Terms of Service

Last updated: June 11, 2026

The Terms of Service contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you, us, or our Services. 

This website is operated by Pink Chicken, Inc. (“Pink Chicken”). Throughout the site, the terms “we”, “us” and “our” refer to Pink Chicken. Pink Chicken offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you agree to be bound by these Terms of Service.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.  Prices offered through the website may differ from prices offered at other locations.  Posted prices do not include taxes or charges for shipping and handling.  All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your confirmation email.  Further, while we strive to display accurate price information, we may on occasion make an inadvertent typographical errors, inaccuracies or omissions related to pricing and availability.  We reserve the right to correct any such errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrence.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS 

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

PRODUCT SAFETY AND INTENDED USE NOTICE: Our products are designed and intended for use by children in accordance with applicable safety standards, including those of the Consumer Product Safety Commission (CPSC) and applicable ASTM International standards. All products are intended for normal personal, household use consistent with their labeled age recommendations and care instructions. Pink Chicken makes no representation that products are suitable for any use other than their intended purpose as described in product listings. You agree to (i) follow all care, safety, and age-recommendation instructions accompanying any product; (ii) supervise minor children in the use of any product as appropriate; and (iii) promptly contact us at customerservice@pinkchicken.com if you believe any product presents a safety concern. Nothing in these Terms limits any rights you may have under applicable consumer product safety laws.

You agree to promptly discontinue use of any product subject to a recall, safety notice, or corrective action and to follow all instructions provided by Pink Chicken or applicable governmental authorities. Failure to follow safety instructions, warnings, age recommendations, or recall notices may result in injury and may affect available remedies to the extent permitted by applicable law.

SECTION 6 – SHIPPING

We will arrange for shipment of the products to you. You will pay for all shipping and handling costs as selected by you during the ordering process.  Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Title and risk of loss pass to you upon delivery to your delivery address.  Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.

SECTION 7 - PROMOTIONS

We may offer from time to time promotions on the site that may affect pricing where such promotions are governed by terms and conditions separate from these Terms of Service.  If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us even after we send you a confirmation email with your order number and details of the items you have ordered. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information, for accounts on which you are authorized to make purchases, for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns and Exchanges Policy.

SECTION 8A – ACCOUNT SECURITY

If you create an account on our Site, you are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You agree to: (i) choose a strong, unique password and not share it with any third party; (ii) notify us immediately at customerservice@pinkchicken.com of any unauthorized use of your account or any other breach of security; and (iii) ensure that you log out of your account at the end of each session, particularly when using shared or public devices. Pink Chicken will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to suspend or terminate any account that we reasonably believe has been compromised, is being used fraudulently, or is otherwise being used in violation of these Terms.

SECTION 8B – FRAUD PREVENTION

Pink Chicken reserves the right to refuse, limit, cancel, delay, or hold any order that we reasonably believe may involve fraud, unauthorized activity, abuse of promotions, resale activity, inventory manipulation, payment risk, or violations of these Terms. We may require additional verification before accepting or fulfilling any order. We shall not be liable for any resulting delay, cancellation, refusal, or account restriction.

SECTION 9 - RETURNS AND EXCHANGES

Pink Chicken offers a 100% happiness guarantee. If for any reason you are unhappy with your purchase, you can exchange or send it back within 21 days of purchase for a refund or store credit. All Sale items 30-70% off are final sale. No returns or exchanges can be made. All items below 30% off can be returned for store credit, or exchange only. To check size availability for an exchange email us at customerservice@pinkchicken.com or call 212-255-9090.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.  Therefore, we strongly recommend that you insure your return shipment against loss or damage and that you use a delivery method that utilizes proof of delivery.

Refunds are processed within approximately ten (14) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase through the site.

SECTION 10 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new products, services and/or features through the website (including, the release of new tools and resources). Such new features, products, and/or services shall also be subject to these Terms of Service.

