Deckers Outdoor Corporation, including its subsidiaries (referred to as "we," "us," "our," or "Deckers" below), represent the UGG®, HOKA®, Teva®, Ahnu®, and Koolaburra by UGG® brands for ecommerce and digital experiences. Our business changes constantly, so you should check this website frequently for changes or updates.

Your use of this website, all other websites, mobile sites, services, applications, platforms and other tools where these Terms and Conditions of Use (the “Terms and Conditions of Use” or the “Terms”) appear or are otherwise referenced (collectively, the “website”) as well as any visits to our stores or other interactions with Deckers (collectively and with the website, the “Service”) are subject to and you agree to these Terms and Conditions of Use, our Privacy Policy, and our Cookies Policy. We may modify these Terms and Conditions of Use from time to time, so please check back often. We reserve the right to update or modify these Terms at any time, upon notice to you in writing to the last address provided, by email, by posting on the Site, or by any other reasonable means in our sole discretion. We also reserve the right, at any time, to modify or update our Privacy Policy in the same manner. If you do not agree to these Terms and Conditions of Use or any revision, you must immediately stop using this website.

We reserve the right to withdraw or amend the Service without notice. We will not be liable if, for any reason, the Service is unavailable at any time, or for any period of time. From time to time, we may restrict access to some parts of or the entire Service. We reserve the right to suspend, restrict, or terminate your access to the Service at any time without notice.

These Terms contain an arbitration provision. Please review the Arbitration section for details. You are waiving important rights, including the right to a jury trial (except for residents of Canada). If you do not agree to these Terms or any revision you must immediately stop using the Service.

Intellectual Property, Copyright, and Trademarks
Except for User Content, as defined below, all text, graphics, logos, button icons, images, photos, audio clips, videos, software, scripts, codes, designs, downloads, and any other content present on the website or as part of the Service is the property of Deckers or others we license content from, and is subject to various United States and international copyright, trademark, patent and other intellectual property laws. Copyrights, trademarks or trade dress of Deckers and may not be used without our written permission. Such items include our name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Deckers products, services, and programs. You do not acquire a license or any ownership rights to any trademarks, services marks, or tradenames through your access or use of the Service. Your use of our content is limited to the electronic copying and printing of site pages for personal, non-commercial reasons (e.g., printing an order confirmation page or other purposes related to ordering or shopping for merchandise). Without the explicit written permission of Deckers, any other use of our content (including linking and framing) is strictly prohibited. We strictly prohibit: any collection or commercial use of any photographs or other materials published on the website; any non-personal use of our product names, listings, descriptions, or prices; any derivative use of the website; any downloading, copying, or other use of the website or any materials on the website for the benefit of any third party; or any use of data mining, robots, data gathering and extraction tools whether automatic or

manual, or other means not purposely made available by us, including to develop or improve any software program, algorithm, or machine learning or artificial intelligence model. We reserve the right to take measures to prevent any such activity. You may use the website only as permitted by law and these Terms. All rights not expressly granted to you in these Terms are reserved and retained by us and our suppliers and licensors. Any licenses granted by us to you automatically terminate if you do not comply with these Terms.

Posting Content on our Website
As part of the Service, Deckers allows you to post photos, videos, comments, and other content on certain parts of our Service (“User Content”). You represent that you have the right to post your User Content, and grant Deckers a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content you post, including the likeness of any person who appears in the User Content, or any concepts or ideas contained in your User Content. Deckers is not responsible for User Content others post on the Platform.

Deckers may provide blogs as a way for you to find out about what is going on with our products and to share comments with us and with other users. We do not pre-screen comments before they go up and therefore are not responsible for their content; however, we will edit or remove material when we feel it is necessary to do so and have been given notice of unsuitable or unlawful content. Posting a comment is simple: no registration with the website is required – just enter your name and a valid email address. Though we encourage you to make use of our blog feature, we do not necessarily endorse content posted by users. We want to make the blog as much yours as possible, but there are some guidelines we ask that you consider when posting a comment.

What to avoid:

1. Language that could be perceived as offensive, libelous, defamatory, indecent, harmful, harassing, infringing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, profane, sexually explicit, or sexually/racially/culturally/ethnically offensive;
2. Personally identifiable information, such as an email address, physical address, IM screen name, or phone number;
3. Advertising or commercial content that solicits products or services;
4. Junk mail, chain letters, and spam;
5. Impersonating information (be yourself);
6. False, misleading, inaccurate, fraudulent, or deceptive content;
7. Information that is in violation of local, state, federal, or international law;
8. Viruses; and
9. Content intended to obtain passwords or account/private information from other users.

