Terms of Use

Updated date: February 24, 2026

Updated date: February 24, 2026

SPANX, LLC ("Spanx" "we" or "us" or "our") owns and operates the website, www.spanx.com, the mobile version, all underlying software, (or is the licensee) and any sites we have now or in the future that reference these Terms of Use (collectively the "Website").

SPANX, LLC ("Spanx" "we" or "us" or "our") owns and operates the website, www.spanx.com, the mobile version, all underlying software, (or is the licensee) and any sites we have now or in the future that reference these Terms of Use (collectively the "Website").

These Terms of Use ("Terms") govern your access to and use of the Website. By accessing or using the Website (including all content and functionality), you signify your agreement to these Terms and any additional terms applicable to certain programs in which you may elect to participate. If you do not agree to these terms, please cease using and/or accessing the Website.

These Terms of Use ("Terms") govern your access to and use of the Website. By accessing or using the Website (including all content and functionality), you signify your agreement to these Terms and any additional terms applicable to certain programs in which you may elect to participate. If you do not agree to these terms, please cease using and/or accessing the Website.

This Website is considered to be a general audience site. Spanx does not intend that any portion of the Website will be accessed or used by children under the age of 13, and such use is prohibited. If you use this Website to register an account, purchase a product from us, or enter our online contests or sweepstakes, you affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, our Privacy Policy, and our Purchase-Related Policies.

This Website is considered to be a general audience site. Spanx does not intend that any portion of the Website will be accessed or used by children under the age of 13, and such use is prohibited. If you use this Website to register an account, purchase a product from us, or enter our online contests or sweepstakes, you affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, our Privacy Policy, and our Purchase-Related Policies.

We may, in our sole discretion, modify or revise these Terms at any time by posting the changes on the Website. The "Last Updated" legend above indicates when these Terms were last changed. Any changes are effective immediately upon posting to the Website. Continued use of the Website following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms.

We may, in our sole discretion, modify or revise these Terms at any time by posting the changes on the Website. The "Last Updated" legend above indicates when these Terms were last changed. Any changes are effective immediately upon posting to the Website. Continued use of the Website following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms.

These Terms apply to all users of the Website, including users who are also contributors of any content, information, and other materials or services on the Website. The Website includes, but is not limited to, all information, content, artwork, text, music, products, software and services offered via the Website.

These Terms apply to all users of the Website, including users who are also contributors of any content, information, and other materials or services on the Website. The Website includes, but is not limited to, all information, content, artwork, text, music, products, software and services offered via the Website.

1. Privacy

Please review our Privacy Policy, which also governs your visit to the Website, so that you may understand our privacy practices. You can access our Privacy Policy here.

Please review our Privacy Policy, which also governs your visit to the Website, so that you may understand our privacy practices. You can access our Privacy Policy here.

2. Purchase-Related Policies

These Terms govern your access to and use of the Website. Additional terms of use apply to your purchase of Spanx products or services (such as order processing, shipping and handling, returns, and exchanges) (collectively "Purchase-Related Policies"). You acknowledge and agree that your rights and responsibilities will be governed by such other Purchase-Related Policies as provided in the applicable purchase agreements. In the event there is a conflict between these Terms and the terms provided in an applicable Purchase-Related Policy for any product or service offered through the Spanx Website, the terms of such Purchase-Related Policy will govern. You can access our Purchase-Related Polices here.

These Terms govern your access to and use of the Website. Additional terms of use apply to your purchase of Spanx products or services (such as order processing, shipping and handling, returns, and exchanges) (collectively "Purchase-Related Policies"). You acknowledge and agree that your rights and responsibilities will be governed by such other Purchase-Related Policies as provided in the applicable purchase agreements. In the event there is a conflict between these Terms and the terms provided in an applicable Purchase-Related Policy for any product or service offered through the Spanx Website, the terms of such Purchase-Related Policy will govern. You can access our Purchase-Related Polices here.

3. Fair Use

If we suspect fraudulent activity and/or we notice unusual or suspicious activity with your account, we may withhold issuing a refund and/or block your account and any associated accounts from future purchases or returns.​​

If we suspect fraudulent activity and/or we notice unusual or suspicious activity with your account, we may withhold issuing a refund and/or block your account and any associated accounts from future purchases or returns.​​

Such activity includes but is not limited to: claims relating to orders not being received, items missing; falsifying damages, returning empty packages; unusual patterns of returns activity; returning products that have been worn longer than the expected amount of time to try them on, i.e. wardrobing or free renting; or returning items worn/used that do not matching what was originally ordered.

