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Terms of Use

Last Revised: January 17, 2018

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

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (AS DEFINED IN SECTION 11) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN A COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 11 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREMENT ALSO INCLUDES A CLASS ACTION WAVIER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVDUALLY AND NOT AS A PART OF A CLASS ACTION.

  1. Acceptance of Terms of Use by Use of Site
  2. Use of the Sites
  3. Modifications
  4. No Waiver
  5. Privacy
  6. Disclaimers & Warranties
  7. Our Use of Content
  8. Prohibited Uses
  9. Links to Third Party Websites
  10. Indemnity
  11. Applicable Laws & Jurisdiction
  12. Disputes: Arbitration Agreement, Time Limitation, & Class Waiver
  13. Intellectual Property
  14. Purchasing Products on The Sites
  15. Severability
  16. Headings for Convenience Only


1. TERMS OF USE OF THE SITES

Beautycounter.com and Beautycounter.com/fr-ca (collectively, the “Sites”) are owned and operated by Counter Brands, LLC dba Beautycounter (collectively, “CounterBrands”, “us”, “we”, or “our”). These Terms of Use, and any amendments or supplements to it, together with our Privacy-Policy (collectively, the “Agreement”) apply to your use of the Sites, content and materials on the Sites (collectively, “Content”), any order you place through the Sites, and your use of our products. By using the Sites or accessing its Content, you accept and agree to these Terms of Use, which govern your use of the Sites. Please read these Terms of Use carefully before using the Sites, 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 Sites, do not order and do not use our product. By using the Sites, you will be deemed to have irrevocably agreed to these Terms of Use.

You agree that Counter Brands may, in its sole discretion, and at any time, terminate or suspend its operation of the Sites or your use of the Sites, without prior notice to you, for any reason that Counter Brands, in its sole discretion, deems appropriate. You further agree that Counter Brands will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Sites, you agree that the provisions of the Agreement regarding protection of intellectual property rights and licenses, indemnification, disclaimer regarding information provided on the Sites, disclaimer of warranties with respect to use of the Sites, limitation on Counter Brands’ liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.

Counter Brands may assign, transfer, or sub-contract any of its rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Counter Brands. No delay by Counter Brands in exercising any right or remedy under these Terms of Use shall operate as a waiver of that right or remedy or shall affect Counter Brands’ ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Counter Brands in writing. These Terms of Use supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

2. USE OF THE SITES

In order to use the Sites, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming either that you are at least 18 years old or that you are at least 13 years old and have your parent or guardian’s consent.

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 Sites with an updated “Last Revised” Date. Any material changes will take effect automatically 30 days after they are posted on the Sites.

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

4. NO WAIVER

The failure of Counter Brands 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

Any information you give us will be stored and used in accordance with our Privacy-Policy. By indicating your acceptance of these Terms of Use, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

6. DISCLAIMERS & WARRANTIES

Content on the Sites is provided for entertainment purposes only.

THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THESE SITES IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COUNTER BRANDS AND THE SITES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SITES OR CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

COUNTER BRANDS, DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT (A) THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE OPERATION OF THE SITES 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 SITES; OR (D) THE SITES OR THE SERVERS THAT MAKE THE SITES 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.

THE INFORMATION PRESENTED ON OR THROUGH THE SITES IS MADE AVAILABLE SOLELY FOR INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. THE SITES MAY INCLUDE (OR INCLUDE LINKS TO) CONTENT PROVIDED BY THIRD PARTIES. ALL STATEMENTS EXPRESSED IN THESE MATERIALS AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY COUNTER BRANDS ITSELF, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF COUNTER BRANDS. WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

COUNTER BRANDS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECT WITH THE SITES, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THESITES, EVEN IF COUNTER BRANDS OR ONE OF ITS AFFILIATES OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COUNTER BRANDS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO COUNTER BRANDS, IF ANY, FOR ACCESSING THE SITES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7. OUR USE OF CONTENT

Counter Brands will consider anything you provide to it or contribution or post to the Sites as available for our use free of any obligations to you, except where solicited or invited submissions are expressly governed by additional terms appearing elsewhere on the Sites, in which case those additional terms will determine how we treat your solicited or invited submissions.

