Doting Beauty Doting Beauty
Skip to main content
FREE SHIPPING ON ALL DOMESTIC US ORDERS $35 AND OVER! (UNITED STATES ONLY)
0
 Main Menu

      Terms of service

      Effective and Last Updated: January 22nd 2026

      PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE PLATFORM OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

      This Terms of Use Agreement (“Agreement”) is a legally binding agreement between you and Doting Beauty Inc. (“Company,” “we,” “us,” or “our”) and governs your access to and use of our website, including online orders, as well as other online services or applications that link to this Agreement (each a “Site,” and collectively the “Sites”) and the features, content, programs, and services we make available through the Sites (collectively with the Sites, the “Platform”). By continuing to access and use the Platform, you agree that such use is legally sufficient consideration under this Agreement.

      THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

      YOUR CONTINUED USE OF THE PLATFORM IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE PLATFORM.

      CONTINUED ACCESS AND USE OF THE PLATFORM AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.

      UNDER NO CIRCUMSTANCES ARE THE SITE OR PLATFORM INTENDED FOR CHILDREN UNDER THE AGE OF 13, AND INDIVIDUALS UNDER THE AGE OF 13 ARE NOT AUTHORIZED TO USE OR ACCESS THE PLATFORM.

      If you are an individual accessing or using the Platform on behalf of, or for the benefit of, any corporation, partnership, or other legal entity with which you are associated (“Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Platform and to any such Organization.

      We are committed to making the Platform accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature, or functionality of the Platform, please Contact Us.

      What’s Contained in This Agreement

      Click on the links below to jump to that section of the Agreement.

      HIGHLIGHTS OF THE AGREEMENT

      This Highlights section is intended to provide you with a basic overview of the contents of this Agreement. However, please read the entire Agreement for a complete understanding of the terms you are agreeing to. The meaning of capitalized words can be found in the full Agreement. If there is a conflict between the terms of this Highlights section and the terms of the full Agreement, the terms of the full Agreement control.

      Shopping on Our Platform

      Refunds, returns, and exchanges have conditions that you should understand before purchasing. Shipping prices vary, and correct shipping depends on you. Read more about our eCommerce policies.

      Our Rights

      All the Content on our Platform is protected by intellectual property rights―you may only make limited use of the Content you find on our Platform, as described below. We may block you from accessing our Platform, block or delete your User Content, or terminate your Account for any reason. We are not liable for third-party content hosted on our Platform, external websites linked to or from our Platform, Platform availability, or promotional offers. Read more about our rights and control of our Platform and Content.

      Your Use of Our Platform

      Unless otherwise indicated, you only may use our Platform and our Content for your personal use as an individual. While on our Platform, you may not violate any laws, infringe any rights, threaten, harass, or impersonate others, or take other actions that harm us or other people or parties. You must not attempt to bypass security protections on our Platform, introduce viruses or other harmful code, or use our Platform to attack other websites, platforms, or services. If you register for an Account on our Platform, you should keep your password confidential and not allow other people to use your Account. Read more about what you can and cannot do on our Platform.

      Your Content

      If you send us or post or upload User Content to our Platform, we may use that User Content for any purpose, including commercial uses, product development, and advertising. If you post your name, personal information, or other User Content to public areas of our Platform, that information might be seen and used by any visitors to our Platform. You should not send us or post User Content that (1) you want to keep confidential; or (2) you do not have the rights to post. Read more about the Content you transmit to us or through our Platform.

      Important Things to Know

      By using our Platform, you consent to the terms of this Agreement. We may update this Agreement from time to time, and we will use reasonable efforts to provide you with notice of these updates if they are material. THIS AGREEMENT CONTAINS LIMITATIONS ON OUR LIABILITY TO YOU, IMPORTANT DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION OBLIGATIONS BY YOU. THIS AGREEMENT GOVERNS HOW DISPUTES WITH US WILL BE HANDLED, INCLUDING USING BINDING ARBITRATION WITH A CLASS ACTION WAIVER. Your use of our Platform may be governed by other terms and conditions applicable to certain features or promotions. You should also read our Privacy Policy. This Agreement contains information about how you can contact us regarding complaints, questions, or copyright infringement claims. Read the complete Agreement below.

