Terms and Conditions

FREEMAN® BEAUTY, LLC TERMS AND CONDITIONS OF USE

Last Updated and Effective:  September 1, 2017

 

Welcome to the website of Freeman® Beauty, LLC (“Freeman® Beauty”) located at www.freemanbeauty.com, including all of its subdomains and subparts (collectively, “our website”).  PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (collectively with any amendments, “TERMS AND CONDITIONS”) BEFORE USING OUR WEBSITE.

OUR WEBSITE IS OWNED AND OPERATED BY FREEMAN® BEAUTY, LLC (“FREEMAN® BEAUTY”, “US”, “WE” or “OUR”).  THESE TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION.

 

Acceptance Of Terms

BY USING OUR WEB SITE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS HERETO, AND AGREE THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE AND ELIGIBLE TO USE THIS SITE.

IF YOU ARE BETWEEN THIRTEEN (13) AND SEVENTEEN (17) YEARS OF AGE, YOU MUST USE OUR WEBSITE ONLY WITH THE PERMISSION AND INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

IF YOU LIVE IN THE UNITED STATES, BY USING OUR WEBSITE YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR.  BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY BY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF OUR WEBSITE, AS FULLY STATED IN THE “DISPUTE RESOLUTION: BINDING AND CONFIDENTIAL INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS” (“DISPUTE RESOLUTION”) SECTION BELOW.

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you.  Your continued use of our website after any such changes constitutes your acceptance of the new terms and conditions.  Any updates or amendments will be posted on our website.

These Terms and Conditions govern and apply to your access to and use of our website and all products and services we supply, produce, distribute, or market.

To the extent of any express inconsistency between these Terms and Conditions and any other agreement you may have with Freeman® Beauty for products, services, or otherwise, that other agreement will prevail unless otherwise explicitly stated therein.  If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms will apply therein as well, if you are a user of our website.

 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR WEBSITE.

Notice Required By California Law

Pursuant to California Civil Code Section 1879.3, California residents are entitled to the following specific consumer rights notice:

The name, address, and telephone number of the provider of this service is Freeman® Beauty, LLC, 1964 Westwood Boulevard, #300, Los Angeles, California 90025, 1-310-446-9300. Complaints regarding products, or requests to receive further information regarding use of our website may be sent to Customer Service, Freeman® Beauty, LLC, P.O. Box 667, Beverly Hills, California 90213 U.S.A. or to info@freemanbeauty.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

 

Important Information For New Jersey Residents

If you live in New Jersey, please carefully read these Terms and Conditions and understand that by using our website, in addition to the other terms and conditions herein, you agree:

  1. Any dispute between you and Freeman® Beauty will be governed by the laws of the State of California and subject to the dispute resolution provisions set forth in the “Dispute Resolution” section below;
  2. Under the laws of the State of New Jersey, limitations on implied warranties or the exclusive limitation of certain damages as set forth below in the “Copyright and Trademark,” “Copyright Policy and Copyright Agent,” “Disclaimers of Warranties,” and “Limitations of Liability” sections may not apply to you; and
  3. As set forth in the “Indemnification” section below, you are responsible for any harm you cause Freeman® Beauty, whether it is because of your (i) user content, (ii) violation of any applicable law that protects Freeman® Beauty or our legal rights, or the rights of any third party that your actions have damaged; (iii) material uncured breaches of these Terms and Conditions; (iv) infringement by you of any intellectual property rights that belong to Freeman® Beauty or any third party; and (v) any and all activities that occur under your account, user name, and password.

 

International Users

Our website is controlled, operated, and administered by Freeman® Beauty from its offices in California, United States of America.  Freeman® Beauty makes no representation that materials on our website are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products displayed on our website are illegal is prohibited.  You may not use our website or export the Content or products in violation of United States export laws and regulations.  If you access our website from a location outside of the United States, you are responsible for compliance with all local laws.