Such activity includes but is not limited to: claims relating to orders not being received, items missing; falsifying damages, returning empty packages; unusual patterns of returns activity; returning products that have been worn longer than the expected amount of time to try them on, i.e. wardrobing or free renting; or returning items worn/used that do not matching what was originally ordered.

​If you suspect your account has been deactivated and you need to make a valid return, please email us at contactus@spanx.com for further assistance​

​If you suspect your account has been deactivated and you need to make a valid return, please email us at contactus@spanx.com for further assistance​

Please note, we reserve the right to take legal action against you if the items you return don’t match what you ordered.

Please note, we reserve the right to take legal action against you if the items you return don’t match what you ordered.

4. Accuracy of Information

Our goal is to provide complete, accurate, up-to-date information on our Website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. While we try our best, the Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We also have made every effort to display as accurately as possible the colors of our products that appear on our Website. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to correct any errors, inaccuracies or omissions - including after an order has been submitted - and to change, update, or remove any contents, links, or resources provided on our Website at any time, and for any reason, without prior notice. We sincerely apologize for any inconvenience this may cause.

Our goal is to provide complete, accurate, up-to-date information on our Website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. While we try our best, the Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We also have made every effort to display as accurately as possible the colors of our products that appear on our Website. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to correct any errors, inaccuracies or omissions - including after an order has been submitted - and to change, update, or remove any contents, links, or resources provided on our Website at any time, and for any reason, without prior notice. We sincerely apologize for any inconvenience this may cause.

5. Intellectual Property Rights

As between you and Spanx, all right, title, and interest in and to the Website and its content, features, and functionality, including, but not limited to, products, information, materials, text, graphics, photographs, video, displays, images, audio, music, button icons, data compilations, software, other works of authorship, and the design, selection, arrangement, and compilation thereof (the "Content"), and all intellectual property rights in the Website, are retained by Spanx, our affiliates, our partners or our licensors, and are protected by copyright, patent, intellectual property, and other laws of the United States and foreign countries.

As between you and Spanx, all right, title, and interest in and to the Website and its content, features, and functionality, including, but not limited to, products, information, materials, text, graphics, photographs, video, displays, images, audio, music, button icons, data compilations, software, other works of authorship, and the design, selection, arrangement, and compilation thereof (the "Content"), and all intellectual property rights in the Website, are retained by Spanx, our affiliates, our partners or our licensors, and are protected by copyright, patent, intellectual property, and other laws of the United States and foreign countries.

You may use the Website for your personal, non-commercial use only. No right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by Spanx. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on our Website, except as follows:

You may use the Website for your personal, non-commercial use only. No right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by Spanx. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on our Website, except as follows:

• Your computer may temporarily store copies of such Content incidental to your accessing and viewing those Content.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use related to shopping or placing an order with Spanx, and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain Content, you may take such actions as are enabled by such features.

You will not:

You will not:

• Modify copies of any Content from this Website.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of Content from this Website.
• Access or use for any commercial purposes any part of the Website or any services or Content available through the Website.

Except as set forth in this Section, if you access or use, or provide any other person with access, to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

Except as set forth in this Section, if you access or use, or provide any other person with access, to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

The trademarks, logos, and service marks displayed on the Website are the registered and unregistered marks of Spanx, our affiliates, our licensors, or our partners, in the United States and other countries, and are protected by U.S. and international trademark laws. All other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

The trademarks, logos, and service marks displayed on the Website are the registered and unregistered marks of Spanx, our affiliates, our licensors, or our partners, in the United States and other countries, and are protected by U.S. and international trademark laws. All other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

6. No Purchase for Resale

The Website is intended solely for Spanx to sell its products direct to end consumers. Therefore, the purchase of products for resale, distribution, or commercial purposes is prohibited. Purchase for resale means the purchase of SPANX products by someone who resells, or intends to resell, the products to third parties. If we believe you are purchasing for resale, or have purchased for resale, we reserve the right to take necessary action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

The Website is intended solely for Spanx to sell its products direct to end consumers. Therefore, the purchase of products for resale, distribution, or commercial purposes is prohibited. Purchase for resale means the purchase of SPANX products by someone who resells, or intends to resell, the products to third parties. If we believe you are purchasing for resale, or have purchased for resale, we reserve the right to take necessary action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