      Back to the Top

      COMPLETE AGREEMENT

      ECOMMERCE

      The Platform allows you to purchase products directly. If you are able to purchase products on the Platform, the provisions of this Agreement apply. Refunds, returns, and exchanges will not be issued for products that have been opened, used, or otherwise unsealed after delivery or have not been purchased directly through the Platform. We reserve the right to deny a refund, return, or exchange, and/or issue a shopping credit to your Account in place of a refund if we determine that our policy is being abused. We may use any means available to us, including coordination with other companies, to determine if you are abusing our policy. This decision is made in our sole discretion and determination.

      Orders

      We may make improvements and/or changes in products or services described on the Platform, add new features, or terminate the Platform at any time without notice. We also: (i) reserve the right to change the goods and services advertised or offered for sale through the Platform, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (ii) cannot guarantee that goods or services advertised or offered for sale through the Platform will be available when ordered or thereafter; (iii) reserve the right to limit quantities sold or made available for sale; (iv) do not warrant that information on the Platform (including without limitation product descriptions, colors, or photographs) is accurate, complete, reliable, current, or error-free; and (v) reserve the right to modify, cancel, terminate, or not process orders (including accepted orders) where the price or other material information on the Platform is inaccurate, where we have insufficient quantities to fulfill an order, or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated (or if the Platform has a non-US domain), products sold on the Platform are intended for end use in the United States and are not labeled or intended for international distribution.

      Taxes

      If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase, you may Contact Us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

      Payment Processing

      We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.

      Returns and Exchanges

      If the product you receive is damaged in transit or does not match your order, you may return the new, unopened product subject to the following conditions below. Please note that we reserve the right to reject any return that does not comply with these requirements.

      To request a return or exchange, you must contact our customer service department by following the instructions on the Platform. The Platform may also let you request a return or exchange through your Account or through other functionality.

      In your return or exchange request, you must indicate the specific product with which you are not satisfied, and include your order number, name, and contact information, a clear photograph of the damaged or incorrect product, as well as the reason for your return or exchange request and the new product with which you would like to replace the returned product if you are requesting an exchange.

      If we accept your return or exchange request, you must initiate the return of the applicable product within 14 days from the date of delivery. Because our products are intended for personal use, we cannot accept any item that has been opened, used, or otherwise unsealed after delivery. Products returned after the 14-day return period may have their return or exchange denied. If you do not have an Account, we may issue you a shopping credit through other means.

      To initiate the return of a product, you will need to use a return label that we provide you. Once you repackage the product that you are returning, securely affix the return label to you to your package and drop off your package at a local post office or courier office, your return or exchange will begin to be processed as soon as we have confirmed receipt of your return. We may not reimburse you for any shipping and handling fees that you incurred in returning any such product.

      Once the returned item reaches our facility, our quality-control team will promptly inspect it. If the product is verified as damaged or incorrect and remains unopened, the new products that you requested will be shipped to you if you requested an exchange. Original shipping charges are non-refundable.

      Please note that a new product for which you want to exchange the returned product may not be in stock. In such case, you will receive a shopping credit as described above. If you are making an exchange, new products that are in stock may not equate to an even exchange and there may be a price difference between the new product and the returned product Any difference in pricing for an exchange will be placed back on the original method of payment. If we are unable to do so, your exchange may not be completed. We may contact you for new payment information or elect to treat it as a return instead.

      Refunds

      Because our products are intended for personal use, we cannot accept any item that has been opened, used, or otherwise unsealed after delivery. If the product you receive is damaged in transit or does not match your order, you may request a refund of the new, unopened product subject to the following conditions below. This may be indicated on the Platform or may be communicated by our customer service.

      We reserve the right to only issue a refund, or require a return or exchange, in our sole discretion regardless of what the Platform may indicate. Refunds will not be issued for products that have not been purchased directly through the Platform. The Company will decide in its sole discretion whether you will receive a refund.