 

User Conduct

You must only use our website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of our website. You may not, without our prior written consent (a) copy, reproduce, use, or otherwise deal with any content on our website; (b) modify, distribute, or re-post any content on our website for any purpose; or (c) use the content of our website for any commercial exploitation whatsoever.

In using our website, you further agree not to (a) disrupt or interfere with the security of, or otherwise abuse, our website or any services, system resources, accounts, servers, or networks connected to or accessible through our website, or affiliated or linked sites; (b) disrupt or interfere with any other user’s enjoyment of our website, or affiliated or linked Web sites; (c) upload, post, or otherwise transmit through or on our website any viruses or other harmful, disruptive, or destructive files; (d) use, frame, or utilize framing techniques to enclose any Freeman® Beauty trademark, logo, or other proprietary information (including the images found on our website, the content of any text, or the layout/design of any page or form contained on a page) without Freeman® Beauty’s express written consent; (e) use meta tags or any other “hidden text” utilizing a Freeman® Beauty name, trademark, or product name without Freeman® Beauty’s express written consent; (f) deep link to our website without Freeman® Beauty’s express written consent;  (g) create or use a false identity on our website, share your account information, or allow any person besides yourself to use your account to access our website; (h) collect or store personal data about others; (i) attempt to obtain unauthorized access to our website or portions of it that are restricted from general access; (j) post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law; and (k) encourage or enable another user or individual to do any of the foregoing prohibited activities.  You also agree not to post any copyrighted material unless the copyright is owned by you or by Freeman® Beauty.

In addition, you agree you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on our website.  We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.  We have the right to remove any material or posting you make on our website if, in our sole opinion, such material does not comply with the content standards set out in these Terms and Conditions.

If you do not agree to these Terms and Conditions, you do not have our consent to obtain information from or otherwise use our website.  Failure to use our website in accordance with these Terms and Conditions may subject you to civil or criminal penalties.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING OUR WEBSITE, AND/OR DOWNLOADING ANY CONTENT FROM THE WEBSITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU HAVE NO RIGHT TO ACCESS OR USE OUR WEBSITE.  If you accept or agree to these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and Conditions and, in such event, “you” or “your” will refer and apply to that company or other legal entity.

 

Indemnification

You will defend, indemnify, and hold harmless Freeman® Beauty, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to (i) your access or use of our website or content; (ii) your user content; (iii) violation of any applicable law that protects Freeman® Beauty or our legal rights or the legal rights of any third party that your actions have damaged; (iv) your violation of these Terms and Conditions or any applicable law, including, but not limited to, infringement  by you of any intellectual property rights owned by Freeman® Beauty or any third party; and (v) any and all activities that occur under or in connection with your account, username, and/or password.

 

Privacy Policy

Visitors to our website should refer to Freeman® Beauty’s Privacy Policy and Cookies Policy for information about how Freeman® Beauty uses and collects information, which may be accessed by clicking on the appropriate link on our website.  You agree that Freeman® Beauty may collect, use, retain, and disclose your personally identifiable information to the extent permissible by law and as described in the Privacy Policy and Cookies Policy and that those policies will govern our collection and use of your personally identifiable information to the extent permissible by law.

 

Content Uploaded to Our Website

In the event you upload any photographs, comments, video clips, or other media to our website (the “Uploaded Content”), Freeman® Beauty has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of our business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or our website, in perpetuity throughout the world as Freeman® Beauty in its sole discretion sees fit without further consent or payment.  Freeman® Beauty has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content.  Freeman® Beauty has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies.  Freeman® Beauty may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Freeman® Beauty’s sole discretion.  Freeman® Beauty is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.

Users of our website must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.  You warrant and represent that you own all of your User Content or you have all rights that are necessary to grant Freeman® Beauty the license rights in your User Content under these Terms and Conditions.  You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through our website, nor any use of your User Content by Freeman® Beauty on or through our website, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it.  However, in certain circumstances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on our website.  We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Users posting Uploaded Content via a user profile must treat their login credentials and password confidentially and ensure that they are not shared with any third party that might jeopardize the security of their account.

