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Terms of Use

These Terms of Use (“Terms”) apply to Counter Brands Skincare Canada Inc. dba “Beautycounter” owner of the Beautycounter site at Beautycounter.com (the “Site”), and to content and materials on the Site (collectively, “Content”). By using the Site or accessing its Content, you accept and agree to these Terms, which govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

If you do not agree with any of these Terms of Use, please do not use the Site. By using this Site, you will be deemed to have irrevocably agreed to these Terms. Some portions of the Site may be subject to additional terms and conditions which will be available for your review prior to accessing these portions of the Site. Such additional terms and conditions will not change or replace these Terms regarding use of the Site, unless otherwise expressly stated.

SEE BELOW FOR BUYER’S RIGHT TO CANCEL. The Buyer’s Right to Cancel applies to Beautycounter end customers; it does not apply to Independent Consultants.

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 Counter Brands Skincare Canada Inc. or Beautycounter 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.

Upon your acceptance of the terms and conditions of these Terms of Use, you will be permitted to use our Site. Subject to the terms and conditions in these Terms of Use, Beautycounter hereby grants you a limited, non-sublicenseable, non-assignable, non-exclusive, non-transferable and fully revocable license to use the Site and the Content for your own personal and non-commercial use except as otherwise permitted pursuant to an existing and applicable Consultant Agreement between you and Beautycounter (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein. You agree that you shall not take or permit any action with respect to the Site or any component of the Site (including, without limitation, the Content) that is not expressly authorized under this limited license. Your limited license to use our Site and the Content is automatically revoked upon termination or expiration of these Terms of Use (whichever occurs first).

If you are an Independent Consultant, the Beautycounter Policies and Procedures, the Beautycounter Career Plan, and the Member Enrollment Terms (collectively, the “Consultant Agreement”) which you agreed to when you signed up as an Independent Consultant will govern in the event of any direct conflict between these Terms and the Consultant Agreement.

PRIVACY

For information on our privacy practices, please see our Privacy Statement, which is hereby incorporated into these Terms.

DISCLAIMERS & WARRANTIES

The Site and Content are provided on an “as is” and “as available” basis. YOUR USE OF THIS SITE AND ANY PRODUCTS MADE AVAILABLE ON OR THROUGH THE SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BEAUTYCOUNTER AND THE SITE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SITE, CONTENT OR PRODUCTS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Beautycounter does not make any representations or warranties that (a) the Site, Content or products will meet your requirements or expectations; (b) the operation of the Site or Content will be uninterrupted, timely, secure, accurate, or error-free or that any errors will be corrected; (c) any particular results will be obtained from the use of the Site or products purchased on or through the Site; (d) the Site or any component of the Site (including, without limitation, the Content) will be compatible with your computer, mobile or other device and/or software the transmission of information to and from the Site will be secure; (e) the use of the Site or any component of the Site (including, without limitation, the Content) will not infringe the rights (including, without limitation, intellectual property rights) of any person or entity; or (f) the Site or the server that make the Site available are free of viruses or other harmful components. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.

Any products and/or services described on the Site are offered only in jurisdictions where they may be legally offered for sale. The information available on or through the Site is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.

Any and all information obtained from or through the Site is for informational purposes only and is not intended to provide specific advice and should not be relied upon in that or any other regard. Your reliance on any information obtained from or through the Site is solely at your own risk.

Beautycounter will not under any circumstances be liable to you or any other person or entity for any damages whatsoever arising from, connected with, or relating to, directly or indirectly, the Site or any component of the Site (including, without limitation, the Content or products purchased on or through the Site). You expressly acknowledge that Beautycounter has entered into this agreement with you and makes the Site and each component of the Site (including, without limitation, the Content and products purchased on or through the Site) available to you, in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Beautycounter. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy, or termination of this agreement.

OUR USE OF CONTENT

Beautycounter will consider anything you provide to Beautycounter and/or contribution to the Site as available for our use free of any obligations to you, except where solicited invited submissions are expressly governed by additional terms appearing elsewhere on this Site, in which case those additional terms will determine how we treat your invited submission.