7. Prohibited Uses of the Website

When using the Website, you shall not:

When using the Website, you shall not:

(i) Disrupt, damage, interfere with, violate the security of, or attempt to gain unauthorized access to, the Website or any computer network;

(i) Disrupt, damage, interfere with, violate the security of, or attempt to gain unauthorized access to, the Website or any computer network;

(ii) Circumvent any technological measure implemented by Spanx or any of our providers or any other third party (including another user of the Website) to protect the Website;

(ii) Circumvent any technological measure implemented by Spanx or any of our providers or any other third party (including another user of the Website) to protect the Website;

(iii) Use our Website in any manner that could disable, overburden, damage, or impair our website or interfere with any other party’s use of our Website, including their ability to engage in real time activities through our Website;

(iii) Use our Website in any manner that could disable, overburden, damage, or impair our website or interfere with any other party’s use of our Website, including their ability to engage in real time activities through our Website;

(iv) Upload, transmit, distribute, or run any computer virus, worm, Trojan horse, logic bomb, or any computer code or other material that could harm or alter a computer, portable device, computer network, communication network, data, the Website, or any other system, device or property;

(iv) Upload, transmit, distribute, or run any computer virus, worm, Trojan horse, logic bomb, or any computer code or other material that could harm or alter a computer, portable device, computer network, communication network, data, the Website, or any other system, device or property;

(v) Use any software robots, spiders, crawlers, or other automatic device, process or means to access our Website for any purpose, including monitoring or copying any of the Content on our Website;

(v) Use any software robots, spiders, crawlers, or other automatic device, process or means to access our Website for any purpose, including monitoring or copying any of the Content on our Website;

(vi) Transmit, or cause the sending of any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam" or any other similar solicitation;

(vi) Transmit, or cause the sending of any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam" or any other similar solicitation;

(vii) Attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or jeopardize the security of your account or anyone else’s account (for example, by allowing another individual to login into the Website as you);

(vii) Attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or jeopardize the security of your account or anyone else’s account (for example, by allowing another individual to login into the Website as you);

(viii) Impersonate or attempt to impersonate Spanx, a Spanx employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

(viii) Impersonate or attempt to impersonate Spanx, a Spanx employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

(ix) Use our Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

(ix) Use our Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

(x) Send, knowingly receive, upload, download, use or re-use any Content that does not comply with the standards and requirements set out in Sections ‎4 and 5 of these Terms;

(x) Send, knowingly receive, upload, download, use or re-use any Content that does not comply with the standards and requirements set out in Sections ‎4 and 5 of these Terms;

(xi) Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm us or users of our Website or expose them to liability; or

(xi) Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm us or users of our Website or expose them to liability; or

(xii) Otherwise attempt to interfere with the proper working of our Website.

(xii) Otherwise attempt to interfere with the proper working of our Website.

(xiii) Purchase for resale.

(xiii) Purchase for resale.

8. Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are using a public computer, we strongly encourage you to log out of your account at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are using a public computer, we strongly encourage you to log out of your account at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.

You are responsible for ensuring that all information you provide on our Website is correct, current, and complete. You agree that you will not provide any false or misleading information during the registration process.

You are responsible for ensuring that all information you provide on our Website is correct, current, and complete. You agree that you will not provide any false or misleading information during the registration process.

If you are accessing and using the Website on someone else's behalf, you represent that you have the authority to bind that person as a principal to these Terms, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use.

If you are accessing and using the Website on someone else's behalf, you represent that you have the authority to bind that person as a principal to these Terms, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use.

You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security that you become aware of.

You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security that you become aware of.

All information you provide when you register for an account on our Website, including through the use of any interactive features, is governed by our Privacy Policy, which is incorporated herein, and we may take any action with respect to your information that is consistent with our Privacy Policy. We reserve the right to refuse service, terminate accounts, or remove or edit Content, for any reason, in our sole discretion without prior notice.

All information you provide when you register for an account on our Website, including through the use of any interactive features, is governed by our Privacy Policy, which is incorporated herein, and we may take any action with respect to your information that is consistent with our Privacy Policy. We reserve the right to refuse service, terminate accounts, or remove or edit Content, for any reason, in our sole discretion without prior notice.

9. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Website; (ii) send emails or other communications with certain Content, or links to certain Content, on this Website; (iii) cause portions of Content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

This Website may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Website; (ii) send emails or other communications with certain Content, or links to certain Content, on this Website; (iii) cause portions of Content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms of use we provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) cause our Website or any portion of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (iii) link to any part of the Website other than the homepage; (iv) otherwise take any action with respect to the Content on this Website that is inconsistent with any other provision of these Terms.

You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms of use we provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) cause our Website or any portion of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (iii) link to any part of the Website other than the homepage; (iv) otherwise take any action with respect to the Content on this Website that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards and requirements set forth in Sections 4 and 5 of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards and requirements set forth in Sections 4 and 5 of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. We may also disable all or any social media features and any links at any time without notice in our discretion.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. We may also disable all or any social media features and any links at any time without notice in our discretion.

10. Third Party Links

Our Website may include content or links and resources provided by third parties. We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant, approve, endorse, or make any representations with respect to any off-Website pages, or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, resources, products, services, or any offerings of such pages and websites.

Our Website may include content or links and resources provided by third parties. We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant, approve, endorse, or make any representations with respect to any off-Website pages, or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, resources, products, services, or any offerings of such pages and websites.

In addition, our privacy practices may differ from those of these other websites. If you provide personal information at one of those websites, you are subject to the privacy policy of the operator of that website, not the Spanx Privacy Policy. Make sure you understand any website's privacy policies before providing them your personal information.

In addition, our privacy practices may differ from those of these other websites. If you provide personal information at one of those websites, you are subject to the privacy policy of the operator of that website, not the Spanx Privacy Policy. Make sure you understand any website's privacy policies before providing them your personal information.

11. Submissions

We welcome inquiries or feedback on the products you use or might like to purchase. However it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas, materials, comments, or other information you provide to us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant and agree to grant to us and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, adapt, distribute, create derivative works from, compile, arrange, display, and otherwise disclose to third parties any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. While such Submissions will be treated as non-proprietary and non-confidential, we will not use your name unless we are required by law to identify the source of the Submission, or unless we first obtain your permission.

We welcome inquiries or feedback on the products you use or might like to purchase. However it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas, materials, comments, or other information you provide to us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant and agree to grant to us and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, adapt, distribute, create derivative works from, compile, arrange, display, and otherwise disclose to third parties any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. While such Submissions will be treated as non-proprietary and non-confidential, we will not use your name unless we are required by law to identify the source of the Submission, or unless we first obtain your permission.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission complies with the standards and requirements in Sections 4 and 5 of these Terms. You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission complies with the standards and requirements in Sections 4 and 5 of these Terms. You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.

12. Indemnification

You agree to defend, indemnify and hold Spanx, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless for any liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with your use of the Website or breach of these terms.

You agree to defend, indemnify and hold Spanx, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless for any liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with your use of the Website or breach of these terms.

13. Representations and Warranties; Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE CONTENT AVAILABLE ON IT OR THROUGH IT ARE PROVIDED FOR YOUR CONVENIENCE, "AS IS", AND "AS AVAILABLE" WITH ALL FAULTS AND ERRORS. SPANX AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE CONTENT AVAILABLE ON IT OR THROUGH IT ARE PROVIDED FOR YOUR CONVENIENCE, "AS IS", AND "AS AVAILABLE" WITH ALL FAULTS AND ERRORS. SPANX AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

SPANX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE.

SPANX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE.

SPANX MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, AND SPANX WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE WEBSITE.

SPANX MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, AND SPANX WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPANX, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS OF EACH, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, INCLUDING DAMAGES FOR LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, SERVICE INTERRUPTION, LOST DATA OR CONTENT, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE WEBSITE, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES, ANY SERVICES OR PRODUCTS OBTAINED THROUGH OUR WEBSITE OR SUCH OTHER WEBSITES, ANY BREACH OF THESE TERMS, ANY ACT OR OMISSION BY US OR OUR PERSONNEL, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (WARRANTY, CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPANX, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS OF EACH, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, INCLUDING DAMAGES FOR LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, SERVICE INTERRUPTION, LOST DATA OR CONTENT, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE WEBSITE, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES, ANY SERVICES OR PRODUCTS OBTAINED THROUGH OUR WEBSITE OR SUCH OTHER WEBSITES, ANY BREACH OF THESE TERMS, ANY ACT OR OMISSION BY US OR OUR PERSONNEL, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (WARRANTY, CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPANX AND YOU.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPANX AND YOU.

