Terms of use
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COMPANY NOTICES & TERMS OF USE

IMPORTANT: THESE TERMS OF USE REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN SECTION 15, “DISPUTE RESOLUTION AND ARBITRATION”, BELOW. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE INCORPORATE BY REFERENCE THE PRIVACY POLICY.

sECTION 1: gENERAL TERMS

The terms “we”, “us” and “our” refer to Liquid Beauty, Inc. and all affiliates, subsidiaries, and related entities (collectively, “Liquid Beauty”). Liquid Beauty offers this website and its mobile app (collectively, the “Site”), including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of the terms, conditions, policies and notices stated here. The information contained in this web site, and its associated web sites is provided as a service to the Internet community, and does not constitute legal bindings. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. We assume no responsibility for any discussions, postings or transmissions on the site and you are at your own risk when browsing the web site. ALL RIGHTS RESERVED and any infringement is subject to the most severe legal actions.

    • Section 1(a): By Use, You Consent to these Terms of Use. By visiting or browsing on this Site, among other things, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”). The Terms of Use include additional terms, conditions, and policies referenced in this document or available by hyperlink. The Terms of Use apply to, among others, all users of the Site, including users who are browsers, vendors, customers, merchants, or contributors of content.
    • Please read these Terms of Use carefully before visiting, shopping on, or otherwise using our Site or agreeing to be bound. By using any part of the Site, you agree to be bound by these Terms of Use without modification of any kind. If you do not agree to any and all of our Terms of Use as set forth below, then you may not use the Site or any Service.
    • This Site is intended for U.S. residents.
    • The headings are included for convenience only and will not limit or otherwise affect these Terms of Use.
    • Section 1(b):  No Unauthorized Use. You may not amend, copy, distribute, send, display, publish, license, create derivative works from, transfer, or sell any information, software, products, or sources from this Site without our advance written permission. No rights or interests in any downloaded materials are transferred to you as a result of your downloading, copying, or printing any such materials
    • Section 1(c):   Updates to the Terms of Use and the Site. Liquid Beauty reserves the right to update, delete, replace, or otherwise change all or any part of these Terms of Use by posting such changes to the Site, but we have no obligation to update any information on the Site at any time. Any modifications to this Site will also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. It is your responsibility to check this page from time to time to review the changes. Your continued use of or visit to the Site following the posting of any changes constitutes your acceptance of such changes.
    • Section 1(d):  No Illegal Use. You may not use this Site or our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
    • Section 1(e):   Consequence of Breach. A breach or violation of any of the Terms of Use will result in an immediate termination of your access to this Site and your right to utilize the Services. We reserve the right to refuse Service to anyone for any reason at any time.
    • Section 1(f):   COPPA Compliance. The Children’s Online Privacy Protection Act (COPPA) protects the online privacy and personal information of children under 13 years of age. In compliance with this act, Liquid Beauty does not promote online to children and does not knowingly request or collect personal information from any person under 13 years of age through the Site without prior verifiable parental consent. Children under the age of 13 must be signed up by their parents and use a parent’s email address in order to receive email updates.
sECTION 2: PRIVACY

Please review our Privacy Policy which also relates to your use of the Services, to understand our privacy practices. The Privacy Policy is expressly incorporated in these Terms of Use.

