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Beautycounter.com | Baby Shop
Beautycounter.com | Baby Shop
Beautycounter.com | Baby Shop

baby has arrived

The collection designed for newborns and beyond. Simple, fewer ingredients from the start.

Terms of Use

Last Revised: November 17, 2016

PLEASE REVIEW TERMS OF USE CAREFULLY, AS THEY AFFECT YOUR RIGHTS.

  1. Acceptance of Terms of Use by Use of Site
  2. Additional Terms and Conditions
  3. Modifications
  4. No Waiver
  5. Privacy
  6. Disclaimers & Warranties
  7. Our Use of Content
  8. Links to Third Party Websites
  9. Indemnity
  10. Applicable Laws & Jurisdiction
  11. Disputes: Arbitration Agreement, Time Limitation, & Class Waiver
  12. Copyrights & Trademarks
  13. Severability
  14. Headings for Convenience Only
  15. 1. Acceptance of Terms of Use by Use of this Site

    These Terms of Use apply to your use 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 of Use, 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 of Use.

    2. Additional Terms and Conditions

    Some portions of the Site may be subject to additional terms and conditions which will be available for your review prior to accessing those portions of the Site. Such additional terms and conditions will not change or replace these Terms of Use, unless otherwise expressly stated.

    3. Modifications

    We reserve the right to modify, update, or remove portions of these Terms of Use at any time, so please check back and review these Terms of Use from time to time. We will provide notice of any material changes by posting the revised Terms of Use on the applicable website(s) with an updated “Last Revised” Date. Any material changes will take effect automatically 30 days after they are posted on our website.

    Your continued use of the Site signifies your acceptance of any changes. If you do not agree with our Terms of Use, you should discontinue your use of the Site.

    4. No Waiver

    The failure of Counter Brands, LLC or Beautycounter to enforce these Terms of Use at any time for any reason, shall not be construed as a waiver of any right to do so at any time.

    5. Privacy

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

    6. Disclaimers & Warranties

    Content on the Site is provided for entertainment purposes only.

    The Site and Content are provided on an “as is” and “as available” basis. YOUR USE OF THIS 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 OR CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

    Counter Brands, LLC does not make any representations or warranties that (a) the Site or Content 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 (d) 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.

    7. Our Use of Content

    Counter Brands, LLC 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 and assign Counter Brands, LLC 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 Counter Brands, LLC, 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 Counter Brands, LLC as you agent with full power to enter into any document and/or do any act Counter Brands, LLC 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 Counter Brands, LLC shall not be liable for any use or disclosure of such User Content.

    8. 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.

    9. Indemnity

    You agree to indemnify, defend, and hold harmless Counter Brands, LLC 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 indirect out of or from: (a) your breach of these Terms of Use or of any representation or warranty made by you in these Terms of Use; (b) any submissions you make to the Site; and/or (c) your activities in connection with the Site or Content.

    10. 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.

    Counter Brands, LLC owns and controls the Beautycounter Site (excluding third party linked sites) from its corporate offices within Santa Monica, California, United States of America. Counter Brands, LLC makes no representation that the Content is appropriate or available for use in other locations, 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.

    The Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute between you and Beautycounter arising out of or relating in any way to your use of the Site or to your use or purchase of any Beautycounter products or services.

    11. Disputes: Arbitration Agreement, Time Limitation, & Class Waiver

    PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

    Any dispute or claim relating in any way to your use of the Site, to your purchase or use of any Beautycounter product, or to your participation in the Band of Beauty membership program, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

    By agreeing to arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms of Use as a court would.

    To help resolve any issues promptly and directly, you and Beautycounter agree to commence any dispute resolution proceeding within 1 year after a claim arises; otherwise, the claim is waived.

    We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you and Beautycounter agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

    To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Attn: General Counsel, 2803 Colorado Ave, Santa Monica, CA, 90404. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Beautycounter will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another location that is mutually agreed upon.

    If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

    12. Copyrights & Trademarks

    The Site and Content are the property of Counter Brands, LLC, and its licensors and are protected by United States 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 Counter Brands, LLC at the Beautycounter Site or elsewhere are reserved to Counter Brands, LLC and its licensors.

    The following are Counter Brands, LLC 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 Counter Brands, LLC site are the sole property of their respective owners.

    13. Severability

    If any provision of these Terms of Use is held to be unlawful, invalid, void, or for any reason unenforceable, you and we agree that the provision will be deemed severable from the Terms of Use and will not affect the validity and enforceability of any remaining provisions (including any remaining provisions under the heading of the provision that was deemed unenforceable).

    14. Headings for Convenience Only

    Any heading or subheading contained in these Terms of Use is solely for convenience of navigation and should not be used to interpret any specific provision.

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