14. Disputes; Governing Law

You agree that the Terms and any claim, dispute, action, cause of action, issue or request for relief between you and Spanx arising out of or relating to these Terms, your visit to our Website, or to products or services purchased via our Website (collectively "Disputes") will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

You agree that the Terms and any claim, dispute, action, cause of action, issue or request for relief between you and Spanx arising out of or relating to these Terms, your visit to our Website, or to products or services purchased via our Website (collectively "Disputes") will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

If a Dispute arises between you and Spanx, our goal is to learn about and address your concerns. You agree that you will notify Spanx about any Dispute you have with us regarding these Terms, our Website, or our products or services by contacting Spanx at contactus@spanx.com. We’ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 days after submission, you or Spanx may bring a formal proceeding.

If a Dispute arises between you and Spanx, our goal is to learn about and address your concerns. You agree that you will notify Spanx about any Dispute you have with us regarding these Terms, our Website, or our products or services by contacting Spanx at contactus@spanx.com. We’ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 days after submission, you or Spanx may bring a formal proceeding.

Spanx is the owner of this Website and is based in the state of Georgia in the United States. We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Spanx is the owner of this Website and is based in the state of Georgia in the United States. We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

15. Binding Arbitration

You and Spanx agree to submit all Disputes to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective or representative basis between you and Spanx.

You and Spanx agree to submit all Disputes to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective or representative basis between you and Spanx.

This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the "FAA") and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall take place in Atlanta Georgia. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the "FAA") and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall take place in Atlanta Georgia. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

You and Spanx shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and Spanx shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.

You and Spanx shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and Spanx shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.

Notwithstanding the above, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court with jurisdiction, whether or not it is in Georgia. You consent to exclusive jurisdiction and venue in such courts.

Notwithstanding the above, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court with jurisdiction, whether or not it is in Georgia. You consent to exclusive jurisdiction and venue in such courts.

16. Limitation on Claims

Regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.

Regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.

17. Term and Termination

These Terms will remain in full force and effect as long as you continue to access or use the Website. We may, with or without prior notice, terminate any of the rights granted by these Terms without cause. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

These Terms will remain in full force and effect as long as you continue to access or use the Website. We may, with or without prior notice, terminate any of the rights granted by these Terms without cause. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

You may also cancel your account at any time by contacting customer service at contactus@spanx.com or 1.888.806.7311.

You may also cancel your account at any time by contacting customer service at contactus@spanx.com or 1.888.806.7311.

18. Entire Agreement; Waiver; Severability

These Terms, together with our Privacy Policy, constitute the complete and exclusive understanding between you and Spanx with respect to your use of the Website, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Spanx and you regarding the Website.

These Terms, together with our Privacy Policy, constitute the complete and exclusive understanding between you and Spanx with respect to your use of the Website, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Spanx and you regarding the Website.

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Spanx. Spanx’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms.

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Spanx. Spanx’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms.

If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law. We will amend or replace such provisions with ones that are valid and enforceable and which achieve, to the extent possible, our original objectives and intent as reflected in the original provisions.

If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law. We will amend or replace such provisions with ones that are valid and enforceable and which achieve, to the extent possible, our original objectives and intent as reflected in the original provisions.

Contact Us

If you have any questions regarding these Terms, please contact us by email at contactus@spanx.com or by calling 1.888.806.7311.

If you have any questions regarding these Terms, please contact us by email at contactus@spanx.com or by calling 1.888.806.7311.

US: Mobile Terms of Service: Spanx

Last updated: Feb. 24, 2026

Last updated: Feb. 24, 2026

The Spanx mobile message service (the "Service") is operated by Spanx (“Spanx”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

The Spanx mobile message service (the "Service") is operated by Spanx (“Spanx”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

PLEASE READ THESE MOBILE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND SPANX AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

PLEASE READ THESE MOBILE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND SPANX AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

By consenting to Spanx’s SMS/text messaging service, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) from Spanx, including text messages that may be sent using an automatic telephone dialing system to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

By consenting to Spanx’s SMS/text messaging service, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) from Spanx, including text messages that may be sent using an automatic telephone dialing system to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Spanx. Your participation in this program is completely voluntary.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Spanx. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the keyword command STOP, END, CANCEL, UNSUBSCRIBE or QUIT to 76057 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Spanx mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

You may opt-out of the Service at any time. Text the keyword command STOP, END, CANCEL, UNSUBSCRIBE or QUIT to 76057 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Spanx mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to 76057 or email contactus@spanx.com.