SECTION 3: ONLINE STORE TERMS OF USE
    • Section 3(a):   Product Displays and Descriptions. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. All descriptions of products are subject to change at any time without notice, in our sole discretion.
    • Section 3(b):   Pricing. Liquid Beauty is committed to offering services and products at fair, competitive prices. In most cases, the prices on this Site will reflect prices at our physical locations. However, there may be some exceptions. Prices and sales are subject to change without notice.
    • Section 3(c):   Tax. Liquid Beauty operates in California. Sales tax will be applied to your order, based on the order’s “ship-to” address, in accordance with the laws in that jurisdiction. Some states also require us to apply tax on delivery or gift wrap charges. All applicable taxes will be clearly displayed on your order at order completion time. Tax rates are subject to change at any time.
    • Section 3(d):   Orders. Before you submit your order, you will be given the opportunity to review your selections, check the total price of your order, and correct any input errors. All information on the Site is an invitation only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the selected merchandise.
      • (a)   We will acknowledge receipt of your order without delay by sending an electronic confirmation or email. Please note, however, that such confirmation or email does not constitute acceptance of your order. No contract with respect of any of our merchandise exists between you and us until your order has been expressly accepted by us. If we do not accept your offer and funds have already been deducted from your account, the funds will be fully refunded.
      • (b)   All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail or text message that confirms that the merchandise has been shipped (the “Shipment Confirmation”). A contract for the purchase of a product between you and us (a “Contract”) will only be formed once we send you the Shipment Confirmation. The Contract will relate only to the products that have been shipped as confirmed by the Shipment Confirmation. We will not be bound to supply any other product which may have been part of your order until the shipment of such product has been confirmed in a separate email or text message.
    • Section 3(e):   Limitations and Refusals of Orders. We reserve the right from time to time to limit the sales of our merchandise or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any merchandise or services that we offer. We reserve the right to discontinue any merchandise at any time. Any offer for any merchandise or service made on this Site is void where prohibited by applicable law.
    • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per credit or debit card, per household, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address/phone number provided at the time the order was made.
    • We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
    • Section 3(f):   Availability. Certain products or services may be available only at certain physical locations or exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Online Return Policy described in Section 4(b). Occasionally, orders for an item exceeding our supply are received. If we are unable to fulfill your order, you will be notified and your credit/debit card or PayPal® account, as applicable, will not be charged.
    • Section 3(g):   Payment. Your credit/debit card or PayPal® account will be charged at the time the order is placed. To place an order you must confirm to us the name that appears on the card or account to be charged, the card or account number, the expiry date of the card, and the card security code. We will use our best efforts to keep all credit/debit card or account information strictly confidential. We will never intentionally share such information without your express permission.
    • Please note that the billing address for your account must be the exact same address as the one registered for the credit or debit card you use for payment, as some banks use AVS (Address Verification System).
    • If any sum due from you cannot be charged to your card or account for any reason (including due to a “stop payment” request or refusal by the issuer of the card), the sale will be cancelled immediately.
    • Section 3(h):   Delivery.
      • (a)   Carriers. Our shipping service providers are FedEx and USPS. We choose the carrier based upon the service available for your ship-to location and the method of delivery (e.g. standard, expedited or next business day) you select.
      • (b)   Processing Times. Delivery times do not include processing time. Processing time for in stock items is approximately two business days. If the merchandise is not in stock, you will receive an email notification regarding any related delays.
      • (c)   Delivery Times. Standard delivery time is three to five business days after shipping. Please allow two to eight weeks for delivery to APO/FPO addresses. Please note that due to restrictions at APO/FPO postal facilities, we are unable to ship over sized or heavy items to APO/FPO addresses.
      • (d)   Notifications. When your order ships, we will send you an email notification that includes the name of the carrier and a tracking number. We will also send an email notification when your purchase has been delivered.
      • (e)   Shipping Fees. Shipping fees are a flat $8 for any orders under 1 pound. Please contact Liquid Beauty for shipping fees for orders that are over 1 pound. 

SECTION 4: RETURNS AND EXCHANGES

We trust you will be satisfied with your Liquid Beauty purchase. However, should you decide the merchandise is not satisfactory, Liquid Beauty’s return and exchange policies are set forth below.

