TERMS & CONDITIONS
|TERMS & CONDITIONS|
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE. EACH TIME YOU USE THIS SERVICE, YOU AGREE TO THESE TERMS, AND THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND RE:BEAUTY LLC. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SERVICE.
We reserve the right to modify, alter, update, or remove portions of these Terms at any time without notice, so please check these Terms from time to time. Your continued use of the Site signifies your acceptance of any changes. If you do not agree with our Terms, your sole remedy is to discontinue your use of the Site.
The failure of Re:Beauty LLC to enforce these Terms at any time for any reason, shall not be construed as a waiver of any right to do so at any time.
Referrals. You agree that if you request to be connected to a Re:presentative or make a purchase through the Service and you do not have a Re:presentative, we may provide your information to a Re:presentative so they may contact you using the information you provided.
Products and Services: Descriptions and Specifications. RE:BEAUTY LLC attempts to be as accurate as possible when describing products and services offered on the Service. However, RE:BEAUTY LLC does not warrant that product or service descriptions or specifications are accurate, complete, reliable, current, or error-free. If a product or service we offer through our Service does not match its description, your sole remedies are to stop using the Service and to return the product in unused condition. All descriptions and specifications are subject to change at any time without notice.
Pricing. The prices displayed for products and services on the Service represent the full retail prices, excluding taxes and applicable fees, and are subject to change at any time without notice. Despite our best efforts, list and sale prices may be incorrect; we reserve the right to correct, at any time, any pricing errors. If a product or service's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Availability. Availability of a product or service may change without notice.
Accepting an Order. We may limit the acceptance of orders to particular jurisdictions and as permitted by applicable law. While we try to confirm orders by email, your receipt of an order confirmation via email does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. The shipment of the products shall be the sole evidence of our acceptance of your order. We reserve the right, without prior notice, to limit the order quantity of any product or service and to refuse service to you. We also may verify information before we accept or ship any order.
Cancellation and Return Policy. You may cancel your purchase and may return your purchases according to the RE:BEAUTY LLC refund policy; a copy of which is located on our website (www.rebeauty.com).You may also contact your personal Independent Re:presentative or email firstname.lastname@example.org to dispute a charge or request a refund.
Risk of Shipping Loss. All items purchased from RE:BEAUTY LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the shipping carrier.
Promotions. We, and any third parties on our behalf, may run promotions including but not limited to sweepstakes and contests. The specific rules and regulations governing those promotions, sweepstakes and contests will vary, and your participation constitutes your agreement to abide by those rules and regulations.
No SPAM. You agree that your use of the Service shall not include sending unsolicited marketing messages or broadcasts (i.e., spam). We will utilize any means possible to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at email@example.com.
Additional Terms. Note that special terms may apply to some services offered; such as subscription-based services, product purchases, and rules for particular contests, sweepstakes or other features or activities. These terms are in addition to the stated Terms and, in the event of a conflict, prevail over these Terms. Other than as described in these Terms, these Terms constitute the entire agreement between you and RE:BEAUTY LLC concerning your use of the Service.
Transactions and Payments: You agree to pay RE:BEAUTY LLC for purchases made on the Service and that RE:BEAUTY LLC may charge your selected payment method, such as a credit card, either directly or through the services of a third-party payment processor. If non-payment occurs due to a failed credit card transaction and is not remedied within seven days after we send you notice of non-payment, then we may terminate the applicable purchase.
Pre-Authorization. When you provide a credit card number to pay for a purchase on the Service, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase. This pre-authorization will verify the credit card is valid and/or has the necessary funds or credit available to cover your required payment. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Third-Party Payment Processors. RE:BEAUTY LLC currently uses third-party payment processors for electronic commerce. Our payment processors and the payment methods they accept may change without notice. Our third-party e-commerce payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards. By using such third-party payment processors, you agree to their terms and conditions of use.
Availability of Certain Forms of Payment. RE:BEAUTY LLC makes no representations or warranties about the continued availability of any particular form of payment method made available for use with the Service.
Timing of Payment. Payment shall occur within a reasonable time frame of the transaction or shortly thereafter.
Notice of Failed Payment. If any fee cannot be charged to your credit card for any reason, we may provide you, via phone or email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven days after receiving such notice of non-payment, then we may terminate the applicable subscription.
Taxes and Fees. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges.
Currency. All transactions through the Service in the U.S. are in U.S. dollars.