For Service support or assistance, text HELP to 76057 or email contactus@spanx.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

Spanx, its service providers and the wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

Spanx, its service providers and the wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice. You also agree to our Spanx Terms of Use.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice. You also agree to our Spanx Terms of Use.

Dispute Resolution

Dispute Resolution

(a)General. In the interest of resolving disputes between you and Spanx in the most expedient and cost effective manner, you and Spanx agree that any dispute arising out of or in any way related to these Mobile Terms or your receipt of text messages from Spanx or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Mobile Terms, or your receipt of text messages from Spanx or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MOBILE TERMS, YOU AND Spanx ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MOBILE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

(a)General. In the interest of resolving disputes between you and Spanx in the most expedient and cost effective manner, you and Spanx agree that any dispute arising out of or in any way related to these Mobile Terms or your receipt of text messages from Spanx or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Mobile Terms, or your receipt of text messages from Spanx or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MOBILE TERMS, YOU AND Spanx ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MOBILE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

(b)Exceptions. Notwithstanding subsection (a) above, nothing in these Mobile Terms will be deemed to waive, preclude, or otherwise limit the right of you or Spanx to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

(b)Exceptions. Notwithstanding subsection (a) above, nothing in these Mobile Terms will be deemed to waive, preclude, or otherwise limit the right of you or Spanx to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

(c)Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to Spanx at the Notice address in subsection (e) below, within thirty (30) calendar days of your initial agreement to these Mobile Terms, where such Notice specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Mobile Terms shall continue to apply.

(c)Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to Spanx at the Notice address in subsection (e) below, within thirty (30) calendar days of your initial agreement to these Mobile Terms, where such Notice specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Mobile Terms shall continue to apply.

(d)Arbitrator. Any arbitration between you and Spanx will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Mobile Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Spanx. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

(d)Arbitrator. Any arbitration between you and Spanx will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Mobile Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Spanx. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

(e)Notice; Process. If you or Spanx intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Spanx address for Notice is: 3035 Peachtree Rd NE, Suite 200, Atlanta, Georgia 30305, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Spanx will make good faith efforts to resolve the claim directly, but if you and Spanx do not reach an agreement to do so within 60 days after the Notice is received, you or Spanx may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Spanx must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you are a consumer (as defined under AAA rules) and you commence arbitration against Spanx in accordance with these Mobile Terms, the only fee required to be paid is an initial case management fee which is approximately equivalent to current court filing fees. All other costs will be borne by Spanx. If Spanx commences arbitration against a consumer, Spanx will pay for all costs associated with the arbitration. If you are not a consumer, then you and Spanx each will pay a pro rata share of the arbitration costs. The parties are responsible for paying their own attorneys' fees and for all additional costs that you incur in the arbitration, including, without limitation, fees for expert witnesses. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Spanx for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Spanx agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Spanx made within 14 days of the arbitrator's ruling on the merits.

(e)Notice; Process. If you or Spanx intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Spanx address for Notice is: 3035 Peachtree Rd NE, Suite 200, Atlanta, Georgia 30305, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Spanx will make good faith efforts to resolve the claim directly, but if you and Spanx do not reach an agreement to do so within 60 days after the Notice is received, you or Spanx may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Spanx must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you are a consumer (as defined under AAA rules) and you commence arbitration against Spanx in accordance with these Mobile Terms, the only fee required to be paid is an initial case management fee which is approximately equivalent to current court filing fees. All other costs will be borne by Spanx. If Spanx commences arbitration against a consumer, Spanx will pay for all costs associated with the arbitration. If you are not a consumer, then you and Spanx each will pay a pro rata share of the arbitration costs. The parties are responsible for paying their own attorneys' fees and for all additional costs that you incur in the arbitration, including, without limitation, fees for expert witnesses. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Spanx for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Spanx agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Spanx made within 14 days of the arbitrator's ruling on the merits.