You agree that you will not:

1. Use the website in any way that may lead to the encouragement, procurement, or carrying out of any criminal activity, or to promote any business, products, or services;
2. Use foul, threatening, or offensive language including, without limitation, defamatory, libelous, racist, sexist, ageist, homophobic, or sexually explicit language;
3. Distribute illegal, copyright infringing, advertising, indecent, or offensive material, or transfer files that contain viruses, Trojans, or other harmful programs; or
4. Use the website for any purpose other than your personal use.

Copyright Policy
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

• Your address, telephone number, and email address.

• A description of the copyrighted work that you claim has been infringed.

• A description of where the alleged infringing material is located.

• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.  If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

• Your physical or electronic signature;

• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

• Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Errors and Inaccuracies
Deckers attempts to be as accurate as possible. However, though it is our priority to provide you with complete, current, and accurate information, our Service may contain content that is subject to human and/or technological errors (e.g., typographical errors, inaccuracies, omissions, etc.). This content may include information related to pricing, descriptions, and availability, as well as material that is incomplete or outdated. Deckers does not warrant that product descriptions or

other content is accurate, complete, reliable, current, or error-free. If a product is offered by Deckers itself is not as described, your sole remedy is to return it in an unused condition. Deckers reserves the right to correct such information, even after an order has been placed. We may change or update information without prior notice at any time. Consequently, we apologize for any inconvenience that such errors may produce.

Unknown Credit Card Charges
Please keep in mind the following for unknown charges:

1. A bank has placed an authorization hold for recently canceled or changed orders. When you place an order, Deckers contacts the issuing bank to confirm the validity of the payment method. Your bank reserves the funds until the transaction processes or the authorization expires, but this is not an actual charge. If you cancelled your order, the authorization will be removed from your account according to the policies of your bank. To remove an authorization, contact your bank to clarify how long they hold authorization for online orders.
2. An order was placed by a family member, friend, or co-worker with access to your card number.
3. Additional cards are associated with the credit or debit account.
4. A backordered or pre-ordered item shipped.
5. A gift order shipped.
6. An order was split into multiple shipments or sent to multiple shipping addresses.
7. An order was shipped before a failed charge. In this circumstance we will attempt to contact the customer up to two times. After two business days with no response, we will attempt to charge the open balance to the card on file.

Shipping Errors
If your order states delivered but you did not receive it, then a claim must be submitted to our company for this issue. We will not refund or replace the item without an open claim with our company. These orders may be subject to a completed investigation with the shipping carrier. No refund or replacement will be issued until the investigation is completed in full. The average time for an investigation is ten business days.

Required State Disclosures
The following disclosures are required notifications to customers with a shipping address in one of the following locations:

• For customers shipping into the state of Alabama, United States effective October 1, 2019:

  • Seller has collected the simplified sellers use tax on taxable transactions delivered into Alabama and the tax will be remitted on the customer’s behalf to the Alabama Department of Revenue.

  • Seller’s program account number is SSU-R010392257

Website Access and Contents
Access to a Service and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair, or for reasons beyond our control. We have made every effort to display the products featured as accurately as possible. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, may greatly affect the colors you actually see on the screen. Deckers cannot be held responsible for any

limitations of your monitor and cannot guarantee that your monitor's display of any color, texture, or detail of merchandise will be accurate/the same as the actual product.

Browsing Session Information
We use technologies that maintain records of your browsing session, chats, and other activities on the website. These technologies may include session replay that maintains a record of your browsing sessions interactions with the website, chat providers that maintain a transcript of your chats, cookies, pixels, and other tracking technologies that share some of your interactions with the website, as well as other technologies that collect and share your interactions with the website. We use this information for quality control, customer service, fraud prevention and security, and marketing purposes and in accordance with our Privacy Policy.

No Confidentiality
We do not wish to receive any confidential or proprietary information through our Service other than the information required from you to place an order (please refer to our Privacy Policy). By submitting other information to us, you grant us license to use it in any way, without compensation. We will not use your name other than in the course of providing services to you unless required to do so by law, or unless you have provided us with your permission to do so.

Children
Deckers does not sell products for purchase by children; we sell children's products for purchase by adults. If you are under 18, then please consult your parent or guardian before proceeding to use the website since they will need to place the order on your behalf.

Privacy Policy
Please see our Privacy Policy which contains important information about the use of your personal data and other information regarding your privacy.

Cookie Policy
Please see our Cookies Policy which contains important information about our use of cookies on our respective websites.

Ecommerce Returns Policy and Procedures
Please see our eCommerce Returns Policy and Procedures which contains important information about the return of products purchased on this website.

Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Deckers, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your negligent, wrongful, unauthorized, or malicious use of Content, use of the Service, conduct in connection with the Service or with other website users, or any violation of these Terms and Conditions of Use, any law or the rights of any third party.

