Terms and Conditions for the Ivory Ella Membership Program
Last Updated: February 27, 2020
The terms and conditions set forth below ("Terms and Conditions") apply to the Ivory Ella
Membership Program (“Membership Program”). These Terms and Conditions are between you
(“Member” or “you”) and Ivory Ella, LLC (“Ivory Ella”, “Company”). By registering for, joining
or using the Membership Program, you hereby consent to enter into an electronic agreement and
for Ivory Ella to send to you electronic communications about your Membership Program
membership (“Membership”), as further set forth below, and you hereby agree to these Terms
found here: ivoryella.com/pages/privacy-policy
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS
FURTHER SET FORTH IN THE “GOVERNING LAW; ARBITRATION” SECTION BELOW,
REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS,
OR CLASS ACTIONS OF ANY KIND.
Members’ Acceptance of Terms
By participating in the Membership Program, each Member agrees to the terms and
conditions, rules, regulations, policies and procedures of the Membership Program,
including these Terms and Conditions and the provisions below dealing with mandatory
arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is
responsible for remaining knowledgeable about the Membership Program Terms and Conditions.
Company reserves the right to disqualify, and revoke the memberships of, Members who have
violated any of the Membership Program Terms and Conditions.
Company’s Right to Change/Cancel Membership and/or Terms
Company may, at its discretion, alter, limit or modify the Membership Program structure or any
other feature of the Membership Program. Company reserves the right to change or modify these
Terms and Conditions or terminate the Membership Program at any time, for any reason, without
prior notice. Company will post any additional Membership Program details and updates to the
Membership Program (including these Terms and Conditions) here and then update the “Last
Updated” date above. Company may also email you about any such changes. To the fullest
extent permitted by applicable law, if you continue to use your Membership after we change
these Term and Conditions, or if you do not cancel your Membership as described below, you
will be indicating your acceptance of such changes. If any change to these Terms and Conditions
is for any reason found invalid, void or unenforceable, such change is severable and will not
affect the validity and enforceability of any remaining change or any other provision of these
Terms and Conditions. If you do not agree to the changes to the Terms and Conditions, you may
stop using your Membership Program benefits and cancel your Membership without cost,
penalty or cancellation indemnity (as described below).
The Membership Program is open to U.S. residents at least 18 years of age within the continental
United States. Membership is limited to individuals only and is limited to one account per
individual. Membership will not be available to corporations, businesses, charities, partnerships,
enterprises or anyone other than an individual, unless written approval is received in advance
from Company, in its sole discretion. Without limiting the foregoing, the Membership Program
benefits cannot be used in conjunction with employee discounts, preferred friends discount or
corporate or institutional discounts, if any. Members are not permitted to purchase products for
the purpose of resale, rental, or to ship to their customers or potential customers using these
Membership Program Fee
THE FEE FOR THE IVORY ELLA MEMBERSHIP PROGRAM (THE “MEMBERSHIP
FEE”) IS FIFTY DOLLARS (USD $65.00) PER YEAR, PLUS ANY APPLICABLE TAXES,
AND IS NON-REFUNDABLE.
ON OR ABOUT THE ANNUAL ANNIVERSARY OF YOUR SIGN-UP DATE (UNLESS
YOU CANCEL YOUR MEMBERSHIP), YOU WILL BE NOTIFIED VIA EMAIL AND
GIVEN THE OPTION TO RENEW YOUR MEMBERSHIP FOR AN ADDITIONAL
IF YOU WISH TO CANCEL YOUR MEMBERSHIP, YOU MAY DO SO BY ADJUSTING
YOUR ACCOUNT SETTINGS HERE ivoryella.com/account/login OR EMAILING THE COMPANY AT
THE FOLLOWING EMAIL: [email protected]
YOU MAY OPT-IN TO RECEIVE MEMBERSHIP RENEWAL REMINDERS VIA EMAIL
BY ADJUSTING YOUR ACCOUNT SETTINGS HERE ivoryella.com/account/login. IF YOU HAVE
OPTED-IN TO EMAIL REMINDERS, WE WILL SEND YOU A RENEWAL REMINDER
THREE (3) DAYS PRIOR TO THE EXPIRATION OF THE THEN-CURRENT
MEMBERSHIP TERM. IF YOU RESIDE IN A STATE WHERE SPECIFIC RENEWAL
NOTIFICATIONS ARE REQUIRED, YOU WILL RECEIVE A RENEWAL REMAINDER
VIA EMAIL WITHIN THE APPLICABLE TIMEFRAME REQUIRED BY LAW IN YOUR
STATE. RENEWAL NOTIFICATIONS WILL INCLUDE INSTRUCTIONS ON HOW TO
CANCEL YOUR MEMBERSHIP TO AVOID ANY FUTURE CHARGE.
Except as expressly set forth in these Terms and Conditions or otherwise required by applicable
law, paid Membership Fees are non-refundable. If you decide to cancel your Membership, your
Membership will automatically expire at the end of your then-current Membership term.
Members Program Benefits
The Membership Program is a paid membership program that, subject to these Terms and
Conditions and applicable law, provides members of the Membership Program with the
• 20% off all purchases of either full-price or sale Ivory Ella items (excluding Surprise
• Free standard shipping on all orders within the continental United States. This offer
cannot be applied to previous purchases and cannot be redeemed for cash. Free shipping
will be automatically applied at checkout. Terms of offer are subject to change;
• Early access to new arrivals and sale events;
• Access to exclusive members-only products throughout the year;
• Quarterly newsletter with Save the Elephants updates;
• Exclusive customer service line and email for priority service;
• $25 gift-card on your birthday;
• Exclusive members-only graphic tee; and
• Free tote bag or key chain.