SECTION 11 – THIRD-PARTY LINKS

Certain content, products and services available via our website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. By submitting, posting, uploading, tagging Pink Chicken in social media content, or otherwise providing content to us, you grant Pink Chicken a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, create derivative works from, and otherwise exploit such content in any media now known or later developed for marketing, advertising, promotional, commercial, or other lawful business purposes. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 13 – PERSONAL INFORMATION

Your submission of personal information through the Site — including information collected through cookies and other tracking technologies, information shared with third parties, your applicable U.S. state privacy rights (including the right to know, delete, correct, opt out of sale or sharing, and appeal), and all related data practices — is governed exclusively by our Privacy Policy, which is incorporated herein by reference. Our Privacy Policy is available at pinkchicken.com/policies/privacy-policy and at the footer of each page of our Site. In the event of any conflict between these Terms of Service and the Privacy Policy with respect to the collection, use, disclosure, or protection of personal information or the rights of data subjects, the Privacy Policy shall control. By using our Site, you acknowledge that you have read and agree to be bound by our Privacy Policy as it may be amended from time to time.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) use any robot, scraper, spider, artificial intelligence agent, automated purchasing technology, or similar technology to access, monitor, copy, harvest, extract, or purchase products from the Site without our express written permission; (m) bypass, interfere with, or attempt to circumvent inventory controls, purchasing limits, account restrictions, or other protective measures implemented by Pink Chicken. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses

SECTION 15A – INTELLECTUAL PROPERTY; BRAND PROTECTION

All content on this Site — including but not limited to text, graphics, logos, product images, button icons, audio clips, digital downloads, data compilations, and software — is the property of Pink Chicken, Inc. or its content suppliers and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws. The Pink Chicken name, logo, and all related product names, design marks, and slogans are trademarks or registered trademarks of Pink Chicken, Inc. You may not use any Pink Chicken trademark, trade name, or trade dress in connection with any product or service that is not ours, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Pink Chicken.

You are expressly prohibited from: (i) reproducing, copying, or distributing any content from this Site for commercial purposes without our prior written consent; (ii) scraping, data mining, or using automated tools to extract product descriptions, pricing, images, or any other content from this Site for competitive intelligence, resale, or any other commercial purpose; (iii) using any Site content, product information, pricing data, metadata, photographs, customer reviews, descriptions, trademarks, trade dress, or other materials to train, fine-tune, benchmark, validate, test, develop, improve, or operate any artificial intelligence, machine learning, large language model, computer vision system, or similar technology without our prior written consent; (iv) framing or mirroring any part of this Site without our express prior written authorization; or (v) creating derivative works based on our content or brand assets without our prior written consent. Any unauthorized use terminates the permission or license granted by Pink Chicken and may result in legal action. Pink Chicken expressly reserves all rights not granted herein.

If you believe that any content on our Site infringes your copyright or other intellectual property rights, please send written notice to: Pink Chicken, Inc., 307 7th Ave., Suite 1601, New York, NY 10001, Attn: Legal Department, or by email to customerservice@pinkchicken.com. Your notice must include: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the allegedly infringing material and its location on our Site; (iii) your contact information; (iv) a statement that you have a good-faith belief that the use is not authorized; (v) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner; and (vi) your physical or electronic signature.

SECTION 16 - DISCLAIMER OF WARRANTIES

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement..

SECTION 16A – SITE AVAILABILITY; SECURITY

Pink Chicken does not guarantee that the Site, any content, user account, or any functionality thereof will be available, uninterrupted, secure, error-free, or free from viruses, malware, or other harmful components. You acknowledge that access to the Site may be suspended, restricted, or terminated from time to time for maintenance, upgrades, security reasons, or causes beyond our reasonable control. To the fullest extent permitted by law, Pink Chicken shall not be liable for any damages arising from the interruption, unavailability, degradation, or compromise of the Site or any related systems.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Pink Chicken and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 – LIMITATION OF LIABILITY

In no case shall Pink Chicken, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Our sole and entire maximum aggregate liability to you for any and all claims arising under or related  to these Terms of Service or your use of the Site, for any reason and regardless of the form of action, shall not exceed the lesser of: (a) the total amount actually paid by you to Pink Chicken for products ordered through the Site in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. dollars (USD $100.00). This limitation is cumulative and not per incident. The foregoing limitations of liability are an essential element of the basis of the bargain between Pink Chicken and you; Pink Chicken would not provide the Site or the Service without these limitations. To the fullest extent permitted by law, Pink Chicken shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including damages for loss of profits, goodwill, business interruption, loss of data, or loss of use, even if foreseeable and even if a limited remedy fails of its essential purpose.