(f)No Class Actions. YOU AND Spanx AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Spanx agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

(f)No Class Actions. YOU AND Spanx AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Spanx agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

(g)MASS ACTION WAIVER. You and Spanx agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and Spanx expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this section. “Mass Action” includes instances in which you or Spanx are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or Spanx’s behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this section, nothing prevents you or Spanx from participating in a mass settlement of claims.

(g)MASS ACTION WAIVER. You and Spanx agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and Spanx expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this section. “Mass Action” includes instances in which you or Spanx are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or Spanx’s behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this section, nothing prevents you or Spanx from participating in a mass settlement of claims.

(h)Special Master Appointment. In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iv) whether claimants are barred from proceeding with a Mass Action; (v) any dispute relating to the representation of the same claimant by multiple law firms; (vi) any dispute regarding discovery common to all claims; and (vii) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. You may opt-out of arbitration by providing a written notice contactus@spanx.com. Spanx may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.

(h)Special Master Appointment. In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iv) whether claimants are barred from proceeding with a Mass Action; (v) any dispute relating to the representation of the same claimant by multiple law firms; (vi) any dispute regarding discovery common to all claims; and (vii) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. You may opt-out of arbitration by providing a written notice contactus@spanx.com. Spanx may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.

(i)Batching. After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration.

(i)Batching. After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration.

(j)Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Mobile Terms, if Spanx makes any future change to this arbitration provision, other than a change to Spanx address for Notice, you may reject the change by sending us written notice within 30 days of the change to Spanx address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Spanx.

(j)Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Mobile Terms, if Spanx makes any future change to this arbitration provision, other than a change to Spanx address for Notice, you may reject the change by sending us written notice within 30 days of the change to Spanx address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Spanx.

(k)Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Mobile Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Mobile Terms shall remain in full force and effect.

(k)Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Mobile Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Mobile Terms shall remain in full force and effect.

CAN: Mobile Terms of Service: Spanx Canada, Inc.

Last updated: Feb. 12, 2026

Last updated: Feb. 12, 2026

The Spanx Canada, Inc. mobile message service (the "Service") is operated by Spanx Canada, Inc. (“Spanx Canada, Inc.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

The Spanx Canada, Inc. mobile message service (the "Service") is operated by Spanx Canada, Inc. (“Spanx Canada, Inc.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Spanx Canada, Inc.’s SMS/text messaging service, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS). From Spanx, including text messages that may be sent using an automatic telephone dialing system to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

By consenting to Spanx Canada, Inc.’s SMS/text messaging service, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS). From Spanx, including text messages that may be sent using an automatic telephone dialing system to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Spanx Canada, Inc. Your participation in this program is completely voluntary.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Spanx Canada, Inc. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the keyword command STOP, END, CANCEL, UNSUBSCRIBE or QUIT to 56938 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Spanx Canada, Inc. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective Mobile Terms.

You may opt-out of the Service at any time. Text the keyword command STOP, END, CANCEL, UNSUBSCRIBE or QUIT to 56938 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Spanx Canada, Inc. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective Mobile Terms.

For Service support or assistance, text HELP to 56938 or email contactus@spanx.com.

For Service support or assistance, text HELP to 56938 or email contactus@spanx.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

Spanx, its service providers and the wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

Spanx, its service providers and the wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice. You also agree to our Spanx Terms of Use.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice. You also agree to our Spanx Terms of Use.

Dispute Resolution

Dispute Resolution

(a)General. In the interest of resolving disputes between you and Spanx in the most expedient and cost effective manner, you and Spanx agree that any dispute arising out of or in any way related to these Mobile Terms or your receipt of text messages from Spanx or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Mobile Terms, or your receipt of text messages from Spanx or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Spanx ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

(a)General. In the interest of resolving disputes between you and Spanx in the most expedient and cost effective manner, you and Spanx agree that any dispute arising out of or in any way related to these Mobile Terms or your receipt of text messages from Spanx or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Mobile Terms, or your receipt of text messages from Spanx or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Spanx ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

(b)Exceptions. Notwithstanding subsection (a) above, nothing in these Mobile Terms will be deemed to waive, preclude, or otherwise limit the right of you or Spanx to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

(b)Exceptions. Notwithstanding subsection (a) above, nothing in these Mobile Terms will be deemed to waive, preclude, or otherwise limit the right of you or Spanx to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

(c)Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to Spanx at the Notice address in subsection (e) below, within thirty (30) calendar days of your initial agreement to these Mobile Terms, where such Notice specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Mobile Terms shall continue to apply.