 

Changes to Our Website

Freeman® Beauty may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of our website or any products available outside of our website, temporarily or permanently, including the availability of any features of our website or access to any parts of our website, at any time without notice to you, and you agree that Freeman® Beauty will not be liable therefor. Each time you use our website, you should review the current Terms and Conditions.  You can determine when these Terms and Conditions were last revised by referring to the “Last Updated and Effective” legend at the top of these Terms and Conditions.  Your continued use of our website shall constitute your acceptance of the current Terms and Conditions; however, any material change to these Terms and Conditions after your last usage of our website will not be applied retroactively.  Except for such material changes, the Terms and Conditions that were in effect at the time any claim or dispute arose between you and Freeman® Beauty will be applied.

 

Linked Sites

Freeman® Beauty makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlinks from our website, or sites linking to our website.  The linked sites are not under the control of Freeman® Beauty, and Freeman® Beauty is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites.  The inclusion of a link does not imply affiliation, endorsement, or adoption by Freeman® Beauty of the site or any information contained therein.  When leaving our website, you should be aware that Freeman® Beauty’s Terms and Conditions, Privacy Policy, Cookies Policy, and our other policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site. You acknowledge sole responsibility for and assume all risk arising from your use of third party websites.

 

Copyright and Trademarks

All of our website’s materials, including, without limitation, all Freeman® Beauty product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © Freeman® Beauty, LLC ALL RIGHTS RESERVED.  Unless expressly stated otherwise, Freeman® Beauty retains other proprietary rights in all products displayed on our website.  Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Freeman® Beauty or the respective copyright owner.  You may not, without the express written permission of Freeman® Beauty or the respective copyright owner (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials.  You also may not (a) sell, resell, or make commercial use of our website, its content, services, or products obtained through our website; (b) collect or use any product listings or descriptions; (c) make derivative uses of our website or its Content; or (d) use any data mining, robots, or similar data gathering and extraction methods.  You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Freeman® Beauty or any third party.

Together with other logos and product names described on our website, the following includes a partial list of trademarks or registered trademarks of Freeman® Beauty in the United States and other countries: Freeman™ Feeling Beautiful®, Freeman® Feeling Legendary™, Freeman® Beauty Infusion®, Freeman® Bare Foot®, Psssst!®, and c.Booth™.  These and all other Freeman® Beauty trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Freeman® Beauty or the rights holder.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Freeman® Beauty, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Freeman® Beauty.  Other names and brands on the website may be claimed as the property of others.

 

DMCA Copyright Policy and Copyright Agent

It is Freeman® Beauty’s policy to respect the copyright and intellectual property rights of others.  Freeman® Beauty may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others.  In addition, Freeman® Beauty may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.  Further, Freeman® Beauty complies with the Digital Millennium Copyright Act (“DMCA”).

If you believe Freeman® Beauty or any user of our website has infringed your copyright in any material way, please notify Freeman® Beauty, and provide the following:

  • an identification of the intellectual property right claimed to have been infringed;
  • an identification of the material you claim is infringing so that we may locate it on our website;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law;
  • a statement by you that the above information in your notice is accurate, made under penalty of perjury; and
  • that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by email to info@freemanbeauty.com, or at 1-800-726-4147 or Consumer Affairs, 2035 East 49th Street, Los Angeles, California 90058.

You agree to indemnify and hold harmless Freeman® Beauty, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of our website, your violation of these Terms and Conditions, and your violation of any rights of a third party.

 

Product Information

For questions about the products or services on our website, please use the Contact Us links found on the footer of our website.

 

Our Guarantee

We are confident you will enjoy your merchandise from Freeman Beauty.  Our goal is 100% customer satisfaction and if for any reason you are not completely satisfied with our products, PLEASE EMAIL OUR CUSTOMER SERVICE CENTER at info@freemanbeauty.com.

