Terms of Service

OVERVIEW

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION (SEE SECTION 21) AND A CLASS ACTION WAIVER (SEE SECTION 22) THAT AFFECT YOUR LEGAL RIGHTS.

Last Updated: June 26, 2026

This website is operated by Brooklinen, Inc. (“we,” “us,” “our,” or “Brooklinen”). We offer this website, including all information, tools, and services, conditioned upon your acceptance of the terms, conditions, policies, and notices stated here.

By visiting our site or purchasing from us, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service” or “Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink. If you are located outside the United States and place an order for delivery to an international destination, your order may also be subject to the Passport Terms and Conditions set forth in Schedule 1 below, which govern international sales and shipping through Passport Global Inc. These Terms apply to all site users, including browsers, vendors, customers, merchants, and content contributors.

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. If you do not agree to all terms and conditions of this agreement, you may not access the website or use any services. Your use of the site constitutes acceptance of these Terms.

Any new features or tools added to the site shall be subject to these Terms of Service. We reserve the right to update, change, or replace any part of these Terms by posting updates 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., which provides us with the online e-commerce platform to sell our products and services to you. By using our site, you acknowledge that your data may be processed by Shopify in accordance with its terms of service and privacy policy. We are not responsible for Shopify’s handling of your data or any service interruptions caused by Shopify’s platform.

SECTION 1 - ONLINE STORE TERMS

1.1 - 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, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

1.2 - You may not use our products or Services 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, export control laws, and consumer protection laws).

1.3 - You must not transmit any worms, viruses, trojan horses, malware, spyware, ransomware, or any other code of a destructive, malicious, or harmful nature.

1.4 - A breach or violation of any of the Terms will result in immediate termination of your access to the Services, without prejudice to any other rights or remedies available to Brooklinen.

SECTION 2 - GENERAL CONDITIONS

2.1 - We reserve the right to refuse service to anyone for any reason at any time, in our sole and absolute discretion.

2.2 - 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.

2.3 - 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.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

3.1 - 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.

3.2 - 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

4.1 - Prices for our products are subject to change without notice.

4.2 - We reserve the right at any time to modify, suspend, or discontinue the Service (or any part or content thereof) with or without notice, temporarily or permanently. We shall have no liability to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

5.1 - Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

5.2 - 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.

5.3 - We reserve the right, but are not obligated, to limit the sales of our products or Services 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 or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

5.4 - 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. Your sole remedy for dissatisfaction with products is governed by our Return Policy.

5.5 - We monitor return activity for abuse and reserve the right to limit returns associated with a user whom we suspect of abusing this Return Policy. This includes but is not limited to users who exhibit a pattern of repeated and/or excessive returns or otherwise exhibit fraudulent behavior.

5.6 - In the rare event that Brooklinen determines there has been an abuse of the return policy, Brooklinen will no longer accept returns or exchanges, even for orders still within their return window. Abuse includes, but is not limited to, return frequency, return volume, and fraudulent return attempts. If your account has been identified as a return policy abuser, you may still make purchases, but those purchases will no longer be eligible for return or exchange. If you attempt to make a return or exchange, your item(s) will be refused and/or mailed back to you. Brooklinen is not financially responsible for any return-ineligible items returned to us and not sent back.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

6.1 - We reserve the right to refuse any order you place with us. 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 change or cancel an order, we may attempt to notify you by contacting the email 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. Any order placed through the Site is an offer to purchase, which we may accept or reject in our sole discretion.

6.2 - You agree to provide current, complete and accurate purchase and account information 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.

6.3 - For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

7.1 - We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

7.2 - 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. Your use of such tools is governed solely by the terms provided by the third-party provider(s).

7.3 - 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).

7.4 - We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

8.1 - Certain content, products and services available via our Service may include materials from third-parties.

8.2 - 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 of such websites and 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. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK.

8.3 - We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third party.

SECTION 9 - USER COMMENTS, RATINGS, REVIEWS, FEEDBACK AND OTHER SUBMISSIONS

9.1 - By submitting any ratings or reviews to Brooklinen, you represent and warrant that: (i) you are the sole author and owner of the intellectual property rights thereto; (ii) all “moral rights” that you may have in such ratings or reviews have been voluntarily waived by you; (iii) all ratings or reviews you submit are accurate; (iv) you are at least the age of majority in the jurisdiction in which you reside; and (v) use of the ratings or reviews you supply does not violate these Terms and will not cause injury to any person or entity.