Subject to the provisions of any additional terms, by posting or uploading any content to the Site and/or providing any communication or material to Beautycounter (“User Content”), you automatically and irrevocably: (a) grant Beautycounter a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Beautycounter and/or by any person authorized by Beautycounter, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible into perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Beautycounter as your agent with full power to enter into any document and/or do any act Beautycounter may consider appropriate to confirm the grant and assignment; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation to you or any other person and that Beautycounter shall not be liable for any use or disclosure of such User Content.

Certain features and/or portions of the Site may permit you to share your User Content. You understand that any User Content you choose to share via the Site may be copied, used, modified, or distributed by any other users. Further, you understand that once your User Content is shared, it cannot always be withdrawn. You assume all risks associated with your User Content – including, but not limited to, any third party’s reliance on its quality, accuracy, or reliability, or any disclosure of information in your User Content that makes you or others personally identifiable. You hereby agree that Beautycounter has no responsibility or liability whatsoever for any such activities. You also agree and understand that your User Content is not sponsored or endorsed by Beautycounter, and you will not imply that your User Content is in any way sponsored or endorsed by Beautycounter. Please consider carefully what User Content you choose to share.

USER CONDUCT AND USER CONTENT

You hereby agree that you shall not use the Site to upload, post, communicate or otherwise submit or transmit through, or to, the Site any User Content that:

i. may, in the sole and absolute discretion of Beautycounter, degrade, tarnish, disparage, or deprecate Beautycounter, and/or any of its products or services, including without limitation any Website and/or the public image or standing in the community of Beautycounter or any of its affiliates;

ii. is deemed, in the sole and absolute discretion of Beautycounter to be defamatory, trade libelous, pornographic or obscene;

iii. is deemed, in the sole and absolute discretion of Beautycounter to contain, depict, include, discuss or involve, without limitation, any content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Beautycounter in its sole and absolute discretion;

iv. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence;

v. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of other persons or entities, or give rise to any claims whatsoever;

vi. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or

vii. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (including, but not limited to, photographs, pictures, texts and lyrics) unless you have first obtained all necessary consents and permissions from the owner or owners of such materials.

LINKS TO THIRD PARTY WEBSITES

The Site includes links to various third party websites. Beautycounter is providing these links solely as a convenience. Such linked third party sites are not under the control of Beautycounter. We have not reviewed all of the sites linked from the Beautycounter Site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on the Beautycounter Site does not imply Beautycounter’s endorsement of the linked site, its sponsors or any products or services offered on the linked site. Use of any linked site is at your own risk.

INDEMNITY

You agree to indemnify, defend, and hold harmless Beautycounter and its officers, employees, directors, agents and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from: (a) your breach of these Terms of Use or of any representation or warranty made by you in these Terms; (b) any submissions you make to the Site; and/or (c) your activities in connection with the Site or Content.

PRODUCT PURCHASES

Availability of a product may vary. Beautycounter reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made if we make a change to or cancel an order.

Beautycounter takes reasonable precautions to ensure that all product descriptions, prices and other information shown on the Site is correct and fairly described. However, when ordering products or services through our websites, please note that:

i. Beautycounter reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;

ii. Beatycounter reserves the right to refuse or discontinue the supply of any product or service to any customer, or change, suspend or discontinue any aspect of our websites at any time in our sole and absolute discretion;

iii. and contents may vary from that shown on our websites;

iv. any weights, dimensions, and capacities shown on our websites are approximate only;

v. all ms are subject to availability and we will inform you as soon as reasonably possible if any product or service you ordered is not available and whether we may offer you an alternative of equal or higher quality and value.

Please also note that we may be required to change the terms of any products, goods or services that we offer and/or you purchase. This includes without limitation changes to prices, taxes, shipping and handling amounts, specifications, delivery times, and/or package contents. Beautycounter will provide you with prior notice of any changes, by posting a notice on our websites, and/or sending an e-mail to you at the address you provided at the time of purchase. Beautycounter will not incur any obligation as a result of such change. By continuing to purchase products, goods and/or services after we have notified you of a change to any terms, you will be deemed to have accepted the change.

All purchases are subject to applicable shipping and handling, and sales and/or other taxes, which will be applied to your order total.

PAYMENT

You agree that Beautycounter 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.