(c)Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to Spanx at the Notice address in subsection (e) below, within thirty (30) calendar days of your initial agreement to these Mobile Terms, where such Notice specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Mobile Terms shall continue to apply.

(d)Arbitrator. Any arbitration between you and Spanx will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Mobile Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Spanx. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

(d)Arbitrator. Any arbitration between you and Spanx will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Mobile Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Spanx. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

(e)Notice; Process. If you or Spanx intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Spanx address for Notice is: 3035 Peachtree Rd NE, Suite 200, Atlanta, Georgia 30305, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Spanx will make good faith efforts to resolve the claim directly, but if you and Spanx do not reach an agreement to do so within 60 days after the Notice is received, you or Spanx may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Spanx must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you are a consumer (as defined under AAA rules) and you commence arbitration against Spanx in accordance with these Mobile Terms, the only fee required to be paid is an initial case management fee which is approximately equivalent to current court filing fees. All other costs will be borne by Spanx. If Spanx commences arbitration against a consumer, Spanx will pay for all costs associated with the arbitration. If you are not a consumer, then you and Spanx each will pay a pro rata share of the arbitration costs. The parties are responsible for paying their own attorneys' fees and for all additional costs that you incur in the arbitration, including, without limitation, fees for expert witnesses. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Spanx for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Spanx agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Spanx made within 14 days of the arbitrator's ruling on the merits.

(e)Notice; Process. If you or Spanx intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Spanx address for Notice is: 3035 Peachtree Rd NE, Suite 200, Atlanta, Georgia 30305, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Spanx will make good faith efforts to resolve the claim directly, but if you and Spanx do not reach an agreement to do so within 60 days after the Notice is received, you or Spanx may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Spanx must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you are a consumer (as defined under AAA rules) and you commence arbitration against Spanx in accordance with these Mobile Terms, the only fee required to be paid is an initial case management fee which is approximately equivalent to current court filing fees. All other costs will be borne by Spanx. If Spanx commences arbitration against a consumer, Spanx will pay for all costs associated with the arbitration. If you are not a consumer, then you and Spanx each will pay a pro rata share of the arbitration costs. The parties are responsible for paying their own attorneys' fees and for all additional costs that you incur in the arbitration, including, without limitation, fees for expert witnesses. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Spanx for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Spanx agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Spanx made within 14 days of the arbitrator's ruling on the merits.

(f)No Class Actions. YOU AND Spanx AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Spanx agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

(f)No Class Actions. YOU AND Spanx AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Spanx agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

(g)MASS ACTION WAIVER. You and Spanx agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and Spanx expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this section. “Mass Action” includes instances in which you or Spanx are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or Spanx’s behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this section, nothing prevents you or Spanx from participating in a mass settlement of claims.

(g)MASS ACTION WAIVER. You and Spanx agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and Spanx expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this section. “Mass Action” includes instances in which you or Spanx are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or Spanx’s behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this section, nothing prevents you or Spanx from participating in a mass settlement of claims.

(h)Special Master Appointment. In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iv) whether claimants are barred from proceeding with a Mass Action; (v) any dispute relating to the representation of the same claimant by multiple law firm

(h)Special Master Appointment. In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iv) whether claimants are barred from proceeding with a Mass Action; (v) any dispute relating to the representation of the same claimant by multiple law firm

s; (vi) any dispute regarding discovery common to all claims; and (vii) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. You may opt-out of arbitration by providing a written notice contactus@spanx.com. Spanx may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.

s; (vi) any dispute regarding discovery common to all claims; and (vii) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. You may opt-out of arbitration by providing a written notice contactus@spanx.com. Spanx may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.

(i)Batching. After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration.

(i)Batching. After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration.

(j)Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Mobile Terms, if Spanx makes any future change to this arbitration provision, other than a change to Spanx address for Notice, you may reject the change by sending us written notice within 30 days of the change to Spanx address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Spanx.

(j)Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Mobile Terms, if Spanx makes any future change to this arbitration provision, other than a change to Spanx address for Notice, you may reject the change by sending us written notice within 30 days of the change to Spanx address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Spanx.

(k)Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Mobile Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Mobile Terms shall remain in full force and effect.

(k)Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Mobile Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Mobile Terms shall remain in full force and effect.