Terms Modification: We reserve the right to modify or otherwise update these Terms at any time by posting an updated version on the Service and you agree to be bound by such modifications, updates and revisions. You should visit this page from time to time to review the current terms. We may change the Service or delete Content (as defined in the “Copyright” section below) or features of this Service at any time, in any way, for any or no reason at our discretion.
Copyright: All information, materials, functions and other content (including Submissions as defined in the “Submissions” section below) provided on this Service (collectively “Content”), such as text, graphics, images, video, audio, logos, computer code, and other content, is our property or the property of our licensors and is protected by U.S. and international copyright laws. The collection, arrangement and assembly of all content on this Service is our exclusive property and is protected by U.S. and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Service is strictly prohibited.
Trademarks: Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively the “Trademarks”) used and displayed on this Service are our registered and unregistered Trademarks and the Trademarks of our licensors and are protected under trademark and other laws. Nothing on this Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Service. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
Your Use of the Service and Content: We grant you a limited license to access and make personal use of the Service and the Content, subject to these Terms. This license is revocable at any time without notice and with or without cause. Neither this Service nor any portion of this Service or any Content may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us in writing, except that where the Service is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright, trademarks, service marks, and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands. Any other use is expressly prohibited. We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests.
In the event that we offer downloads of software from this Service and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. If required, we will seek your express consent before downloading any Software to your computer system. Such consent will be sought by RE:BEAUTY LLC , located at the contact information set out below in these Terms.
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service, including disputes among Re:presentatives and consumers. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release RE:BEAUTY LLC of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.
WEB SITE ACCESS, CONTENT AND PROHIBITED USES: You may not circumvent, disable or otherwise interfere with security-related features of the Web Site, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Web Site or Web Site Content. You may not reproduce, distribute, publicly display, publicly perform, create derivative works, publish, and transmit our Content or any element of the Web Site, except as permitted by these Terms.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. You may not rely on any information expressed on the Web Site for any other purpose than permitted by these Terms. ReBeauty undertakes no obligation to update, amend or clarify information on this Web Site, including without limitation, product descriptions, product availability, or pricing information, except as required by law. No specified update or refresh date applied on this Web Site should be taken to indicate that all information on the Web Site has been modified or updated. Please remember when reviewing information on this Web Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Web Site to become inaccurate or incomplete.
You are prohibited from using the Web Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Web Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Web Site, other websites, or the Internet. We reserve the right to terminate your account or otherwise deny you access to the Web Site in our sole discretion for any or no reason without notice and without liability.
CONDITIONS FOR THIRD-PARTY LINKING TO WEB SITE: In limited circumstances, we may permit third-party links to the Web Site home page from any website that is not commercially competitive with the Web Site and does not criticize or otherwise injure us, so long as the website where the link resides, and all other locations to which such website links, comply with all applicable laws. All of our rights and remedies are expressly reserved. Notwithstanding anything to the contrary contained in these Terms or applicable Additional Terms, we reserve the right to prohibit linking to the Web Site for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Although third-party links may be posted on this Web Site, the posting of those links or associated content does not constitute Re:Beuty's endorsement of such material. Similarly, although third-party products and services may be sold or purchased via links on this Web Site, the sale and purchase of those products and services does not constitute Re:Bauty's endorsement of the same. Re:Beauty LLC is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, direct, indirect, incidental, consequential or punitive damages, personal injury, or wrongful death in connection with third-party websites, content, or products and services.
The websites associated with third-party links on this Web Site may be located in different countries, and those websites and the products or services offered on those websites are likely to be subject to the hosting country’s regulatory or product requirements. Please review carefully the third party's terms and conditions, policies and practices, and make sure you understand them before you engage in any such third-party transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
Unless otherwise permitted in writing signed by an authorized representative of RE:BEAUTY LLC , a website that links to this Service:
- Shall not imply, either directly or indirectly, that RE:BEAUTY LLC is endorsing its products;
- Shall not use any of our Trademarks or the Trademarks of our licensors;
- Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;
- Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;
- Shall not present false or misleading information about us or the RE:BEAUTY LLC opportunity;
- Shall not misrepresent any relationship with us;
- Shall not replicate in any manner any content in the Service; and
- Shall not create a browser or border environment around Service material.
USER REGISTRATION: In order to access or use some (or potentially all) of the features of the Web Site, you may have to become, and remain opted-in as a registered user. If you are under the age of majority in your place of residence, then you are not permitted to register as a user or otherwise submit personal information to Re:Beauty.