When you provide any information to Beautycounter for any reason, such as to purchase products, you agree to only provide true, accurate, current, and complete information. You must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. You must promptly notify us if your payment card is cancelled (for example, for loss or theft). To help keep your account current and prevent service interruption, you acknowledge Beautycounter may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card.

SHIPPING

We will take commercially reasonable efforts to ship your products within the timeframe indicated on the Site. Any timeframes Beautycounter provides are good faith estimates and may be subject to change. We will take commercially reasonable steps to inform you in writing of any shipping delays that extend beyond the timeframe we provided at the time of purchase. Product availability may be limited in some cases and not available for immediate shipment.

RETURNS

In addition to the Buyer’s Right to Cancel below, Beautycounter offers a 60-day return policy on product purchases, available here.

APPLICABLE LAWS & JURISDICTION

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of the products and services on the Site.

Beautycounter controls the Beautycounter Site (excluding third party linked sites) from its businesses offices within Santa Monica, California, United States of America. Beautycounter makes no representation that the Content is appropriate or available for use in other locations outside of the United States or Canada, and accessing the Site or Content from jurisdictions where such access or the Content is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions.

For users of the Site who are not individual residents of Quebec, the laws of California, specifically excluding choice or conflict of laws principles, will apply to all disputes relating to or arising from you use of this Site (a “Dispute”). You also agree to submit to the exclusion personal jurisdiction and venue of Los Angeles County, in Santa Monica, California, United States of America, or of any federal court located in California for resolution of any and all Disputes related to the Site or Content.

For users of the Site who are individual residents of Quebec, the laws of Quebec, specifically excluding choice or conflict of laws principles, will apply to all Disputes relating to or arising from you use of this Site. You also agree to submit to the exclusion personal jurisdiction and venue of the courts in Montreal, Quebec, Canada, for resolution of any and all Disputes related to the Site or Content.

This provision applies to the extent permitted by the applicable law, and is not binding on individuals resident in Ontario, Saskatchewan, or Quebec. You also acknowledge and understand that, with respect to any Dispute: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY DISPUTE.

In any event we incur attorneys’ fees or expenses in connection with the collection of sums owed to us by you under these Terms, we shall be entitled to recover of those fees and expenses from you.

COPYRIGHTS & TRADEMARKS

The Site and Content are the property of Beautycounter, and its licensors and are protected by United States, Canadian, and International Copyright laws. All copyright, trademark, and other proprietary rights in the Beautycounter Site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Beautycounter at the Beautycounter Site or elsewhere are reserved to Beautycounter and its licensors.

The following are Beautycounter trademarks: Beautycounter. In addition, the Site may contain trademarks, logos, and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on the Beautycounter Site or in any Beautycounter site are the sole property of their respective owners.

INTELLECTUAL PROPERTY NOTICES

Beautycounter respects the intellectual property rights of others and expects you to do the same. If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, you agree to promptly report any alleged copyright or trade-mark infringements taking place on or through the Site by providing a written notice with the following information:

• Identification of the copyrighted work or trade-mark that you claim has been infringed;

• Identification of the allegedly infringing content, and information reasonably sufficient to permit Beautycounter to locate it;

• A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law;

• A statement by you that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner's behalf; and

• Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

Deliver the notice to us at the following address: 2803 Colorado Ave, Santa Monica, CA 90404

GENERAL

If any provision or part thereof of these Terms of Use is held invalid or unenforceable by any court having competent jurisdiction, such provision or part thereof shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of these Terms of Use shall continue in full force and effect. These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms of Use to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

Manitoba, Saskatchewan, Alberta, Yukon, Nunavut, The Northwest Territories, Nova Scotia, Newfoundland, New Brunswick and P.E.I.

STATEMENT OF CONSUMER CANCELLATION RIGHTS/ BUYER’S RIGHT TO CANCEL

You may cancel this contract from the day you enter into the contract until 10 days after you receive a copy of the contract. You do not need a reason to cancel.

If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office. If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.

To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax or by personal delivery.

DROIT DE RÉSILIATION DE L’ACHETEUR

Vous pouvez résilier le présent contrat à compter de la date de conclusion du contrat, et ce, pendant une période de 10 jours après la reception d’une copie du contrat. Vous n’avez pas besoin de donner une raison pour résilier le contrat.