    • Section 4(a):   In-Store Return Policy
      • (a)   Requirements. With respect to a returnable item purchased in our store, Liquid Beauty will issue a refund for the item if each of the following conditions has been met: (1) no more than 30 calendar days have passed from the date of purchase (unless the face of the receipt or a notice at point of sale indicates that a longer return period is available); (2) the merchandise is in its original, unused condition unless there is a manufacturer’s defect or you experienced an adverse reaction to the product; (3) the merchandise is accompanied by either the original Liquid Beauty receipt. Liquid Beauty does not issue Price Adjustments.
      • (b)   Refunds for Returned Merchandise. For all eligible returns, Liquid Beauty will issue a refund in the form and amount of the original tender paid (including sales tax) or a Liquid Beauty merchandise credit, at the customer’s choice.
      • (c)   Gift Returns. If you wish to return merchandise purchased at Liquid Beauty that you received as a gift, you may return it  in exchange for a Liquid Beauty gift card or merchandise credit.
    • Section 4(b):   Online Return Policy
      • (a)   Requirements. With respect to returnable items purchased on this Site, Liquid Beauty will issue a refund for the item if each of the following conditions are met: (1) no more than 30 calendar days have passed from the date of purchase, (unless the face of the packing slip or the item’s product page indicates that a longer return period is available); (2) the merchandise is in its original, unused condition unless there is a manufacturer’s defect or you experienced an adverse reaction to the product; (3) the merchandise is accompanied by the original Liquid Beauty receipt. Liquid Beauty does not issue Price Adjustments.
      • (c)   Instructions for Online Returns
        • 1.  Return in-person to Liquid Beauty store; or
        • 2.  If returning by mail, we recommend that you insure the package and ship via a traceable method (you will be responsible for return shipping costs); and
        • 3.  Re-pack the merchandise along with your receipt. You may use the original box.
        • 4.  Affix a return label to the box. Be sure to cover or remove any previous labels. Please return the merchandise to the following address: 

                            Liquid Beauty

                            18700 Main St Suite 104

                            Huntington Beach, CA 92648

        • (d)   Refunds for Returned Merchandise. Your refund should process within 7-10 business days after shipment. No refunds are given on shipping and handling charges. Liquid Beauty will issue a refund in the form and amount of the original tender paid (including sales tax) or a Liquid Beauty gift card or merchandise credit, at the customer’s choice.
        • (e)   Gift Returns. If you wish to return merchandise purchased online that you received as a gift, you may mail the merchandise back to us in accordance with the instructions above or return it to our Liquid Beauty store in exchange for a Liquid Beauty gift card or merchandise credit. You will be responsible for any related shipping fees.
      • Section 4(c):   Exchanges. We do not accept any exchanges.
SECTION 5: BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made on this Site. You agree to promptly update your account and other information, including your email address and debit or credit card numbers.

SECTION 6: CHANGES TO THE SITE

Changes to the Site

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to merchandise descriptions, pricing, promotions, offers, merchandise shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by applicable law. No specified update or refresh date applied in the Service, on the Site, or on any related website, should be taken to indicate that all information in the Service, on the Site, or on any related website has been modified or updated.

SECTION 7: INTELLECTUAL PROPERTY

All content of this Site, including, but not limited to, artwork, graphics, images, illustrations, photographs, text, video, audio clips, logos, and designs are the sole and exclusive intellectual property of Liquid Beauty or third parties who have licensed the materials to us. All content is protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and other countries, including without limitation laws that restrict the copy, distribution, publishing, or transmission of such content. The unauthorized reproduction or distribution of a copyrighted work is illegal and no portion of this Site may be copied, distributed, published, or transmitted without the express written consent of Liquid Beauty.

All of this Site’s content and supporting code are copyrighted by or licensed to Liquid Beauty, Inc. and all rights are reserved. All content copies, either electronic or printed, are for personal use only. The content and supporting code contained herein may not be used in any other manner unless express written permission is obtained in advance.

sECTION 8: THIRD-PARTY CONTENT

Certain content, merchandise and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us, and once you click such links, you are leaving this Site. We are not responsible for examining or evaluating the content or accuracy of information provided by these third-party sites and we do not warrant and will not have any liability or responsibility for any third-party materials or sites. We do not endorse these sites or the materials, products, or services of third-parties and hereby disclaim any warranty as to the content of any third-party site linked to this Site.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please exercise caution when communicating or interacting with any such site and carefully review the third-party’s terms of use before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the appropriate third-party and not Liquid Beauty.