Under these Terms, you agree to: (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your Access Device; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to your account or the Web Site at: firstname.lastname@example.org; (f) not sell, transfer or assign your username and password; and (g) accept sole responsibility for all activities that occur under your username and password, whether or not you have authorized the activity.
MOBILE: The Web Site may include certain features and services that may now or in the future be available via your mobile phone, including, without limitation, the ability to access the Web Site from your mobile phone (collectively, the "Mobile Services"). We do not charge for Mobile Services. Your carrier’s normal messaging; data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or mobile device.
You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Web Site to reflect this change.
INDEMNIFICATION: YOU AGREE TO INDEMNIFY AND HOLD RE:BEAUTY LLC, ITS DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEB SITE OR BREACH OF THESE TERMS. YOU AGREE TO COOPERATE FULLY WITH US IN THE DEFENSE OF ANY CLAIM THAT IS THE SUBJECT OF YOUR OBLIGATIONS UNDER THESE TERMS.
Your Content and Other Submissions:
For purposes of these Terms, the word “Submissions” means text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this Service.
We are always pleased to receive your comments, suggestions, and Submissions regarding this Service, our products and services, and our opportunity. If you transmit to us, post, or upload any Submissions to or through this Service, you grant us and our affiliates a non-exclusive, royalty-free, fully paid up, sub-licensable, transferable, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, create derivative works, and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes. You waive any rights you may have regarding your Submissions being altered or manipulated in any way that may be objectionable to you. This license will continue even after you stop using the Service. You also hereby grant each user of the Service a non-exclusive license to access your Submissions through the Service and third party social media sites, such as Facebook and Instagram.
By communicating a Submission to us, you represent and warrant that the Submission and your communication thereof conform to the “Rules of Conduct” section set forth below and all other requirements of these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Service. You also acknowledge and agree that your Submission is non-confidential and non-proprietary.
You understand and agree that you will not obtain, as a result of your use of the Service, any right, title, or interest in or to such content delivered via the Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
Accounts: Some services on this Service permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes.
Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You also agree to promptly notify us at email@example.com of any unauthorized use of your username, password, other account information, or any other compromise of your credentials or account that you become aware of involving or relating to this Service. You will be solely responsible for the losses incurred by RE:BEAUTY LLC and others due to any unauthorized use of your account. We may suspend or terminate your account and your ability to use the Service or any portion thereof for failure to comply with these Terms or any special items related to a particular service, for infringing copyright, or for any other reason whatsoever.
Public Forums: “Public Forum” means an area or feature offered as part of this Service that offers the opportunity for users to distribute Submissions for viewing by one or more Service users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or email function.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through the Service under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum. You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, or represent or guarantee the truthfulness, accuracy, or reliability of the opinions, advice, information, content, or recommendations posted or sent by users in any Public Forum, including postings by RE:BEAUTY LLC employees, and we specifically disclaim any and all liability in connection therewith. You accept that any reliance on material posted by users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We owe you no obligation, and therefore may refuse to post, deliver, display, transmit, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Service.
Communications: You agree to receive email from us at the email address you provided to us for customer service related to the Services. We may send you email communications when you have opted to receive them. We may also send you special offers based on your selected interests. You may opt not to receive such promotional emails from us at any time by clicking on the unsubscribe link in each email. Consent for the sending of such commercial electronic messages will be sought by RE:BEAUTY LLC located at the contact information set out below in these Terms.
By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
Rules of Conduct:
The following Rules of Conduct apply to the Service.
You agree to use the Service only for its intended purpose and in an authorized manner. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. By using the Service, you agree that you will not upload, post, or otherwise distribute to the Service any Submission that:
- is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- attempts to or interferes with, harms, reverse engineers, steals from, or gains unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service;
- attempts to or results in data mining, robots, or the use of other data gathering devices on or through the Service, unless specifically allowed by these Terms;
- sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
- accesses the Service from a jurisdiction where it is illegal or unauthorized;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, abuse, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Service; or
- does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, and “trolling” as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
Removal of Submissions: We reserve the right, but disclaim any obligation or responsibility, to (a) monitor or review Submissions; (b) refuse to post or communicate or remove any Submission from the Service for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service; and (c) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and/or protect the safety or security of any person or property, including the Service. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
International: When you use the Service, you are responsible for compliance with applicable local laws.