      Timing: For refund eligible products, you have fourteen (14) days from the date of shipment to contact us for a full refund of the purchase price (less shipping and handling fees). Following such 14-day period, no product is eligible for a refund. However, even after fourteen (14) days, we encourage you to contact us if you are unsatisfied with a product and so our customer service can improve your experience, which may include providing an exception to this refund policy.

      Conditions: Your refund is subject to the following conditions:

      • The item must be new and unopened.
      • To request a refund, you must contact our customer service by following the instructions on the Platform. The Platform may also let you request a refund through your Account or through other functionality.
      • In your refund request, you must indicate the specific product with which you are not satisfied and include your order number, name, and contact information, a clear photograph of the damaged or incorrect product, as well as the reason for your refund request.
      • If the product is verified as damaged or incorrect and remains unopened, you will receive a credit to your original form of payment within seven to ten (7-10) business days. If we are unable to credit that form of payment, your refund may not be completed. We may contact you for new payment information or provide your refund in another way, such as through your Account.

      Shipping

      We process orders daily Monday through Friday from our fulfillment centers. Most orders are shipped the next business day, or in some cases the same business day. You can expect delivery within three (3) business days of your order shipping out. If you choose two (2)-Day Air service, you can expect your order to arrive in two (2) business days from the date of shipment. Please allow one (1) business day for order processing. At this time, the Platform does not allow international orders. Shipping fees vary and can be found as calculated during the order completion process before checking out. Unless otherwise indicated, we are only able to ship to one shipping address per order. If you’d like to ship to multiple addresses, please place separate orders for each unique address. Most products may be shipped to a P.O. Box or Military APO/FPO addresses, but some restrictions apply. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If your order is returned for an invalid or incorrect address, your order will be returned to stock and the order refunded less any shipping charges. We are not liable for any lost shipments when USPS is selected as the shipping method. If you have questions regarding shipping, please Contact Us.

      Autoshipping and Subscriptions

      You may be able to sign up or subscribe for automatic reoccurring delivery of certain products at regular intervals (“Autoship”). If you opt-in to Autoship, we automatically bill for and send you the product you subscribed to based upon your chosen frequency. You have control over your Autoship orders, and we send an email reminder ten (10) days before each order ships. You can change your delivery frequency, next order date, or quantity by visiting your Account. Changes to orders can be made any time within twenty-four (24) hours of the next scheduled shipment date, and you can cancel Autoship at any time. By electing to Autoship, you may receive certain discounts as detailed on the Platform. These discounts are not guaranteed and may be discontinued at any time, including while you are still signed up for Autoship.

      Promo Codes and Discounts

      The Platform may create or advertise promo codes, discounts, coupon codes, and offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers. Only consumers can use promo codes. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Platform.

      Free Items and Gifts with Purchase

      Promotions including free items, sometimes referred to as gifts with purchase, are available for a limited time only and offered while supplies last. No rainchecks will be provided for out-of-stock free items. There is a limit of one (1) free item per transaction.

      Back to the Top

      OUR INTELLECTUAL PROPERTY RIGHTS

      All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on the Platform (“Content”) are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent, or other proprietary rights and laws. This includes the entire Content of the Platform, copyrighted and protected as a collective work. All intellectual property rights associated with the Platform, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using the Platform. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Platform is strictly prohibited. We make no representations, warranties, or guarantees, whether express or implied, that any Content is accurate, complete, or up to date.

      Subject to your compliance with this Agreement, we grant you a limited license to access and use the Platform and its Content for personal, informational, and shopping purposes. No Content from the Platform may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Platform. To use Content under such an exception, you must (i) keep any copyright, trademark, or other proprietary notices intact; (ii) use such Content pursuant to any licenses associated with such Content; (iii) not copy or post such Content on any networked computer or broadcast it in any media; (iv) make no modifications to any such Content; and (v) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Platform or the Content.