Individuals can enroll by creating a membership account at ivoryella.com/products/membership-program. Members must
provide complete and accurate enrollment information. Company reserves the right to refuse
membership to any customer who does not follow the enrollment procedures. Members should
promptly advise Company of any changes to their personal account contact information, such as
name, address, telephone number(s) and/or email address, by visiting ivoryella.com/account/login and updating
their Member account.
By registering, joining or using the Membership Program, you are consenting for Company to
send to you electronic communications about the Membership Program and your Membership.
Unless Member has opted out of receiving marketing or promotional communications, Company
will communicate with Members about marketing and promotions via mail, email, and other
channels, including about exclusive Member promotions, new arrivals, offers and more.
Company will also use these channels to notify Members about Membership Program changes
and more at Company’s discretion. If you subsequently wish to opt out and withdraw your
consent to receive future electronic communications, you must unsubscribe from each service
you have elected to receive in order to completely withdraw your consent to receive electronic
communications, by adjusting your account settings here ivoryella.com/account/login or emailing the
company at the following email: [email protected]
Any withdrawal of your consent to
electronic communications will be effective only after we have a reasonable period of time to
process such withdrawal request. Please note that even if you opt out of receiving marketing or
promotional communications, Company may continue to send you non-marketing or non-
promotional emails, such as those about your account or our ongoing business relations.
Right to Terminate/ Revoke
We may terminate your membership at our discretion without notice. If we do so, we will give
you a full refund of your annual Membership Fee. However, Company reserves the right to
revoke the membership of any Member in the Program without notice and/or revoke any or all
benefits the Member may be entitled to, if in the sole opinion of Company, a Member abuses any
of the Membership Program privileges, fraudulently uses the Membership Program, fails to
comply with these Terms and Conditions or any applicable law, or otherwise earns benefits
through deception, forgery and/or fraud.
Membership Program benefits or Member accounts may not be merged, transferred, purchased,
sold, assigned, auctioned or traded, including by death or as part of a domestic relations matter.
Doing so will void the Member account.
These Terms and Conditions, the relationship between you and the Company, and Company’s
Membership Program, shall be governed by, construed and enforced in accordance with the laws
of the State of New York, without giving effect to any conflict of law provisions.
MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS.
ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR
COMPANY’S MEMBERSHIP PROGRAM, INCLUDING CLAIMS BASED ON STATE OR
FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN
NEW YORK, NEW YORK. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE
PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE
ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED
AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS
AGREEMENT, COMPANY AND MEMBER UNDERSTAND AND AGREE THAT THEY
ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND
MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL
BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS,
CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT
APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO
VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE
COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY
STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. MEMBER CONSENTS TO
EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
Limitation on Damages
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY IS
NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR ANY OTHER DAMAGES UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR
RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO MEMBERS’
PARTICIPATION IN THE MEMBERSHIP PROGRAM. THIS APPLIES EVEN IF
FORESEEABLE OR EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NEW JERSEY, THIS LIMITATION APPLIES ONLY TO CLAIMS
BASED ON BREACH OF WARRANTY.
UNLESS OTHERWISE REQUIRED BY LAW OR COMPANY’S AGREEMENTS WITH
YOU, NEITHER COMPANY, NOR ANY OF COMPANY’S OR ITS AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, OR AGENTS WILL BE
LIABLE TO YOU, OR ANYONE MAKING A CLAIM ON YOUR BEHALF, IN
CONNECTION WITH (A) ANY TERMINATION OF, CHANGE IN, OR SUSPENSION OF
THE MEMBERSHIP PROGRAM; (B) ANY CLAIM RELATING TO PRODUCTS
PURCHASED USING ANY BENEFITS OBTAINED THROUGH THE MEMBERSHIP
PROGRAM; (C) ANY LOSS, DAMAGE, EXPENSE OR INCONVENIENCE CAUSED BY
ANY OCCURRENCE OUTSIDE OF COMPANY’S CONTROL; OR (D) ANY TAXES THAT
YOU INCUR AS A RESULT OF RECEIVING ANY MEMBERSHIP PROGRAM BENEFITS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABE LAW, BY AGREEING TO
THESE TERMS AND CONDITIONS, YOU WILLINGLY AGREE THAT YOU HAVE
RELINQUISHED YOUR RIGHT TO SEEK DAMAGES FROM THE MEMBERSHIP
PROGRAM PROVIDERS AS SET FORTH HEREIN, AND THAT SUCH LIMITATION
REFLECTS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES; ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms and Conditions, including all documents referenced herein, represent the entire
understanding between you and Ivory Ella with respect to the Membership Program, and
supersede any other agreements, statements or representations with respect to the Membership
Program. Headings used in these Terms and Conditions are for reference only, and shall not
affect the meaning of any terms. Any Member of the Membership Program is deemed to have
As between you and Ivory Ella, all Membership Program materials, including all designs, texts,
graphics, logos, button icons, images, audio clips, software, and the compilation thereof
(including the selection, arrangement and assembly thereof) is the exclusive property of Ivory
Ella, and is protected by United States and international copyright and other intellectual property
laws. Unless otherwise indicated on a particular part of the Membership Program materials, you
are granted permission solely to electronically copy and print portions of the Membership
Program materials for the sole purpose of using the Membership Program materials for your
personal, non-commercial use, subject to these Terms and Conditions. Any other use of any
Membership Program materials (including any reproduction, modification, distribution,
republishing, transmission, display or performance) without the prior written permission of Ivory
Ella is strictly prohibited.
For all questions about the Membership Program or your Membership, please contact us at