SECTION 9: USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, texts, music, sounds, photographs, graphics, video, messages, tags, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. By submitting Comments and materials to this Site, you hereby automatically grant, or warrant that the owner of such Comments and materials has expressly granted to us a royalty-free, perpetual, irrevocable and non-exclusive license to (a) use, modify, license, sell, reproduce, adopt, publish, translate and distribute any or all of such Comments and materials worldwide, and (b) to incorporate such Comments and materials in other works in any form, media or technology now or hereafter developed for the full term of any copyright that may exist in such materials without any obligation to further notify you of such use or to compensate you or any third party.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or that is otherwise objectionable or which content violates any party’s intellectual property or these Terms of Use.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, this Site, or any related website. You may not use a false e-mail address, pretend to be someone other than you, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

SECTION 10: PROHIBITED USES OF THIS SITE

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the 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, provincial 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 the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

SECTION 11: DISCLAIMER OF WARRANTIES

 

The material contained on this Site is periodically checked for accuracy and is presented without any warranties, either express or implied. Liquid Beauty will assume no, and hereby disclaims any, responsibility for any errors or omissions of this Site’s content. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the information on this Site is at your own risk.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and service delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 12: LIMITATION OF LIABILITY

In no case shall Liquid Beauty, or our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers, subcontractors or licensors (collectively, the “Indemnified Parties”) be liable for any damages whatsoever arising out of or relating to the use by any person of this Site, including but not limited to direct, indirect, consequential, or punitive damages, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of this possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

SECTION 13: DELAY OR FAILURE TO PERFORM

We will not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if due to any cause beyond our reasonable control including, without limitation: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action, or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); or your failure to give us a correct delivery address or notify us of any change of address

We will use reasonable efforts to inform you of any such unforeseen event within seven days of its occurrence. Should the interruption continue beyond a period of 14 days after notice to you, you will be entitled to cancel the order and a refund will be made in accordance with these Terms of Use.

SECTION 14: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Liquid Beauty and the other Indemnified Parties harmless from any injury, from any loss, claim, or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15: DISPUTE RESOLUTION AND ARBITRATION

This section limits certain rights—including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to statutorily imposed limitations periods, the right to engage in discovery except as provided in applicable American Arbitration Association (“AAA”) rules, the right to certain remedies and forms of relief, and the right to court review of any award—that may not be available in arbitration.

To the fullest extent permitted by applicable law, any dispute or claim (whether based in contract, tort, fraud, misrepresentation, or any other statutory or common law legal theory) arising out of or relating in any way to these Terms of Use, your visit to the Site, your relationship with Liquid Beauty, or to any purchase, return or other transaction with Liquid Beauty (including claims relating to Liqui Beauty’s advertisements and disclosures, email and mobile SMS messages sent by Liquid Beauty, or Liquid Beauty collection or use of your information) (“Dispute”) shall be resolved through binding arbitration, rather than in court. Dispute shall be interpreted broadly and includes claims that arose before the existence of these Terms of Use or claims that may arise after the termination of these Terms of Use. Notwithstanding the foregoing, either you or Liquid Beauty: (1) may elect to have a Dispute heard in small claims court seeking individualized relief, so long as the Dispute falls within the jurisdictional limits of small claims court and that action remains in small claims court and is not removed or appealed to a court of general jurisdiction or (2) may bring suit to enforce intellectual property rights exclusively in any state or federal court in the state of California, rather than through arbitration, provided you or Liquid Beauty has a reasonable basis to believe that the other party has violated or threatened to violate the other party’s intellectual property rights.

To the fullest extent permitted by law, any cause of action or claim you may have must be commenced within one year after the claim or cause of action arises or it is waived and time-barred.

The Federal Arbitration Act (“FAA”) and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) only in favor of the individual party seeking relief as addressed below, and must follow the terms of these Terms of Use as a court would.