Si vous ne recevez pas le bien ou le service au cours des 30 jours qui suivent la date indiquée dans le contrat, vous avez un an, à compter de la date du contrat, pour résilier le contrat. Toutefois, vous perdez ce droit de résiliation si vous acceptez la livraison après la période de 30 jours. Le droit de résiliation peut être prolongé pour d’autres raisons. Pour de plus amples renseignements, communiquez avec votre bureau provincial/territorial de la consommation. Si vous résiliez le présent contrat, le vendeur doit, dans les 15 jours qui suivent, vous rembourser toute somme que vous lui avez versée et vous remettre tout bien qu’il a pris en échange ou la somme correspondant à la valeur de ce dernier. Vous devez alors retourner le bien acheté.

Pour résilier le présent contrat, il vous suffit de donner un avis de résiliation à l’adresse mentionnée dans ce contrat. L’avis doit être donné par un moyen qui vous permet de prouver que l’avis a réellement été donné, y compris par courrier recommandé, télécopieur ou remise en personne.

Manitoba Residents Only: You may give notice of cancellation to Aikins Law, Attn: James A. Ferguson, Floor, 360 Main Street, Winnipeg, MB, R3C 4G1.

Nova Scotia Residents Only: You may give notice of cancellation via fax, mail or personal delivery to: Counter Brands Skincare Canada Inc., Vantage Business Centre, 228 – 102 Chain Lake Drive, Halifax, NS, B3S 1A7.

CONSUMER'S RIGHT TO CANCEL

British Columbia:

This is a contract to which the Business Practices and Consumer Protection Act applies. You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of the contract. You do not need a reason to cancel.

If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation.

If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.

To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, facsimile, or by personal delivery. If you send the notice of cancellation by mail, facsimile or electronic mail, it doesn’t matter if the seller receives the notice within the required period as long as you sent it within the required period.

YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2002

Ontario:

You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for cancelling during this 10-day period.

If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.

If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.

In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.

To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.

If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).

However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier, except goods that can be repossessed by or returned to the supplier.

If the supplier requests in writing repossession of any goods that came into your possession under the agreement, you must return the goods to the supplier’s address, or allow one of the following persons to repossess the goods at your address: the supplier, a person designated in writing by the supplier.

If you cancel this agreement, you must take reasonable care of any goods that came into your possession under the agreement until one of the following happens: the supplier repossesses the goods; the supplier has been given a reasonable opportunity to repossess the goods and twenty-one (21) days have passed since the agreement was cancelled; you return the goods; the supplier directs you in writing to destroy the goods and you do so in accordance with the supplier’s instructions.

Une version française de cette entente est disponible /
French version of this agreement is available.

Québec:

Je déclare comprendre les termes de cette entente dans sa version anglaise et je consens à ce qu’elle soit rédigée en anglais / I hereby declare that I understand the terms of this agreement in its English version and I consent that it is written in English.

STATEMENT OF CONSUMER CANCELLATION RIGHTS
(Consumer Protection Act, section 58)

You may cancel this contract for any reason within 10 days after you receive a copy of the contract along with the other required documents.

If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel the contract within one year. You lose that right if you accept delivery after the 30 days. There are other grounds for an extension of the cancellation period to one year, for example if the itinerant merchant does not hold a permit or has not provided the required security at the time the contract is made, if the goods are never delivered or the services never performed, or if the contract is incorrectly made or worded. For more information, you may seek legal advice or contact the Office de la protection du consommateur.

If you cancel the contract, the itinerant merchant must refund all amounts you have paid, and return to you the goods received in payment, as a trade-in or on account; if the merchant is unable to return the goods, you are entitled to receive an amount of money corresponding to the value indicated in the contract or the cash value of the goods, within 15 days of cancellation. You also have 15 days to return to the merchant any goods you received from the merchant.

To cancel, you must return the items received from the merchant to the merchant or the merchant's representative, send the merchant the cancellation form printed below, or send the merchant written notice of cancellation. The form or written notice must be sent to the merchant or the merchant's representative at the address indicated on the form, or at any other address indicated in the contract. You must give notice of cancellation by personal delivery or by any other method that will allow you to prove that you gave notice, including registered mail, E-mail, fax and courier.

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