      Back to the Top

      YOUR AUTHORIZED USE OF THE PLATFORM

      While using the Platform, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Platform for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Platform or any other party’s use of the Platform. In addition, we expect users of the Platform to respect the rights and dignity of others. For example, you may not do any of the following without our consent:

      • Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available to or through the Platform any content that is unlawful, unsolicited, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
      • Post to or transmit through the Platform any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
      • Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Platform;
      • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform, or express or imply that we endorse any statement you make;
      • Violate, or attempt to violate, the security of the Platform;
      • Use or attempt to use another user’s Account or distribute, license, transfer, or sell your Account to another person without our consent;
      • Disseminate on the Platform any viruses, worms, spyware, adware, or other malicious computer code, file, or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;
      • Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Platform;
      • Build a competitive product or service using the Platform, build a product or service using similar ideas, features, functions, or graphics as the Platform or determine whether the Platform, in whole or in part, is within the scope of any patent;
      • Interfere in any manner with the operation or hosting of the Platform or monitor the availability, performance, or functionality of the Platform;
      • Use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods, directly or indirectly, on the Platform or to collect any information from the Platform or any other user of the Platform; or
      • Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Platform.

      Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Platform for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking website or service does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a website’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content, or for any machine-learning or training data purposes. We may revoke these permissions at any time.

      Back to the Top

      DOWNLOADS

      The Platform may allow you to download certain Content, applications, software, and other information or materials. We make no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with us or a third party, for example an agreement with a mobile application store.

      Back to the Top

      TEXT MESSAGE PROGRAM TERMS

      BY PARTICIPATING IN A TEXT MESSAGE PROGRAM, YOU ARE AGREEING TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.

      We offer our customers mobile alerts regarding promotional events, new product releases, cart reminders, and order alerts by SMS message (each a “Text Message Program”). By participating in a Text Message Program, you acknowledge your personal information is subject to our Privacy Policy.

      Signing Up and Opting Into a Text Message Program

      Enrollment in a Text Message Program requires you to provide your mobile phone number and to agree to this Agreement. You may not enroll if you are under eighteen (18) years old (or the applicable age of majority in your home state) or if you do not agree to the terms of this Agreement. We reserve the right to stop offering the Text Message Program and/or terminate your participation in a Text Message Program at any time with or without notice. By opting into a Text Message Program, you:

      • Authorize us to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
      • Acknowledge that you do not have to consent to receive text message advertisements as a condition of purchasing goods or services.
      • Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt into a Text Message Program.
      • Consent to the use of an electronic record to document your opt-in.

      While you consent to receive messages sent using automated technology, this Agreement shall not be interpreted to suggest or imply that we send any or all of our text messages using an automatic telephone dialing system (or other automated technology, as defined under applicable laws).

      Content You May Receive

      Once you opt-in to a Text Message Program, your message frequency may vary. You may receive alerts about:

      • Marketing, Offers, and Coupon Programs
      • Promotional Events and New Product Releases
      • Cart Reminders
      • Order Tracking and Delivery Alerts
      • On-Demand Text Message Reply Services

      Opting Out and Seeking Assistance

      You may opt out of receiving text messages from us at any time by texting “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT“ to any of the text messages you have received from us. For a Text Message Program operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a text request to clarify the Text Message Program to which it applies (if you have subscribed to more than one). To complete your opt-out, please provide the requested clarification.

      You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” keyword commands and agree that we and our service providers will have no liability for failing to honor such texts that do not contain such keyword commands. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from a Text Message Program list, is not a reasonable means of opting out.

      If you unsubscribe from one of our Text Message Programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs. This Agreement will still apply if you withdraw the consent mentioned above or opt out of a Text Message Program. If you need assistance at any time, or you forget what keywords are supported, text “HELP” to the number sending the text message you received.

      Cost and Frequency of Messages

      Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using a Text Message Program.

      Message Program

      Text Message Programs are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with a Text Message Program.

      Supported Carriers

      Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. A Text Message Program may not be available on all wireless carriers. We may add or remove any wireless carrier from a Text Message Program at any time without notice. We and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

      Changing Your Phone Number

      If you change, forfeit, or deactivate the phone number you provided to us for a Text Message Program, you agree to notify us immediately of such change or to unsubscribe from the Text Message Program prior to changing, forfeiting, or deactivating the phone number. Failure to do so constitutes a material breach of this Agreement. To notify us or find out more information on our text message marketing programs, Contact Us. Our Privacy Policy applies to Text Message Programs.