  • 15(a): Mandatory Informal Dispute Resolution Process : Any party who intends to seek arbitration must first provide to the other party a written notice of the Dispute (“Notice”), describing the facts and circumstances of the Dispute, the claims asserted, and the specific relief sought and the calculation for it, and including any supporting documentation and information sufficient to identify any transaction at issue. If you are providing the Notice, it must be personally signed by you and mailed via certified or registered mail to Liquid Beauty as set forth in section 16 below. If Liquid Beauty is providing the Notice, it will be mailed to you at your last-used billing address or the billing and/or shipping address in your online profile. You and Liquid Beauty agree to negotiate in good faith in an effort to reach a resolution of the Dispute in connection with this mandatory informal dispute resolution process. Should Liquid Beauty request an individualized telephone conference with you in an effort to facilitate a resolution, you agree that you will personally appear (with your counsel if you are represented). The Dispute should be resolved to your satisfaction as part of this process, but if for some reason that is not the case within 60 days after your or our receipt of a fully completed Notice (absent agreement of the parties to extend this period), then either party may commence arbitration. Compliance with this informal process is a condition precedent to filing a demand for arbitration. Any applicable statute of limitations and filing fee deadlines shall be tolled while the parties engage in this required process. A court of competent jurisdiction shall have the authority to enjoin the filing or prosecution of arbitrations based on non- compliance with this condition precedent. A party will also retain the right to raise non- compliance in connection with an arbitration.
  • 15(b): Arbitration Process. Any arbitration under this agreement shall be conducted by the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, and pursuant to the then applicable AAA Consumer Arbitration Rules and Mediation Procedures (“AAA Rules”) as modified by this Dispute Resolution and Arbitration Section. A demand for arbitration must be accompanied by a certification of completion of the informal dispute resolution process. Your demand for arbitration must be personally signed by you. If AAA is unavailable or unwilling to administer an arbitration consistent with this Dispute Resolution and Arbitration Section as written, the parties shall agree on a substitute arbitration organization that will administer the arbitration consistent with this Section. If the parties cannot agree on a substitute organization, they shall mutually petition a court of competent jurisdiction to appoint an arbitration organization that will administer the arbitration consistent with this Section. Payment of arbitration fees shall be governed by the AAA Rules. If the arbitrator finds that a claim was frivolous or brought for an improper purpose or for the purpose of harassment, the arbitrator may award fees and expenses. In addressing this determination, the arbitrator may consider, among other things, whether a party previously offered full relief to the other party, including a refund of any applicable purchase price. The arbitrator shall issue a reasoned opinion in connection with the awards with the essential findings of law and fact. The provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator after the issuance of an award. The arbitration award shall be binding only between the parties and shall have no preclusive effect in other arbitrations or proceedings involving different claimants. Subject to the AAA Rules, you may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location. An arbitration shall be conducted by a single neutral arbitrator. Except as specifically provided in this Dispute Resolution and Arbitration Section, all issues are for the arbitrator to decide, including but not limited to issues related to scope and enforceability. The arbitrator is bound by these Terms of Use as a court would be.
  • 15(c): Class Action Waiver; Individual Relief; Venue; Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LIQUID BEAUTY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS (ARBITRATION OR LITIGATION) WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU FURTHER AGREE THAT YOU WILL NOT BE A MEMBER OF ANY PUTATIVE OR ACTUAL CLASS IN A CLASS ACTION BROUGHT BY ANYONE ELSE, NOR WILL YOU SEEK TO BECOME A CLASS REPRESENTATIVE. THE ARBITRATOR MAY AWARD THE SAME DAMAGES AND RELIEF (INCLUDING DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF AS TO THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING. IF ANY PORTION OF THIS PARAGRAPH IS FOUND TO BE VOID OR UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF) AND ALL APPEALS HAVE BEEN EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN THAT CLAIM OR REQUEST FOR RELIEF (AND ONLY THAT CLAIM OR REQUEST FOR RELIEF) SHALL BE RESOLVED IN FEDERAL COURT IN CALIFORNIA RATHER THAN IN ARBITRATION AND ONLY AFTER ARBITRATION OF ALL OTHER CLAIMS AND REQUESTS FOR RELIEF. IF THERE IS NO FEDERAL JURISDICTION, THE RESOLUTION OF THAT CLAIM OR REQUEST FOR RELIEF SHALL BE RESOLVED IN CALIFORNIA STATE COURT ONLY AFTER ARBITRATION OF ALL OTHER CLAIMS AND REQUESTS FOR RELIEF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LIQUID BEAUTY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.
  • 15(d): Additional Procedures Applicable to Mass Arbitrations. The additional procedures set forth in this paragraph shall apply in the event that you or your counsel elect to resolve your Dispute in connection with 25 or more similar claims against Liquid Beauty brought by the same or coordinated counsel (“Mass Arbitrations”). You agree that if your Dispute is part of Mass Arbitrations, the adjudication of your Dispute might be delayed. The Mass Arbitrations, including your Dispute, shall be subject to a staged bellwether process and AAA’s Multiple Consumer Case Filing Fee Schedule shall apply. Counsel for the claimants and counsel for Liquid Beauty shall each select 15 demands for arbitration (per side) (a total of 30 demands for arbitration) to be filed in and to proceed in arbitration in bellwether proceedings to be adjudicated individually (with a different arbitrator for each arbitration). In the meantime, no other demands for arbitration shall be filed, processed, or deemed filed. If the parties are unable to resolve the remaining Mass Arbitrations after the conclusion of the first set of bellwether proceedings, each side may select 15 demands for arbitration (per side) (a total of up to 30 demands for arbitration) to be filed in and to proceed in arbitration in a second set of bellwether proceedings to be adjudicated individually (with a different arbitrator for each arbitration). In the meantime, no other demands for arbitration shall be filed, processed, or deemed filed. This process shall continue in subsequent sets of staged bellwether proceedings consistent with the process outlined above until the parties are able to adjudicate or resolve all remaining claims. Any applicable of statutes of limitations shall be tolled from the time the first demands for arbitration are selected for the first set of bellwether proceedings until a demand for arbitration is selected as part of a set of bellwether proceedings, withdrawn, or otherwise resolved. A court shall have the authority to enforce these Additional Procedures Applicable to Mass Arbitrations and, if necessary, to enjoin the filing or prosecution of arbitrations.
  • 15(e): Survival and Modifications. This Dispute Resolution and Arbitration Section will survive after the Terms of Use terminate or your use of the Site ends. Notwithstanding any provision of these Terms of Use to the contrary, any modifications to this Dispute Resolution and Arbitration Section will not apply to any Dispute to which notice has been provided by Liquid Beauty or you to the other party.
SECTION 16: CONTACT