9.2 - You further agree and warrant that you shall not submit any ratings or reviews: (i) that are known by you to be false, inaccurate, or misleading; (ii) that infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (iii) that violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (iv) that are, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation; (v) for which you were compensated or granted any consideration by any third party; (vi) that include any information that references other websites, addresses, email addresses, contact information, or phone numbers; or (vii) that contain any computer viruses, worms, or other potentially damaging computer programs or files.

9.3 - 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, feedback, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Feedback that you forward to us. You hereby grant Brooklinen a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any media. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond, review, or implement any Feedback.

9.4 - We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service. We reserve the right to remove any content without prior notice.

9.5 - You represent and warrant that your comments, ratings, reviews, Feedback and other submissions will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further represent and warrant that your content will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus, malware, or other harmful code that could affect the operation of the Service or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any content. You are solely responsible for any content you submit and its accuracy. WE ASSUME NO LIABILITY FOR ANY CONTENT POSTED BY YOU OR ANY THIRD PARTY.

SECTION 10 - COMMUNICATIONS

10.1 - By placing an order on Brooklinen.com, you consent to receive electronic communications from Brooklinen (e.g., via email or by posting notices to our website). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

10.2 - By providing your mobile phone number to us through our website or in connection with your order, receipt or use of our product(s), you consent to receive calls or text messages at any such phone number sent by or on behalf of Brooklinen, including autodialed calls and/or text messages, for operational or transactional purposes, such as updates on the delivery status of your order of our Product. If you wish to receive marketing or promotional communications from Brooklinen via SMS or text message, please review and agree to our separate SMS Marketing Terms of Service, which governs your consent to receive marketing text messages, message frequency, data rates, and opt-out procedures.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

11.1 - Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or 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 is inaccurate at any time without prior notice (including after you have submitted your order). We are not obligated to honor any incorrect pricing. Submission of an order does not guarantee acceptance of that order.

11.2 - 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 12 - PROHIBITED USES

12.1 - 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, worms, Trojan horses, ransomware, spyware, 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 without authorization; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to engage in unauthorized commercial activities, including resale of products purchased for personal use; (m) to access or use the Service through automated means, including bots, scripts, or similar technology, without our express written consent; or (n) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses, without notice or liability to you.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

13.1 - YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS, SERVICES, INFORMATION, AND CONTENT PROVIDED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

13.2 - TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BROOKLINEN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

13.3 - BROOKLINEN DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

13.4 - ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

13.5 - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BROOKLINEN, ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BROOKLINEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL BROOKLINEN’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS EXCEED THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO BROOKLINEN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (II) ONE HUNDRED DOLLARS ($100.00). THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SECTION 14 - INDEMNIFICATION

14.1 - You agree to indemnify, defend, and hold harmless Brooklinen and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, losses, damages, costs, expenses, and liabilities (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your use of, or conduct in connection with, the Service; (b) your violation of these Terms of Service or any applicable law or regulation; (c) your violation of any rights of any third party, including intellectual property, privacy, or publicity rights; (d) any content or information you submit, post, or transmit through the Service; (e) your negligence, willful misconduct, or fraud; or (f) any dispute between you and any third party. You agree to cooperate fully with Brooklinen in the defense of any claim. Brooklinen reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any claim without Brooklinen’s prior written consent.

SECTION 15 - SEVERABILITY

15.1 - In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. The unenforceable portion shall be deemed modified to the minimum extent necessary to make it enforceable while preserving the parties’ original intent.

SECTION 16 - TERMINATION

16.1 - The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes, including without limitation any obligations relating to payment, indemnification, warranty disclaimers, and limitations of liability.

16.2 - 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.

16.3 - 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 may terminate this agreement immediately without notice. Upon termination, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof). All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

SECTION 17 - ENTIRE AGREEMENT

17.1 - The failure of Brooklinen to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Brooklinen.

17.2 - These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede all 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). No waiver by Brooklinen of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

17.3 - Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

18.1 - 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, United States, without regard to its conflict of law principles.

SECTION 19 - CHANGES TO TERMS OF SERVICE

19.1 - You can review the most current version of the Terms of Service at any time at this page.