      Back to the Top

      USER CONTENT

      You are responsible for any information, text, reviews, posts, images, videos, sound recordings, messages, profile information, or other materials or content that you post on the Platform, upload to us, or transmit through the Platform (“User Content”). You agree, represent, and warrant that any User Content you post on the Platform or transmit through the Platform is truthful, accurate, not misleading, and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post, or otherwise make available on or through the Platform any User Content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s). If you are uploading or otherwise sharing a receipt with us or through the Platform, you represent and warrant that you have the right to share the receipt and understand that receipts may contain information about your transaction. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. The information and materials in User Content, including content created by users using our Content, have not been verified or approved by us. We make no representations, warranties, or guarantees, whether express or implied, that any User Content is accurate, complete, or up to date.

      UNLESS OTHERWISE STATED, PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. Unless otherwise stated, by sending any ideas, concepts, know-how, proposals, techniques, suggestions, or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose; (ii) such User Content will be deemed not to be confidential or proprietary; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

      User Content License: By submitting User Content to us directly or indirectly (including through any use of third-party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a worldwide, royalty-free, perpetual, sublicensable, transferable, irrevocable, and unrestricted right and license: (i) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit, and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (ii) to incorporate such User Content in other works in any form, media, product, service, or technology now known or hereafter developed for any purpose, including sale, manufacture, or advertising (and to exercise all intellectual property rights associated with such products or other works); and (iii) to use your name, screen name, location, photograph, avatar, image, voice, likeness, and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Platform a non-exclusive license to access your User Content through the Platform, and to tag, rate, review, comment on, use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Platform and under this Agreement. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “Contact Us” forms, product order pages, job application portals, or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.

      Back to the Top

      INTERACTIVE FEATURES AND FORUMS

      We may host message boards, user-generated content, promotions, reviews, blogs, and other interactive features or services through which users can post or upload User Content or otherwise interact with the Platform or something on it (each, a “Forum”). We do not endorse User Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Content, and are acting only as a passive conduit for such User Content. User Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. You should never use our products in any manner other than as is described on its packaging. WE RESERVE THE RIGHT TO REMOVE ANY FORUM CONTENT, OF ANY VARIETY, AT ANY TIME FOR ANY REASON.

      Forums are Public: You acknowledge and agree that interactions with other users may be public spaces and that your participation in such interactions creates no expectation of privacy. You further acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (i) evaluate User Content before allowing it to be posted on the Platform or any Forum; (ii) monitor User Content and Forums or any difference of opinion, disagreement, or dispute between you and other users; (iii) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (iv) disclose any User Content, and the circumstances surrounding its transmission, to any third-party in order to operate the Platform, to protect us, our Platform visitors or others, to comply with legal obligations or governmental requests, to enforce this Agreement, or for any other reason or purpose we deem appropriate. If you see User Content on the Platform that you believe violates this Agreement, please Contact Us.

      You shall be solely responsible for, and we shall have no liability for, your interactions with other users, or for any user’s action or inaction. You understand that our staff, outside contributors, or other users connected with us may participate in these interactions or other aspects of the Platform and may employ anonymous usernames when doing so. Any user failing to comply with this Agreement may be suspended from and refused continued access to such interactions in the future. However, we are not responsible for User Content that you or others choose to communicate in these interactions, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE ON OR THROUGH THE PLATFORM, YOU DO SO AT YOUR OWN RISK.

      Sharing Content: The Platform may also allow you to make recommendations or send Content to others, for example through an “email this” feature that will send content to the email address you provide. Only provide contact information for individuals who have told you they want to receive the Content. By providing someone’s contact information, you represent and warrant that they have confirmed to you that they want to receive the Content.