Children: RE:BEAUTY LLC is committed to the safety of our children. Persons under the age of majority in his or her jurisdiction of residence may not enroll as RE:BEAUTY LLCIndependent Re:presentatives or register as customers. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
Disclaimer of Warranties:
“Released Parties” include RE:BEAUTY LLC and its affiliates, subsidiaries, officers, employees, agents, partners, Re:presentatives, licensors, licensees, resellers and distributors.
You expressly understand and agree that your use of the Service and any products or services made available on or through the Service is at your own risk, and the Service and any products or Services made available are provided on an “as is” and “as available” basis and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, released parties disclaim all warranties, expressed or implied, including but not limited to warranties as to products and services offered by the released parties or other persons on or through the Service, implied warranty, fitness for any particular purpose, accuracy, completeness, availability, security, compatibility and non-infringement. Released parties do not warrant that the service and the results that may be obtained from the use of the Service are accurate, uninterrupted, error-free, reliable or correct, that this Service will be available at any particular time or location, that any defects or errors will be corrected, that the Service or any products or services made available on or through the Service will meet your requirements, that the quality of the products or services available on the Service will meet your expectations or that the Service or servers that make the content available are free of viruses or other harmful components. This Service may include technical inaccuracies or typographical errors. Any material downloaded or otherwise obtained through the use of this Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material. You hereby irrevocably waive any claim against released parties with respect to content and any content you provide to third party services (including credit card and other personal information). Released parties may improve, suspend or change the products or services described in this Service at any time without notice or liability. Released parties assume no responsibility for and disclaim all liability for any errors or omissions in this Service or other documents which are referred to within or linked to this Service.
Limitation of Liabilities: Under no circumstances including negligence will released parties be liable to you or any other person or entity for any direct, indirect, incidental, occasional, special, consequential or exemplary damages including lost profits, goodwill, use, data or other intangible losses, personal injury or death and property damage of any nature whatsoever that result from the use, or inability to use, this Service, content or any products or services made available through the Service, or the conduct or actions, whether online or offline, of any other user of the Service or any other person or entity, or the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained, or messages received or transactions entered into through, from or as a result of the Service; unauthorized access to or alteration of your transmissions of data, your reliance on content made available by us or any other matter relating to the Service. In no event shall the released parties’ total collective liability to you for all damages, losses and causes of action for accessing or participating in any activity related to the Service exceed the amount paid by you to use the Service (if any) or $100 (whichever is less). Moreover, under no circumstances shall the released parties be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our or their reasonable control. We may terminate your further access to the Service, or change the Service or delete features or content in any way, at any time and for any or no reason. The limitations, exclusions and disclaimers in this section and elsewhere in these terms apply to the maximum extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any RE:BEAUTY LLC Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding. This provision shall survive the termination of these Terms and remain in full force and effect.
Governing Law, Jurisdiction and Venue:
You agree that any action at law or in equity arising out of or relating to these Terms or the Service shall be filed, and that venue properly lies, only in the State or Federal courts located in New York County, State of New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Arbitration, Class Waiver, and Waiver of Jury Trial:
You and RE:BEAUTY LLC mutually agree to resolve any justiciable disputes between you, including any disputes involving your use of the Services, exclusively through final and binding arbitration before a single arbitrator instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to RE:BEAUTY LLC, 22 Paris Avenue, Suite 103, Rockleigh NJ 07647 Attn: Legal Department.
Class Action Waiver. You and RE:BEAUTY LLC mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). Notwithstanding any other clause contained in this Agreement or the JAMS Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”), except as follows:
- One arbitrator selected in accordance with the JAMS Rules shall hear the arbitration. The arbitrator shall be an attorney with experience in the law underlying the dispute.
- The parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place within 25 miles of where you are located.
- Unless applicable law provides otherwise, as determined by the arbitrator, the parties agree that RE:BEAUTY LLC shall pay all of the arbitrator’s fees and costs.
- The arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
- Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.
- The arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
- The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law.
- Either party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration may be rendered ineffectual.
Regardless of any other terms herein, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.
General Provisions: We make no representations that the Content on the Service is appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Supply of goods, services and software through the Service is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Service, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Service if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List, or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
You may contact us regarding these Terms or the Service by any of the following methods:
By Mail: RE:BEAUTY LLC Attn: Legal Department 22 Paris Avenue, Suite 103, Rockleigh NJ 07647
By Email: email@example.com
These Terms are effective as of September 30, 2015, and shall remain in effect until modified and/or updated as provided in the “Modification” section above.