 

Product and Service Descriptions

We have taken reasonable precautions to try to ensure that all product descriptions, prices, and other information shown on our website are correct and fairly described.  All prices are displayed in United States Dollars unless expressly indicated otherwise.  Packaging may vary from that shown on our website.  Any weights, dimensions, and capacities shown on our website are approximate only.  All items are subject to availability.

 

Disclaimer of Warranties

ALTHOUGH FREEMAN® BEAUTY STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, FREEMAN® BEAUTY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT OUR WEBSITE IS FREE OF DESTRUCTIVE MATERIALS.  IN ADDITION, FREEMAN® BEAUTY DOES NOT WARRANT THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

FREEMAN® BEAUTY’S PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND.  WITHOUT LIMITING THE FOREGOING, FREEMAN® BEAUTY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OR TRADE. We make no warranty that the products or services offered by FREEMAN® BEAUTY will meet your requirements or be available on an uninterrupted, secure, or error-free basis. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATION AND INTERACTIONS WITH OTHER USERS OF OUR WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR WEBSITE, INCLUDING ANY SERVICES PROVIDED TO YOU. FREEMAN® BEAUTY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH OUR WEBSITE WILL BE MAINTAINED.  TO THE EXTENT ALLOWED BY LAW, FREEMAN® BEAUTY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section apply to the extent permitted by law and survive any termination of these Terms and Conditions.

 

Limitations on Liability

NOTICE TO NEW JERSEY USERS:  If you live in New Jersey, this section does not apply to you.

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL FREEMAN® BEAUTY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH (A) OUR WEBSITE; (B) THE USE OR INABILITY TO USE OUR WEBSITE; (C) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON OUR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (E) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (F) OTHERWISE UNDER THESE TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF FREEMAN® BEAUTY OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

FREEMAN® BEAUTY WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF CALIFORNIA.  IF ANY PROVISION OR PART-PROVISION OF THESE TERMS AND CONDITIONS IS DECLARED INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, IT WILL BE DEEMED SEVERABLE AND WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.

The terms of this section survive any termination of the Terms and Conditions.

 

Termination

NOTICE TO NEW JERSEY USERS:  If you live in New Jersey, this section does not apply to you.

Notwithstanding anything to the contrary in these Terms and Conditions, Freeman® Beauty reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use our website and to block and prevent future access to and use of our website.  You agree that Freeman® Beauty will not be liable for any termination of your use of or access to our website.

 

Third-party rights

Only you and Freeman® Beauty will be entitled to enforce these Terms and Conditions.  No third party will be entitled to enforce any of these Terms and Conditions, except as provided in this section.  If Freeman® Beauty assigns, transfers, or sub-contracts any of its rights or obligations under these Terms and Conditions to any third party in writing, such third party may enforce those Terms and Conditions that are assigned, transferred, or sub-contracted.

 

Mobile Application Users

The following provisions apply to users of Freeman® Beauty ’s mobile applications (each, an “Application”):

 

Users of the Apple Application

If you download and/or use our Application(s) for iPhone or iPad, these Terms incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula).  For purposes of these Terms, the Application is considered the “Licensed Application” as defined in the LAEULA and we are considered the “Application Provider” as defined in the LAEULA.  If any of these Terms conflict with the terms of the LAEULA, these Terms shall control.

 

Mobile Service, Internet and Service Fees

The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for a suitable device and such additional services, including, without limitation, all usage charges related thereto.  You may be required to send and receive, at your cost, electronic communications related to the Application, including, without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates from Freeman® Beauty, your mobile carrier, or third party service providers.  If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application.  You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including, but not limited to, payment of all third party fees associated therewith, including fees for information sent to or through the Application.