      Back to the Top

      INTERACTIVE CHAT

      The Platform may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). You should review our Privacy Policy to learn how we treat information that could identify you gathered via a Chat. If you are signed into an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. Chats may be provided by third parties, and you may be entering into a contractual agreement with those third parties when you use the Chat. You should refer to the applicable Chat and its hyperlinks to learn more. Information collected via these support methods is subject to our Privacy Policy. Be aware that communications may be monitored for quality assurance and other purposes.

      Back to the Top

      ACCOUNTS

      In general, you are not obligated to register for an account in order to access the Platform. However, certain sections and features of the Platform are available only to users who have registered for an account (“Account”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) (i) that is already being used by someone else; (ii) that may be construed as impersonating another person; (iii) that belongs to another person; (iv) that violates the intellectual property or other rights of any person; or (v) that is offensive. You may only have one active Account at any given time, and you may not allow other people to use your Account to access the Platform.

      If you maintain an Account, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Platform in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people. You agree to notify us of any unauthorized use of your Account username, log-in ID, password, or any other breach of security that you become aware of involving or relating to the Platform by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Platform and your Account, including without limitation, terminating your Account, changing your password, or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

      Back to the Top

      DESCRIPTIONS, TESTIMONIALS, AND OPINIONS

      The Platform may contain expert opinions. Information on the Platform identified as expert opinion, or accessed from the Platform by a hyperlink, represents the opinions of those respective experts, which are not necessarily those of Company. You should always consult a qualified physician for matters related to your health. The Platform may contain blogs with information about how to use a product or statements about a product’s effectiveness. Some of these statements are not written by us and do not represent our opinion. Other statements may be written by us but are not a representation or warranty about a product and should not be relied upon as such. Similarly, the Platform may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of the same. The Platform may allow you to leave product reviews, opinions, or testimonials, all of which is User Content. If you leave a review on another website, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content. Descriptions and graphic representations of products on our Platform are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product being provided. Technological issues, such as your device settings, may alter how a product appears on the Platform. WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY REVIEW, TESTIMONIAL, DESCRIPTION, OR OPINION POSTED ON ANY SITE OR PLATFORM TO THE MAXIMUM EXTENT ALLOWED BY LAW AND ARE NOT LIABLE FOR INACCURATE, FALSE, WRONG, OR MISLEADING OPINIONS PRESENTED ON THE SITE OR PLATFORM TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS CONTAINED IN REVIEWS, TESTIMONIALS, BLOGS, DESCRIPTIONS, OR OPINIONS HAVE NOT BEEN SUBSTANTIATED SCIENTIFICALLY OR BY THE FOOD AND DRUG ADMINISTRATION.

      Back to the Top

      THIRD-PARTY CONTENT AND LINKS

      Any information, statements, opinions, or other information provided by third parties and made available on the Platform are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness, or reliability of any opinion, advice, service, offer, statement, or other third-party content on the Platform. We may provide on the Platform, solely as a convenience to users, links to websites, social media pages, mobile applications, or other services operated by other entities. If you click these links, you will leave the Platform. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites, services, platforms, or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked website, platform, or service is authorized to use any of our trademarks, logos, or copyright symbols. We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, X (formerly Twitter), YouTube, TikTok, Pinterest, Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on the Platform, but rather a website operated by a third party. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, PLATFORMS, SITES, SERVICES, AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, PLATFORMS, AND RESOURCES.

      Back to the Top

      It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.

      If you believe that any Content on the Platform infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

      • A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
      • The URL or other specific location on the Platform that contains the alleged infringing material described above, with reasonably sufficient information to enable us to locate the alleged infringing material;
      • Your name, mailing address, telephone number and email address;
      • The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
      • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
      • A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

      Designated Agent: Reed Smith, Denver Privacy Team
      Email: DMCA@reedsmith.com
      Address: Reed Smith, LLP, 1400 Wewatta St., Denver, CO 80202
      Phone: 1-303-819-4645

      To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material. We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:

      • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
      • Your name, mailing address, telephone number and email address;
      • The following statement: “I consent to the jurisdiction of [insert one of the following: (1) “the Federal District Court in which my mailing address is located”, or (2) if you reside outside of the United States, “the United States District Court for the Central District of California;”
      • The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent;”
      • The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and
      • Your signature, in physical or electronic form.

      Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Platform.

      Back to the Top

      UPDATES TO THE PLATFORM

      We reserve the right to enhance, upgrade, improve, modify, or discontinue features of our Platform as we deem appropriate and in our discretion. We will not materially reduce the core functionality or discontinue the Platform unless we provide you with prior written notice. We may offer additional functionality to our standard Platform or premium feature improvements for an additional cost.

      Back to the Top

      UPDATES TO THIS AGREEMENT

      We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes, such as by posting a banner on our Platform indicating that the terms have changed or by sending an email to you. However, please check the “Last Updated“ legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of the Platform. Your continued use of the Platform will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Platform, an email to the address we have on file, or a message in your Account.

      Back to the Top

      OTHER TERMS, CONDITIONS, AND POLICIES

      This Agreement applies exclusively to your access to, and use of, the Platform and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs, or otherwise. Additional terms, conditions, and/or policies may apply to the use of specific portions of the Platform and to the purchase of certain merchandise or services and are included as part of this Agreement, whether they reference this Agreement or not. Other types of agreements and policies that you may be subject to include, but are not limited to:

      • Policies for retailers, distributors, and other vendors
      • Contest and sweepstake rules
      • Privacy policies

      Other policies and agreements, such as our Privacy Policy, are typically found by navigating the Platform, typically by checking website headers and footers and by reviewing hyperlinked terms at the point of sale. Any sweepstakes, contests, coupons, or other promotions made available through the Platform may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission, and/or entry are valid; you agree to read and abide by the applicable rules. We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy.

      Back to the Top

      Termination

      This Agreement and your access to the Platform are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on the Platform, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other Platform credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Platform or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected from liability from these actions under the Communications Decency Act, 47 U.S.C. § 230. The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination. Upon any such termination, (i) you must destroy all Content obtained from the Platform and all copies thereof; (ii) you will immediately cease all use of and access to the Platform; (iii) we may delete or disable access to any of your User Content at any time; and (iv) we may delete your Account at any time. You agree that if your use of the Platform is terminated pursuant to this Agreement, you will not attempt to use the Platform under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Platform after termination will be a violation of this Section, which survives any termination. Even after the termination of this Agreement, your Account, access to the Platform, or any User Content you have posted or submitted may remain on the Platform indefinitely.

      Children

      The Platform is not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under sixteen (16) years of age. YOU MUST BE AT LEAST SIXTEEN (16) YEARS OF AGE TO ACCESS AND USE THE PLATFORM. If you are under the age of majority in your local jurisdiction, which is eighteen (18) years in most jurisdictions, you may not establish an Account, and you should use the Platform only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, the Platform or aspects of the Platform, as well as promotions, programs, and commerce we may offer on the Platform, may be explicitly limited to people over the age of majority. If you are not old enough to access the Platform or certain sections or features of the Platform, you should not attempt to do so. Pursuant to 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

      Disclaimer of Warranty

      WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF THE CONTENT AVAILABLE ON THE PLATFORM OR ANY OTHER SITES LINKED TO OR FROM THE PLATFORM. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE PLATFORM IS DONE AT YOUR OWN RISK. THE PLATFORM, PRODUCTS, AND CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

      Limitation of Liability

      WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS, AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE PLATFORM, CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

      Indemnity

      You agree to indemnify, defend, and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with the Platform; or (iii) User Content or other information you provide to us through the Platform. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

      When you use the Platform or send communications to us through the Platform, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Platform. We may communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating an Account, or otherwise providing us with your email address, postal address, or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

      Severability

      If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.

      Assignment

      We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

      Back to the Top

      DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER

      PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.

      Agreement to Arbitrate

      You and we agree that any dispute, claim, or controversy, including those known or unknown that may be later discovered, arising out of or relating to this Agreement, other agreements on the Platform, or the Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate shall be either determined by binding arbitration in Los Angeles, California before one arbitrator or submitted to small claims court in Pasadena, California. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.

