ARBITRATION AGREEMENT; CLASS ACTION WAIVER; JURY TRIAL WAIVER

HERPTIVARIUS, LLC

EFFECTIVE DATE: DECEMBER 2025

LAST UPDATED: DECEMBER 2025

SUPREMACY; INCORPORATION; GOVERNING AUTHORITY: THIS ARBITRATION AGREEMENT IS EXPRESSLY INCORPORATED INTO AND GOVERNED BY THE HERPTIVARIUS, LLC TERMS & CONDITIONS AND IS STRICTLY SUBORDINATE THERETO. THIS ARBITRATION AGREEMENT IS INTENDED TO BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND, WHERE APPLICABLE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. IN THE EVENT OF A CONFLICT BETWEEN THIS ARBITRATION AGREEMENT AND ANY OTHER POLICY, THE TERMS & CONDITIONS AND THIS ARBITRATION AGREEMENT CONTROL WITH RESPECT TO DISPUTE RESOLUTION PROCEDURE.

AGREEMENT TO ARBITRATE: BY ACCESSING, BROWSING, OR USING ANY HERPTIVARIUS, LLC WEBSITE, COMMUNICATING WITH HERPTIVARIUS, LLC, PLACING ANY ORDER, SUBMITTING ANY BID, OR OTHERWISE DOING BUSINESS WITH HERPTIVARIUS, LLC, YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY OF ANY KIND BETWEEN YOU AND HERPTIVARIUS, LLC SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND NOT IN COURT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

DISPUTES COVERED: THIS ARBITRATION AGREEMENT APPLIES TO ALL CLAIMS OR DISPUTES ARISING OUT OF OR RELATING TO YOUR USE OF OUR WEBSITE, PRODUCTS, SERVICES, POLICIES, COMMUNICATIONS, TRANSACTIONS, SHIPPING, GUARANTEES, RETURNS, PAYMENTS, ADVERTISING, PRIVACY, CONTENT, OR ANY OTHER INTERACTION WITH HERPTIVARIUS, LLC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EXCEPT AS EXPRESSLY STATED BELOW.

INFORMAL RESOLUTION REQUIREMENT: BEFORE INITIATING ARBITRATION, YOU MUST PROVIDE WRITTEN NOTICE OF THE DISPUTE AND A GOOD-FAITH OPPORTUNITY TO RESOLVE IT INFORMALLY. THE NOTICE MUST INCLUDE YOUR NAME, ORDER IDENTIFIER IF APPLICABLE, A CLEAR DESCRIPTION OF THE ISSUE, AND THE RELIEF REQUESTED, AND MUST BE SENT TO LEGAL@HERPTIVARIUS.COM. IF THE DISPUTE IS NOT RESOLVED WITHIN A REASONABLE PERIOD AFTER RECEIPT OF COMPLETE NOTICE, EITHER PARTY MAY INITIATE ARBITRATION.

INDIVIDUAL ARBITRATION ONLY; CLASS ACTION WAIVER: ALL ARBITRATION PROCEEDINGS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. YOU AND HERPTIVARIUS, LLC EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING AGAINST THE OTHER, WHETHER IN COURT OR IN ARBITRATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT INDIVIDUAL PARTY’S CLAIM.

JURY TRIAL WAIVER: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND HERPTIVARIUS, LLC EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO HAVE A DISPUTE HEARD IN A COURT OF LAW, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

SMALL CLAIMS OPTION: EITHER PARTY MAY ELECT TO BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IF AND ONLY IF THE CLAIM QUALIFIES AND REMAINS IN SMALL CLAIMS COURT AND IS BROUGHT ON AN INDIVIDUAL BASIS. IF THE CLAIM IS TRANSFERRED, APPEALED, OR MODIFIED SO THAT IT NO LONGER QUALIFIES FOR SMALL CLAIMS COURT, THEN THE DISPUTE SHALL BE RESOLVED BY BINDING ARBITRATION TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INTELLECTUAL PROPERTY AND INJUNCTIVE RELIEF: NOTWITHSTANDING THE FOREGOING, HERPTIVARIUS, LLC MAY SEEK INJUNCTIVE OR EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT OR STOP UNAUTHORIZED USE, MISAPPROPRIATION, OR INFRINGEMENT OF ITS INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION, BRAND ASSETS, OR SECURITY SYSTEMS, OR TO PRESERVE THE STATUS QUO PENDING ARBITRATION. THIS LIMITED EXCEPTION DOES NOT WAIVE THE REQUIREMENT THAT ALL OTHER CLAIMS BE RESOLVED THROUGH ARBITRATION AS SET FORTH HEREIN.