SECTION 20 – PAYMENT DISPUTES AND CHARGEBACKS

If you have a concern or dispute about a charge, you agree to contact Pink Chicken first at customerservice@pinkchicken.com or 212-255-9090 and allow us a reasonable opportunity to resolve the issue before initiating any chargeback or payment dispute with your card issuer or bank. You agree not to initiate a chargeback for any purchase that complies with these Terms of Service, including purchases that are subject to our Returns and Exchanges policy in Section 9. You acknowledge that initiating a chargeback in bad faith or for a purchase validly made under these Terms constitutes a breach of these Terms and may result in: (i) immediate suspension or termination of your account; (ii) referral to collections or legal action to recover the charged-back amount plus our costs; and (iii) reporting of the abusive conduct to relevant payment networks. We reserve the right to dispute any chargeback we believe to be made in bad faith and to submit all relevant transaction evidence to your card issuer.

SECTION 21 – RESALE; EXPORT

You represent and warrant that you are buying products from the site for your own personal or household use only, and not for resale or export.  You further represent and warrant that all purchases are intended for final delivery to an address located within a country or territory to which Pink Chicken offers delivery services. We reserve the right to refuse, limit, or cancel any order that we reasonably believe is intended for resale, export, or otherwise violates these Terms of Service.

SECTION 21A – FORCE MAJEURE

Pink Chicken shall not be liable to you or deemed in breach of these Terms of Service for any delay, failure to perform, or interruption of Service resulting from causes beyond our reasonable control, including but not limited to: acts of God; natural disasters; pandemic, epidemic, or public health emergency; war, terrorism, or civil unrest; governmental action, regulation, or order; fire, flood, earthquake, or other casualty; labor disputes, strikes, or work stoppages; failure of third-party suppliers, carriers, or vendors (including Shopify or payment processors); internet or telecommunications outages; or any other cause beyond our reasonable control (each, a “Force Majeure Event”). In the event of a Force Majeure Event, our obligations will be suspended for the duration of the event, and we will use commercially reasonable efforts to resume performance as promptly as practicable. If a Force Majeure Event prevents performance for more than sixty (60) days, either party may cancel any affected order and, in such case, Pink Chicken will issue a full refund for any prepaid amounts for products not yet delivered.

SECTION –22 - NO WAIVER

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Pink Chicken. 

SECTION 23 - ENTIRE AGREEMENT

These Terms of Service and any policies (including our Privacy Policy) or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23A – LIMITATION ON TIME TO BRING CLAIMS

YOU AND PINK CHICKEN AGREE THAT ANY CAUSE OF ACTION, CLAIM, OR DISPUTE ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE TERMS OF SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. This shortened limitations period applies to all claims regardless of their nature (contract, tort, statute, or otherwise), except: (i) claims by Pink Chicken to recover amounts owed for products or services purchased; (ii) claims that cannot be shortened by contract under applicable law; and (iii) claims arising under consumer protection statutes that expressly prohibit contractual shortening. This provision does not apply to residents of states where such contractual limitations periods are unenforceable as a matter of law.

SECTION –24 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction other than those of the State of New York. To the extent any dispute escapes or is excluded from arbitration under Section 25 (including applications for preliminary injunctive or other equitable relief), you consent to exclusive personal jurisdiction and venue in the state and federal courts located in New York County, State of New York, and waive any objection to such jurisdiction or venue based on inconvenient forum or otherwise. You further waive any right to a jury trial in any action, proceeding, or claim arising out of or related to these Terms of Service that is not subject to arbitration.