19.2 - 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. Material changes will be indicated by updating the “Last Updated” date at the top of these Terms. 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 constitutes acceptance of those changes.

SECTION 20 - PRE-ARBITRATION CLAIM RESOLUTION

20.1 - For all disputes between you and Brooklinen, you must first give Brooklinen an opportunity to resolve the dispute by writing us at hello@brooklinen.com and providing the following information: (1) your full name, (2) your address and email address, (3) a written description of your claim, expressly including any available documentation supporting or otherwise evidencing your claim that is in your possession or available to you through a third party, and (4) a description of the specific relief you seek, the damages and/or injury you suffered, and a calculation for any such damages (a “Dispute Notice”). Each Dispute Notice is limited to a single dispute between you and Brooklinen. As such, your dispute and the disputes of other parties may not be combined into a single Dispute Notice.

20.2 - Within 60 days after receiving a complete Dispute Notice, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the dispute between you and Brooklinen (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Brooklinen will participate in the Conference through one or more representatives, which may include our counsel.

20.3 - Both you and Brooklinen agree that the foregoing dispute resolution procedure (the “Pre-Arbitration Claim Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation or otherwise filing any claim against the other party. If any aspect or requirement of the Pre-Arbitration Claim Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by applicable law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the dispute.

SECTION 21 - ARBITRATION

21.1 - To the extent you cannot resolve any dispute through the Pre-Arbitration Claim Resolution Procedure described above, any dispute between you and Brooklinen relating to these Terms shall be resolved through binding individual arbitration. You agree that the arbitration of any dispute or claim shall be conducted in accordance with the Commercial Rules of the American Arbitration Association (the "AAA"), as modified by these Terms and Conditions. The AAA Rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at (800) 778-7879. You and Brooklinen agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. The seat, or legal place, of any arbitration will be New York County, New York, but hearings may be held in a reasonably convenient location in the jurisdiction in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

21.2 - In addition to the AAA Rules, you and Brooklinen agree that upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. For the avoidance of doubt, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.

21.3 - You covenant not to sue Brooklinen in any forum other than as permitted herein. Discovery and appeal rights in arbitration are generally more limited than in a lawsuit, and other rights available in court may not be available in arbitration. You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site, purchase of Products, or these Terms:

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION INVOLVING ANY SUCH DISPUTE; AND

YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

SECTION 22 - CLASS ACTION WAIVER

22.1 - YOU AND BROOKLINEN AGREE THAT ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU AND BROOKLINEN EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. Unless both you and Brooklinen agree otherwise in writing, the arbitrator or court may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and proceed in a court of competent jurisdiction, while the remaining claims shall proceed in arbitration. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BROOKLINEN WAIVE THE RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

SECTION 23 - PRIVACY POLICY

23.1 - Your use of the Service is also governed by Brooklinen’s Privacy Policy available here, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read, understood, and agree to be bound by the Privacy Policy.

SECTION 24 - CONTACT INFORMATION

24.1 - Questions about the Terms of Service should be sent to us at hello@brooklinen.com.

PASSPORT TERMS AND CONDITIONS - SCHEDULE 1

1 - You are shopping on a merchant’s website (the “Merchant”).

2 - If you place a Qualifying Customer Order, the Product(s) will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required to complete your order will be shared with Passport and its agents and contractors to enable Passport to fulfill your order.

3 - Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all applicable terms. By placing a Qualifying Customer Order, you understand and agree that:

3.1 - You are dealing with and providing your information to Passport, which may contact you regarding your order.

3.2 - If there is a pricing error on the Merchant’s website or in order processing, Passport and its agents may contact you, correct the price, and/or cancel your order without liability.

3.3 - The Merchant remains responsible for handling payment for your order.

3.4 - Once your payment is processed, ownership in the items will shift from Passport, to you.

3.5 - Certain addresses will be ineligible for shipment, such as PO box addresses.

3.6 - PASSPORT MAY REFUSE SERVICE, DECLINE TO PROCESS OR COMPLETE ORDERS, REMOVE OR EDIT CONTENT, OR CANCEL ORDERS FOR ANY REASON OR NO REASON, IN ITS SOLE AND ABSOLUTE DISCRETION, WITHOUT LIABILITY TO YOU.