ARBITRATION ADMINISTRATION AND RULES: UNLESS HERPTIVARIUS, LLC DETERMINES OTHERWISE IN WRITING, THE ARBITRATION SHALL BE ADMINISTERED BY A RECOGNIZED ARBITRATION PROVIDER UNDER ITS APPLICABLE CONSUMER OR COMMERCIAL ARBITRATION RULES, AS APPROPRIATE TO THE NATURE OF THE DISPUTE. IF THE DESIGNATED PROVIDER IS UNAVAILABLE OR REFUSES TO ADMINISTER THE ARBITRATION, THE PARTIES SHALL MUTUALLY SELECT A SUBSTITUTE PROVIDER, OR A COURT MAY APPOINT AN ARBITRATOR CONSISTENT WITH APPLICABLE LAW.

LOCATION AND FORMAT: THE ARBITRATION MAY BE CONDUCTED BY DOCUMENT SUBMISSION, BY TELEPHONE, BY VIDEO CONFERENCE, OR IN PERSON AS DETERMINED BY THE ARBITRATOR CONSISTENT WITH APPLICABLE RULES AND DUE PROCESS. THE DEFAULT VENUE FOR ANY IN-PERSON HEARING SHALL BE IN OR NEAR THE COMPANY’S PRINCIPAL OPERATING REGION UNLESS THE ARBITRATOR DETERMINES AN ALTERNATIVE FORMAT OR LOCATION IS REQUIRED BY APPLICABLE LAW OR FAIRNESS CONSIDERATIONS.

FEES AND COSTS: FEES AND COSTS SHALL BE ALLOCATED IN ACCORDANCE WITH THE APPLICABLE ARBITRATION PROVIDER RULES AND APPLICABLE LAW. EACH PARTY IS RESPONSIBLE FOR ITS OWN ATTORNEYS’ FEES UNLESS A FEE-SHIFTING STATUTE OR OTHER APPLICABLE LAW AUTHORIZES AN AWARD OF FEES, IN WHICH CASE THE ARBITRATOR MAY AWARD FEES AS PERMITTED BY LAW.

ARBITRATOR AUTHORITY AND LIMITATIONS: THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS VOID OR VOIDABLE, EXCEPT WHERE APPLICABLE LAW RESERVES SUCH DETERMINATIONS TO A COURT. THE ARBITRATOR MAY AWARD ANY INDIVIDUAL RELIEF THAT WOULD OTHERWISE BE AVAILABLE IN COURT, SUBJECT TO THE LIMITATIONS AND WAIVERS IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW.

GOVERNING LAW FOR SUBSTANCE OF DISPUTES: EXCEPT AS PREEMPTED BY THE FEDERAL ARBITRATION ACT OR OTHER APPLICABLE FEDERAL LAW, THE SUBSTANTIVE LAW GOVERNING ANY DISPUTE SHALL BE THE LAW DESIGNATED IN THE TERMS & CONDITIONS, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SEVERABILITY AND SURVIVAL: IF ANY PORTION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE REMAINDER SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND ANY UNENFORCEABLE PORTION SHALL BE MODIFIED OR SEVERED ONLY TO THE MINIMUM EXTENT NECESSARY TO MAKE IT ENFORCEABLE. IF THE CLASS ACTION WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REMEDY, THEN THAT CLAIM OR REMEDY SHALL BE SEVERED AND PROCEEDED ON INDIVIDUALLY IN ARBITRATION WHERE PERMITTED, OR IN COURT ONLY TO THE LIMITED EXTENT REQUIRED BY LAW. THIS ARBITRATION AGREEMENT SURVIVES TERMINATION OF ANY RELATIONSHIP, COMPLETION OF ANY TRANSACTION, AND ANY REFUND, CHARGEBACK, OR DISPUTE OUTCOME.

CONTACT FOR DISPUTE NOTICE: LEGAL@HERPTIVARIUS.COM