 

Inquiries regarding these Terms of Use may be directed to:

   Liquid Beauty, Inc.

   Attn: Legal Dept.

   18700 Main St Suite 104

   Huntington Beach, CA 92648

SECTION 17: SEVERABILITY

Except as otherwise specifically provided, in the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of the remaining provisions of these Terms of Use.

SECTION 18: TERMINATION

The obligations and liabilities of the parties incurred prior to the termination of these Terms of Use date shall survive the termination of these Terms of Use for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site, whichever occurs first.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and accordingly we may deny you access to our Services (or any part thereof).

SECTION 19: ENTIRE AGREEMENT

 

These Terms of Use, including the documents referenced herein and any policies or operating rules posted by us on this Site or in respect to the Service, contain the entire agreement and understanding between you and us and govern your use of our Site and the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). These Terms of Use will be binding upon each party and its successors and permitted assigns. No failure or delay of any party in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege hereunder. No agency, partnership, joint venture, and/or employer/employee relationship is intended or created by these Terms of Use. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

SECTION 20: GOVERNING LAW AND JURISTICTION

These Terms of Use shall be governed by the FAA, federal arbitration law, and the laws of the State of California. As set forth above, all Disputes shall be resolved through binding individual arbitration or small claims court. To the extent any matter proceeds in court (other than small claims court), the parties agree to the exclusive jurisdiction of California federal and state courts located in Orange County, California.

SCHEDULE A

CONSULTATION