Effective Date: September 21, 2020
WELCOME TO ITEM BEAUTY!
YOU MUST BE AT LEAST 13 YEARS OF AGE IN ORDER TO USE THIS WEBSITE. IF YOU ARE NOT AT LEAST 13 YEARS OF AGE, PLEASE DO NOT USE OR INTERACT WITH THIS WEBSITE.
All of the Site's material and information is offered solely for personal educational or informational purposes. The information, materials, statements and services are not intended to diagnose, treat or prevent any condition or illness. Please use all products strictly in accordance with their instructions, precautions, warnings and guidelines. Please always check each product's ingredients to avoid potential allergic reactions. Minors may use goods or product obtained from the site only after the minor's parent(s) or guardian has discussed the product's use with the minor's physician or medical professional. Any statements offered about products have not been evaluated by the United States Food & Drug Administration (unless otherwise specified), and any results reported may not necessarily occur in all individuals. ITEM Beauty products are not intended for use in medical, life-saving or life-sustaining applications, nor for any application in which the product's failure could create a situation where personal injury or death may occur.
ACCURACY OF INFORMATION
ITEM Beauty has endeavored to provide accurate information on the Site but assumes no responsibility for the information's accuracy. We do not warrant that the product descriptions, details, colors or other content on the Site are accurate, complete, reliable, current, or error-free. The actual colors you see, for example, will depend on the device you are using to view the product and may not be accurate. The Site's reference to any goods, services, processes, activities or other information offered by other parties does not imply any endorsement or recommendation by ITEM Beauty itself unless specifically stated otherwise. Our Site may contain inaccuracies or typographical errors and may not be complete or current. ITEM Beauty reserves the right to correct any errors, inaccuracies or omissions (including after you have submitted an order) and to change or update information at any time without prior notice. We reserve the right to cancel or to decline to accept any order placed based on incorrect pricing or availability information, and we apologize for any inconvenience this may cause.
ELIGIBILITY TO USE THIS SITE
- General: You may access the Site from anywhere in the world. However, you must be a legal resident of the United States to use certain Site features and to make purchases.
- Residency: The Site is available to anyone in the world, but most of the ITEM Beauty products are limited to customers residing in the United States. Please note that we may sell items that are classified as ORM-D, which prevents us from shipping them to certain locations. We make no guarantee that you will be eligible to receive every product we sell or distribute.
- Age: You are not authorized to access or use the Site or make purchases if you are under 13 years old. Individuals under 18 years old must at all times use the Site only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user and will be responsible for any and all use of the Site by the individual under 18.
- Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify ITEM Beauty of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. ITEM Beauty will not be liable for any loss or damage arising from your failure to comply with this Section.
- Account Transfer Prohibited: You may not transfer or sell your account or username to any other party. You are fully responsible for all activity of your account and username.
- General Practices Regarding Site Use and Storage: You acknowledge that ITEM Beauty may establish general practices and limits concerning Site use and storage. You agree that ITEM Beauty has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that ITEM Beauty may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.
- Trademarks: The trademarks, logos, service marks, product names and shade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed on the Site without our written permission or that of the third-party rights holder.
- Content You Submit: You must own all User Content you submit to our Site or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities and you submit User Content at your own risk. ITEM Beauty does not claim ownership rights in your User Content. When you submit User Content you grant us a license to use such content, but you retain ownership.
- Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold ITEM Beauty harmless for any dispute concerning such re-posting. ITEM Beauty assumes no responsibility for any third party's intellectual property infringement of User Content.
PROHIBITED USER CONDUCT
You agree that while using the Site, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from ITEM Beauty, its affiliates, or another user; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the Site ; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.
INFORMATION ON THE SITE
We control and operate the Site from the United States. ITEM Beauty does not control User Content postings.
You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please firstname.lastname@example.org. We will review your concerns in good faith. If you want us to remove User Content posted by you, please email@example.com. We will remove your User Content as soon as reasonably possible. Please also review ourCopyright and Trademark Policy.
LINKING TO THE SITE
You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.
FEES AND BILLING
Prices are quoted in U.S. dollars. You agree to pay in full the price for each product purchased by credit card, debit card, or by any other payment means acceptable to ITEM Beauty as each payment, if any, is due. You agree to pay all applicable taxes, if any. If ITEM Beauty does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
Our total price for any purchase of a product will include the price of the product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with ITEM Beauty and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.
Unless otherwise indicated, our total price for any purchase of a product will include shipping and handling fees.
RISK OF LOSS
A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
ITEM BEAUTY AND ITEM BEAUTY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ITEM BEAUTY AND ITEM BEAUTY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM ITEM BEAUTY TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE THAT YOUR USE OF THE SITE AND THE ITEM BEAUTY SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT ITEM BEAUTY HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
IN NO EVENT SHALL ITEM BEAUTY OR ITEM BEAUTY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THESE TERMS OF MUSE OR YOUR USE OF THE SITE, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF ITEM BEAUTY AND ITEM BEAUTY'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE AMOUNT OF PRODUCTS YOU’VE PURCHASED, IF ANY, THROUGH THIS SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LEGAL DISPUTES; ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ITEM BEAUTY HAVE AGAINST EACH OTHER ARE RESOLVED.
If a dispute arises between you and ITEM Beauty, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our customer support team by sending us an email firstname.lastname@example.org. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and ITEM Beauty each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either ITEM Beauty or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND ITEM BEAUTY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ITEM BEAUTY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Exceptions to Agreement to Arbitrate
We all agree that we will go to court to resolve disputes relating to:
- Your or ITEM Beauty’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
- Any claim made in small claims court either in Santa Clara County, California, in the country where you live, or some other place we both agree on, if it qualifies to be brought in that court.
No Class Actions
We all agree that we can only bring a claim against each other on an individual basis.
- Neither you nor ITEM Beauty can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
- The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
- The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.
The Arbitration Process
The American Arbitration Association (AAA) will manage the arbitration between you and ITEM Beauty, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
You are allowed to select the arbitration location as being in the county or province where you live or in Santa Clara County, California. We can also choose a third location if we mutually agree.
If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person. You can have a hearing by phone. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.
While most arbitrators render a verbal decision, both you and ITEM Beauty have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, ITEM Beauty and/or you can ask a court to confirm it. In some very limited circumstances, we may be allowed to ask a court to change the decision or award. This is information you will be provided should the arbitration process prove unsatisfactory.
If your claim is for $10,000 (US) or less, ITEM Beauty is open to paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA. You must tell the AAA at the time you begin the arbitration proceeding. ITEM Beauty will be notified of your request.
If your claim is for more than US $10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, ITEM Beauty will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for you.
We won’t try to have you pay us back for covering your fees and we won’t try to make you cover our fees unless the arbitrator decides that your claims are frivolous and it is fair to make you do this under the circumstances.
The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether these dispute resolution provisions regarding arbitration and class action can be enforced and how they should be interpreted.
Apart from that, if you are U.S. resident, these terms and our relationship will be governed by California law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms of Service and our relationship will be governed by English law, except for its conflicts of laws principles.
CHOICE OF LAW
For intellectual property issues, such as claims of copyright or trademark infringement, please provide notice as specified in ITEM Beauty'sCopyright and Trademark Policy.
MODIFICATIONS AND TERMINATION OF THIS SITE
ITEM Beauty reserves the right at any time to discontinue, temporarily or permanently, the Site or any service provided by the Site (or any part thereof) with or without notice. You agree that ITEM Beauty will not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any service.
Created: August 1, 2020
Revised: September 21, 2020