      No Class Actions

      EXCEPT FOR COORDINATED CLAIMS (AS DEFINED BELOW) AND AS LIMITED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND WE ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, except for Coordinated Claims (defined below), unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your or our claims respectively, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and shall be severed from the remainder of this Agreement. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

      Seeking Arbitration

      If you believe you have a dispute with us, prior to initiating arbitration or filing a claim in small claims court, you must first call our customer service representatives by contacting us and present your claim or dispute to allow us the opportunity to resolve the claim or dispute. Similarly, if we believe we have a dispute with you, our customer service representatives will first contact you in an attempt to resolve the dispute. If the dispute cannot be resolved by customer service and either you or we intend to seek arbitration, the party wishing to initiate arbitration must send to the other party a written notice of the claim (“Notice”). Your Notice to us must be delivered by certified mail and addressed to: Reed Smith, LLP, 1400 Wewatta St., Denver, CO 80202, Attention: RS Denver Privacy Team (with a copy to Tyler.Thompson@ReedSmith.com). If we initiate arbitration, we will send a written Notice to an email address or other contact information you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. Except in the event of a Coordinated Claim (as defined below), if you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 (or equivalent in your local jurisdiction’s currency at time of filing) or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

      Hearing

      If your claim is for US$10,000 (or equivalent in your local jurisdiction’s currency at time of filing) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000 (or equivalent in your local jurisdiction’s currency at time of filing), the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

      Award

      In the event arbitration awards you damages of an amount at least US$100 greater than our last documented settlement offer, we will pay your awarded damages or US$2,500, whichever is greater (the “Award”).

      Coordinated Proceedings

      If twenty-five (25) or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding and governed by JAMS Mass Arbitration Rules. If there is a conflict by the JAMS Mass Arbitration Rules and this Agreement, then the JAMS Mass Arbitration Rules shall prevail. Counsel for the individuals and counsel for Company shall each select five (5) cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten (10) have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five (5) cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against the Company. Individuals bringing Coordinated Claims shall be responsible for up to US$250 (or equivalent in your local jurisdiction’s currency at time of filing) of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.

      Injunctive Relief

      Notwithstanding the foregoing and if applicable in your jurisdiction, you and we both agree that you or we may sue in court of jurisdiction to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

      Confidentiality

      The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

      Governing Law and Rules

      This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, damages for lost profits, or other equivalent damages that may be present in your local jurisdiction. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

      Severance of Arbitration Agreement

      If the clauses concerning and describing the procedures and obligations related to the agreement to arbitrate disputes, Coordinated Claims, and Test Case procedures is or becomes invalid or unenforceable due to applicable law, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying, or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.

      Back to the Top

      TERMS FOR USERS IN CERTAIN GEOGRAPHIC LOCATIONS

      New Jersey Residents

      If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Disclaimer of Warranty; (ii) Limitation of Liability; (iii) Indemnity; and (iv) under the Disputes, Arbitration, and Class Action Waiver section and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.

      California Residents

      Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 951-5210. If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code § 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using our Platform, you agree that these California Civil Code § 1542 protections no longer apply to you.

      International Users

      Each claim or statement about the effectiveness of our products or comparing the effectiveness of our products is expressly limited to the United States, unless otherwise disclosed. The products referred to on the Platform may only be available in the territory to which the Platform is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON THE PLATFORM, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THE PLATFORM, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE PLATFORM IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. If you choose to access the Platform, you do so on your own initiative and at your own risk, and you are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation, any United States embargoes or other federal rules and regulations restricting exports. Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND WE RESERVE THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit the Platform’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.

      Back to the Top

      CONTACT US

      If you have questions about this Agreement, or if you have technical questions about the operation of the Platform, please contact us by notifying us at:

      Mailing Address: 155 North Lake Avenue, Suite 700, Pasadena, California 91101
      Email: hello@dotingbeauty.com
      Phone Number: (626) 795-5522

      If you have any questions or comments about our company or have other customer service needs, please contact our customer service representatives using the information above.

      Back to the Top