3.7 - If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

3.8 - You authorize Passport and its agents and contractors to: (i) act as your agent to make and file customs declarations and related actions as your direct representative, including completing documents, amending product or Harmonized System codes, and paying any duties, taxes, or penalties required under applicable law; (ii) act as forwarding agent for customs purposes to designate a customs broker for clearance and entry; and (iii) redirect orders to your customs broker or other address upon request by any person Passport reasonably believes to be authorized. YOU ASSUME ALL RISK AND LIABILITY FOR CUSTOMS DECLARATIONS AND IMPORT/EXPORT COMPLIANCE.

4 - Currency. You may select your preferred payment method and currency from available options at checkout. Currency values may vary, and the actual purchase price may differ based on the currency selected. Passport is not responsible for any currency conversion fees or exchange rate fluctuations.

5 - Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

6 - Shipping. Items may be shipped via single or multiple shipments. If items are shipped via multiple shipments or your order is partially filled, you will only be charged for items actually shipped. PASSPORT IS NOT LIABLE FOR DELAYS, LOSS, OR DAMAGE DURING SHIPPING.

7 - Chargebacks, Fraud Prevention and Void Transactions. Passport may use fraud prevention protocols, policies, and industry-standard verification systems to reduce fraud and minimize chargeback risks. You must comply with such protocols, including card authentication and address verification. Once an order is placed, you may not change authenticated payment information or verified addresses. Any transaction processed despite a declined authorization will be void. YOU ARE SOLELY RESPONSIBLE FOR ANY FRAUDULENT ACTIVITY ON YOUR ACCOUNT.

8 - Customer Service and Returns. Questions or complaints should be directed to the Merchant first. Passport may work with the Merchant to resolve issues. The Merchant may allow returns or refunds in accordance with its policy. Passport may refuse any return if restrictions apply. YOUR SOLE REMEDIES ARE AGAINST THE MERCHANT, NOT PASSPORT. Where a return is authorized, Passport may return items to the Merchant and provide credit notes accordingly. You authorize Passport and its agents to act on your behalf and recover any import duties and taxes for their own account. You agree to sign any documents reasonably required to facilitate returns and duty recovery.

9 - General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:

9.1 - Compliance with Applicable Laws. You certify that Products purchased will not be imported, exported, sold, or transferred in violation of any applicable laws, including U.S. Export Administration Regulations, U.S. sanctions administered by the Treasury Department, and equivalent laws of England, Wales, or the EU. You are solely responsible for knowing the import laws of your destination country. By placing a Qualifying Customer Order, you certify compliance with all applicable import laws. YOU INDEMNIFY AND HOLD HARMLESS PASSPORT FROM ANY CLAIMS ARISING FROM YOUR VIOLATION OF EXPORT OR IMPORT LAWS.

9.2 - Privacy. To complete your order, you will provide personal information to the Merchant and Passport. You consent to such information being collected, used, processed, disclosed, and stored by the Merchant, Passport, and their service providers as required to process your order, in accordance with the applicable Privacy Policies. PASSPORT ACCEPTS NO LIABILITY FOR THE COLLECTION, USE, OR STORAGE OF YOUR PERSONAL INFORMATION BY THE MERCHANT OR ITS SERVICE PROVIDERS. The Merchant and Passport may analyze aggregated, de-identified transactional data to enhance customer experience and services.

9.3 - Electronic Communications. By placing a Qualifying Customer Order, you consent to transact electronically and to receive communications from Passport via email or other electronic means.

9.4 - Modifications. Passport may modify its systems, policies, and these Terms and Conditions at any time without prior notice. The current version will be presented with each Qualifying Customer Order. You are responsible for reviewing the Terms before each order. Placing an order after any modification constitutes acceptance of the modified Terms.

9.5 - Severability. If any provision of these Terms and Conditions is found invalid, void, or unenforceable, that provision will be severed without affecting the validity of the remaining terms, which shall remain in full force and effect.

9.6 - Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought exclusively in the courts of California, United States. You irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to venue or inconvenient forum.

9.7 - Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.

9.8 - Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:

(A) - It is an order for Product or Products placed via the Merchant’s website which are to be transported from:

• a third country or territory, excluding Northern Ireland (“NI”), to an address in a Member State of the EU (e.g. USA to France);

• a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g. Germany to England); or

• a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and

(B) - In relation to the transport of a Product or Products to an address:

• in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and

• in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.