SECTION 25 – DISPUTE RESOLUTION

1. PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

By agreeing to these Terms, you and Pink Chicken agree to resolve most disputes through individual binding arbitration rather than in court. This means you both give up the right to sue in court or have a jury trial. However, nothing in this section prevents you from filing a complaint with a government agency or exercising any right that cannot be waived under California law.

What this covers: Any dispute related to these Terms, the Site, or any product or service purchased through the Site — regardless of whether the claim is based on contract, tort, fraud, or any other legal theory — must be resolved through final, binding arbitration on an individual basis.

Exceptions — the following are not subject to arbitration:

• Claims filed in small claims court

• Requests for injunctive or other equitable relief, where permitted by these Terms or applicable law

• Claims arising under the California Private Attorneys General Act (PAGA), which cannot be waived under California law

• Any other claims that cannot be subject to arbitration under applicable law

Class action waiver: You and Pink Chicken agree to bring claims only on an individual basis, and not as part of a class or representative action. However, to the extent any claim proceeds as a representative PAGA action, it may only be brought in court, not in arbitration.

This arbitration clause is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16). If any part of this arbitration agreement is found unenforceable under applicable law, that part shall be severed, and the remainder shall continue in full force and effect.

2. Prior to initiating arbitration, either party shall provide written notice of the dispute and allow the receiving party thirty (30) days to attempt to resolve the matter informally. No arbitration demand may be filed until the expiration of such period unless emergency equitable relief is sought.

3. The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 25. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

4. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

5. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

6. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within sixty (60) days of your purchase (this applies per transaction). The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

7. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR PINK CHICKEN WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

8. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

9. Notwithstanding the foregoing, Pink Chicken may seek temporary, preliminary, or permanent injunctive relief, equitable relief, or other remedies in any court of competent jurisdiction to protect its intellectual property rights, confidential information, trade secrets, or other proprietary rights.
   
   

SECTION 26 – NOTICES

We may provide any notice to you under these Terms of Service by (i) sending a message to the email address you provide or (ii) by posting to the Site.   Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon positing. 

To give us notice under these Terms of Service, you must contact us as follows: (i) email to customerservice@pinkchicken.com (effective upon our confirmation of receipt);, or (ii) by personal delivery, overnight mail, or certified mail to Pink Chicken, Inc., 307 7th Avenue, Suite 1601, New York, NY 10001, Attn: Chief Financial Officer .  We may update the address for notices to us by positing a notice on the Site. Notices provided by personal delivery will be effective immediately.  Notices provided by overnight mail will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.

SECTION 26A – ASSIGNMENT

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms of Service, by operation of law or otherwise, without our prior written consent, and any such purported assignment without consent will be void. Pink Chicken may freely assign, transfer, or delegate any of its rights or obligations under these Terms of Service without restriction, including in connection with a merger, acquisition, sale of assets, corporate reorganization, or operation of law. These Terms of Service shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

SECTION 27 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be modified to be enforceable to the maximum extent permitted under applicable law or, if the provision cannot be so modified, it shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 28 -- CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 28A – ELECTRONIC RECORDS AND SIGNATURES (E-SIGN)

By using this Site and checking any applicable checkbox or clicking “I Agree,” “Place Order,” or any similar button, you consent to: (i) entering into these Terms of Service electronically; (ii) receiving all required notices, disclosures, and communications from Pink Chicken in electronic form (via email or posting to the Site); and (iii) using electronic records and signatures to the fullest extent permitted by the Electronic Signatures in Global and National Commerce Act (ESIGN), 15 U.S.C. § 7001 et seq., and applicable state electronic transaction laws. You acknowledge that you have the hardware and software necessary to access electronic records and to print or save them for your own records. You may request paper copies of any electronic record by contacting us at customerservice@pinkchicken.com; we reserve the right to charge a reasonable fee for paper copies.

SECTION 29 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customerservice@pinkchicken.com.