section 6 will apply; you will not receive a refund of any initiation fees or of first and last month's dues.

3(g). Delivery of Notices and Communications Related to This Agreement and Your Membership: With respect to communications regarding any amounts you owe Ziba, you also agree that Ziba may contact you on your home phone and on any cell phone number that you provide to Ziba  and that such contact may be by or artificial message, text message or other means. You may change your primary e-mail address, phone number or other contact information, or withdraw your consent to receive Notices electronically by contacting Ziba at (562 402-5131 ext 254. There is no fee if you withdraw your consent to receive Notices electronically.

 

4. REPRESENTATIONS

4(a). Limited Use: If you know or should know you have any problem that might prevent you from using all of Ziba 's facilities and you sign this agreement, you agree that your membership is limited accordingly. However, because it's your choice, you still must pay your dues as if you could use all the facilities.

4(b). Liability for Property: Ziba is not liable to you or your guest for any personal property that is damaged, lost, or stolen while on or around Ziba 's premises including, but not limited to, a vehicle or its contents or any property left in a locker. If you or your guest cause any damage to Ziba 's facilities, you are liable to Ziba for its cost of repair or replacement.

4(c). Entire Agreement & Enforcement: You acknowledge that neither Ziba, nor anyone else, made any representations or promises upon which you relied that are not stated in this agreement. Handwritten changes to this agreement are not valid. This document contains the entire agreement between you and Ziba , and replaces any prior agreements, representations or promises by or between you and Ziba , whether written or oral, with respect to the subject matter of this agreement (as this agreement is described in the upper right hand corner of page 1).

5. CANCELLATION - TERMINATION - REFUND

5(a). Cancellation Rights & Refund. You may cancel this agreement and receive a refund of unused prepaid dues or unused fitness services if you qualify as follows:

5(b)(1). You Are Disabled or You Die: Your disability must physically prevent you from using the studio's facilities and a licensed physician must verify this fact in writing. In case of death, your estate must provide written evidence. 

5(b)(2). You Move: Your new residence must be more than 25 miles from your studio of enrollment and Ziba must be unable to transfer your membership to a comparable facility within 25 miles of your new residence. You must provide written evidence of your move. If there is a comparable studio within 25 miles of your new residence, your membership will be transferred to that studio and you are not entitled to a refund. If Ziba is unable to transfer your membership, Ziba  will refund your unused prepaid dues or unused fitness services.

5(b)(3). Military Deployment: If you are a member of the United States military, including a member of the National Guard, military reserves, or regular United States armed forces, who is serving on active duty and deployed or otherwise serving outside of this state during the term of this agreement. You must provide written evidence of your deployment within 90 days after you receive notice of such deployment or service outside the state

 5(b)(4). Notice & Effective Date: You or your estate must send written notice and proof of the event within 30 days after it happens, unless specifically stated otherwise in this agreement. Cancellation is effective as of the date of the event. If your notice is late or lacks proof, Ziba may set the effective date when Ziba  receives the notice. Such notice shall be sent to: Ziba, Inc 17832 Pioneer Blvd, Artesia, CA 90701

 

5(c). Termination for Cause by Ziba : Ziba  may, at its option, terminate your membership if (1) you fail to complete all signature lines and required initial blocks, (2) you fail to make timely payments under any payment plan, (3) any monthly payments or dues are late, (4) the monthly EFT payments or dues are interrupted or discontinued for any reason and you or your cosigner do not provide an acceptable alternative, (5) you fail to follow any of Ziba 's membership policies or studio rules or violate any part of this agreement, or (6) your conduct is improper or harmful to the best interest of Ziba  or its members. Termination is effective on the date Ziba mails a written notice to your last known address. You are liable for all financial obligations until that date.

5(d). Termination without Cause by Ziba : Ziba  reserves the right to terminate your membership for any reason not stated above and if not prohibited by law. If Ziba does so terminate your membership, it will mail a termination notice to you and refund any unused prepaid dues.

5(e). Termination on Studio Closure: If Ziba cannot transfer your membership upon a permanent studio closure to another studio within 10 miles of your studio of enrollment, this agreement ends 30 days later. As such, you will not have to pay further monthly dues and Ziba will refund any unused prepaid dues. You are not entitled to a refund if Ziba can transfer your membership to another studio within 10 miles of your studio of enrollment.

5(f). Effect of Termination & Financial Obligation: Upon cancellation or termination and after the required notice period, your right to use Ziba 's facilities ends after all paid dues including last month's dues have expired and Ziba can deny you access to any or all Ziba studios. If you owe Ziba money when your membership ends, you still owe the money, and Ziba will deduct it from any refund you might have coming. If there is not enough money to cover the debt in the refund, you must pay the balance. If your prepaid membership expires and you want to rejoin, you must buy a new membership at the then current rate.

 

6. APPLICABLE LAW

This Agreement and/or any legal action related to your Ziba membership shall be governed by, construed and enforced in accordance with the laws of the California, without reference to choice of law principles. Exclusive venue for any legal action related to this Agreement or your Ziba membership shall be brought in any federal or California court where the Agreement was executed ('Applicable Courts'). 

 

7. LIMITATION OF LIABILITY

Unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.

8.AGREEMENT TO ARBITRATE--INCLUDING WAIVER OF CLASS ACTION AND JURY RIGHTS

8(a). Agreement to Arbitrate All Disputes Except Personal Injury and Small Claims Disputes

IN THE EVENT OF ANY DISPUTE (OTHER THAN (1) ONE THAT INVOLVES PERSONAL INJURY OR (2) ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU AND ZIBA, (ZIBA , AS USED IN THIS PROVISION, INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), YOU AND ZIBA WAIVE YOUR RIGHT TO A JURY TRIAL AND CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT COMMERCIAL DISPUTE RULES OF THE AMERICAN ARBITRATION ASSOCIATION ('AAA') IN A LOCATION NEAR YOUR STUDIO OF ENROLLMENT, RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND Ziba ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IN ADDITION, 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 ZIBA IS A PARTY TO THE PROCEEDING.

IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MAY OPT OUT. IN ORDER TO OPT OUT OF THIS ARBITRATION PROVISION, YOUMUST NOTIFY ZIBA IN WRITING THAT YOU DO NOT WANT TO RESOLVE DISPUTES WITH Ziba BY ARBITRATION, SUCH NOTICE SHOULD BE DELIVERED BY MAIL TO Ziba, INC 17832 PIONEER BLVD, ARTESIA, CA 90701, WITHIN 90 DAYS OF THE DATE YOU SIGN THIS AGREEMENT.

8(b). Fees and costs: Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement. If the value of the relief sought is $10,000 or less, at your request, ZIBA will pay all filing, administration, and arbitrator fees associated with the arbitration. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ZIBA will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse ZIBA for all fees associated with the arbitration paid by Ziba on your behalf, which you otherwise would be obligated to pay under AAA's rules.

8(c). Arbitrator will resolve any issues over application or enforcement of this clause: The arbitrator, and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable.

8(d). Severability and Survival: 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 Section 9 will be null and void. This arbitration agreement will survive the termination of your relationship with Ziba.