Subject to the provisions of any additional terms, by posting or uploading any content to the Sites or providing any communications and/or materials (“User Content”), you automatically and irrevocably: (a) grant and assign Counter Brands a royalty-free, perpetual, non-exclusive, unrestricted, fully transferrable 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 or other exploitation by Counter Brands or by any person authorized by Counter Brands, 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 as your agent with full power to enter into any document and perform any act Counter Brands 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 shall not be liable for any use or disclosure of such User Content.

8. PROHIBITED USES

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

  • In any way that violates any applicable federal, state, local, international law or regulation, or professional rules or standards (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam”, or any other similar solicitation;
  • To impersonate or attempt to impersonate Counter Brands, a Counter Brands employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); and/or
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites or which, as determined by us, may harm Counter Brands or users of the Sites or expose them to liability.

Additionally, you agree not to:

  • Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party's use of the Sites, or access any equipment or network on which the Sites are stored or operated or any software used in the operation of the Sites or any equipment or software operated by any third party;
  • Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the materials on the Sites;
  • Use any manual process to monitor or copy any of the materials on the Sites or for any other unauthorized purpose without our prior written consent;
  • Use any device, software, or router that interferes with the operation, performance or output of the Sites;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the servers on which the Sites are stored, or any servers, computers, or databases connected to the Sites;
  • Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; and/or
  • Otherwise attempt to interfere with the operation, performance or output of the Sites.

9. LINKS TO THIRD PARTY WEBSITES

The Sites include links to various third party websites. Counter Brands is providing these links solely as a convenience. Such linked third party websites are not under the control of Counter Brands. We have not reviewed all of the third party websites linked to/from the Sites and are not responsible or liable for the contents available at any such third party linked websites. The appearance of third party linked websites to/from the Sites do not imply Counter Brand’s endorsement of the third party linked websites, its sponsors or any products or services offered on the third party linked websites. Use of the third party linked websites is at your own risk.

10. INDEMNITY

You agree to indemnify, defend, and hold harmless Counter Brands 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 Sites; and/or (c) your activities in connection with the Sites or Content.

11. APPLICABLE LAWS & JURISDICTION

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

Counter Brands owns and controls the Sites (excluding third party linked sites) from its corporate offices within Santa Monica, California, United States of America. Counter Brands makes no representation that the Content is appropriate or available for use in other locations, and accessing the Sites 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 Counter Brands arising out of or relating in any way to your use of the Sites or to your use or purchase of any Counter Brands’ products or services.

12. DISPUTES: ARBITRATION AGREEMENT, TIME LIMITATION, & CLASS WAIVER

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

You acknowledge and agree that before initiating any claim against Counter Brands, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to Counter Brands LLC, 2803 Colorado Avenue, Santa Monica, California 90404; Attn: General Counsel. You agree to negotiate with Counter Brands in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Counter Brands’ receipt of your written dispute, you agree to the dispute resolution provisions below.

Any dispute or claim relating in any way to your use of the Sites, to your purchase or use of any Counter Brands’ 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.

You and Counter Brands 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 Counter Brands 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 Avenue, Santa Monica, California, 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 http://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 USD unless the arbitrator determines the claims are invalid or frivolous. Likewise, Counter Brands will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are invalid or 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, the parties waive any right to a jury trial, unless such waiver is unenforceable. The parties also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

You and Counter Brands agree to commence any arbitration proceeding within 1 year after the claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.

You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

In order to avoid irreparable injury to Counter Brands, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Counter Brands from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

13. INTELLECTUAL PROPERTY

The Sites and Content are the property of Counter Brands, and its licensors and are protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the Sites and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Counter Brands at the Sites or elsewhere are reserved to Counter Brands and its licensors. You acknowledge that content available through the Sites including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, including content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted only a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Sites for the sole purpose of using or placing an order via the Sites, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Sites shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Counter Brands’ or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

14. PURCHASING PRODUCTS ON THE SITES

Counter Brands reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. Counter Brands takes reasonable precautions to try to ensure that the prices quoted on the Sites are correct, and to describe the items available on the Sites as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Counter Brands does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Sites will match the actual product that you receive. If a product described on the Sites is not as described when you receive it, or the packaging on the Sites does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return-Policy, which is listed on the Sites under Customer Service. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Sites and to correct errors once discovered. Counter Brands reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.

15. 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).

16. 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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