Disclaimer of Liability

THIS SERVICE AND ALL CONTENT AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR

IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE SERVICE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT DECKERS AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICE.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DECKERS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR THE CONTENT OF THE WEBSITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DECKERS AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT DECKERS OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SERVICE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

No Waiver/Severability
Failure of Deckers to take any action if you breach these Terms and Conditions of Use shall not be construed as a continuing waiver or relinquishment of such right to take action. Deckers will still be entitled to use our rights and remedies in any situation where you breach these Terms and Conditions of Use. Except for the Mass Arbitration Process Requirements section, if any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition. However, if a Claim is part of a Mass Arbitration, and any part of the Mass Arbitration Process Requirements section is found to be invalid, void, or unenforceable, the Arbitration Agreement & Waiver of Certain Rights, including the Mass Arbitration Process Requirements section, shall be severed in its entirety.

Applicable Law
You agree that the following laws shall govern the conditions of use and any disputes that may arise between you and Deckers:

• For customers located in the United States: Except as otherwise described in these Terms, California law shall apply without giving effect to any conflict of laws rules or provisions.
• For customers located in Canada: Canadian law shall apply
• For customers located in the United Kingdom: English law shall apply.
• For customers located in Japan: the laws of Japan shall apply.
• For customers located in China: the laws of the PRC shall apply.
• For customers located in Hong Kong: the laws of Hong Kong shall apply.
• For customers located in Italy: Italian law shall apply.
• For customers located in Germany: German law shall apply.
• For customers located in Netherlands: Dutch law shall apply.
• For customers located in France: French law shall apply.
• Special note for all other customers, located outside of Europe, which are not specifically specified above: English law shall apply.

Dispute Resolution

For customers located in EMEA: You agree that any disputes relating in any way to your visit of our website, use of the Service, or to the products purchased on it, including but not limited to any disputes related to privacy, shall be submitted to confidential arbitration conducted pursuant to the Internal Rules of the European Court of Arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, not arbitration with respect to the website or to products purchase here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. By agreeing to arbitration you are waiving important rights, including but not limited to the right to a trial by jury and the right to bring an action in a court of law or equity.

For customers located in APAC: You agree that any disputes relating in any way to your visit of our website, use of the Service, or to the products purchased on it, including but not limited to any disputes related to privacy, shall be submitted to confidential arbitration conducted pursuant to the prevailing rules of the Hong Kong International Arbitration Centre (HKIA) or the Japan Commercial Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, not arbitration with respect to the website or to products purchase here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. By agreeing to arbitration you are waiving important rights, including but not limited to the right to a trial by jury and the right to bring an action in a court of law or equity.

For customers located in Canada: You and Deckers agree that any disputes relating in any way to your visit of our website, use of the Service, or to the products purchased on it shall be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any such disputes must be brought before the courts of the Province of Ontario in the City of Toronto, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

For customers located in the United States:

Informal Dispute Resolution
We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing by email at privacy@deckers.com of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence proceedings as set out in these Terms to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an action is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

Arbitration Agreement and Waiver of Certain Rights
You and Deckers agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Deckers or you and a third-party agent of Deckers (a “Claim”) through final and binding arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at: Corporation Service Company Which Will Do Business In California As CSC-Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833. This letter must be sent at least ten (10) business days before you initiate an arbitration proceeding against us.

Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Deckers will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or Deckers from seeking action by federal, state, or local government agencies. You and Deckers also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) business days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and Deckers retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor Deckers may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or Deckers’ individual Claims.

If for any reason a Claim proceeds in court rather than in arbitration, you and Deckers each waive any right to a jury trial. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

This Arbitration Agreement Section of the Terms will survive the termination of your relationship with Deckers.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR DECKERS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Mass Arbitration Process Requirements

If twenty-five (25) or more similar claims are asserted against Deckers at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim) (a “Mass Arbitration”), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Regardless of the provisions in the arbitration agreement above about the prohibitive costs of individual arbitration for you, if your lawyer or their business partner (each a “Third Party Funder”) is directly or indirectly paying or advancing the arbitration fees and costs in a Mass Arbitration on your behalf, the Process Arbitrator shall have discretion to determine whether the total arbitration fees and costs due to AAA should be split evenly between the Third Party Funder(s), on the one hand, and us, on the other hand. The Process Arbitrator shall make or confirm this discretionary decision before the initiation of each batch, as set out below. In the final decision, the arbitrator can reevaluate and divide the arbitration fees and costs among the Third Party Funder(s) and us in amounts they see fit to ensure a fair division among the parties. Additionally, when permitted under applicable rules, you may be responsible for our arbitration fees and costs.

Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Deckers. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Deckers will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Deckers. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Deckers will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no

more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Deckers Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.