The Application may not work with all devices or all mobile carriers.  We make no representations that the Application will be compatible with or provided by all mobile carriers.  In the event that fees are charged for the Application or other third party service providers charge a fee for the products or services they provide, you agree to pay such fees to the respective party in exchange for your continued use of such products or services.  Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.  By using the Application you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Anti-

 

Diversion

Freeman® Beauty is not responsible for any injury or damage that may result from the purchase of products through distributors or retailers that are not authorized distributors or retailers of Freeman® Beauty products.  Freeman® Beauty is not responsible for any injury or damage that may result from products purchased past their expiration date or those that have been altered or discontinued.

 

Severability

If any provision of these Terms and Conditions, or part thereof, is deemed invalid, unlawful, void, or for any reason unenforceable, then that provision, or part thereof, will be deemed severable from the rest of these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions or part thereof.

The terms of this section survive any termination of the Terms and Conditions.

 

Language

It is the express intent of the parties that these Terms and Conditions and all related documents have been drawn up in English.

DISPUTE RESOLUTION: BINDING AND CONFIDENTIAL INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

Disputes.  The terms of this section will apply to all Disputes between you and Freeman® Beauty.  For purposes of this section, “Dispute” means any dispute, claim, or action between you and Freeman® Beauty arising under or relating to our products, website, the Freeman® Beauty Privacy Policy and Cookies Policy, and these Terms and Conditions of Use (“Agreement”), or any other transaction involving you and Freeman® Beauty, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and will be interpreted to have given the broadest meaning allowable under law.  YOU AND FREEMAN® BEAUTY AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS AND CONDITIONS WILL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR FREEMAN® BEAUTY FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION.  Moreover, notwithstanding anything else in these Terms and Conditions, you agree that a court, not an arbitrator, may decide if a claim falls within one of these four exceptions.

 

Confidential and Binding Arbitration.  You and Freeman® Beauty further agree to confidential and binding arbitration of all Disputes between the parties pursuant to the provisions in these Terms and Conditions.  ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED.  You and Freeman® Beauty further agree that (a) these Terms and Conditions memorialize a transaction in interstate commerce; and (b) the Federal Arbitration Act (9 U.S.C. §§1, et seq.) governs the interpretation and enforcement of this section; and (c) this section will survive termination of these Terms and Conditions.  The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and 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.  In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.  The decision of the arbitrator will be final and enforceable by any court with jurisdiction over the parties.

Small Claims Court.  Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.   Freeman® Beauty does not hereby waive any defense and expressly reserves its right to assert any defense available to it in any such action, whether jurisdictional or otherwise.

Dispute Notice.  In the event of a Dispute, you or Freeman® Beauty must first send to the other party a notice of the Dispute that includes a written statement that sets forth the name, address, and contact information of the party giving notice, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”).  The Dispute Notice to Freeman® Beauty must be addressed to: Freeman® Beauty Beauty, LLC, P.O. Box 667, Beverly Hills, California 90213, Attn: Customer Service (the “Freeman® Beauty Notice Address”).  The Dispute Notice to you will be sent by certified mail to the most recent address we have for you.  If Freeman® Beauty and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Freeman® Beauty may commence an arbitration proceeding pursuant to this section.  Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

 

WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.  YOU AND FREEMAN® BEAUTY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS.  ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR WILL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.

Arbitration Procedure.  If a party elects to commence arbitration, the arbitration will be governed by the Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS) in effect at the time the arbitration is initiated (the “JAMS Procedures”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this section.  The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.  If there is a conflict between the JAMS Procedures and the rules set forth in this section, the rules set forth in this section will govern.  You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws.  All Disputes will be resolved by a single neutral JAMS arbitrator, and both parties will have a reasonable opportunity to participate in the selection of the arbitrator.  The arbitrator is bound by the terms of this section.  The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable.  Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is for (a) trade secret misappropriation; (b) patent infringement; (c) copyright infringement or misuse; or (d) trademark infringement or dilution, each of which is excluded from the definition of “Dispute” as stated above.  The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.  You may choose to engage in arbitration hearings by telephone.  Arbitration hearings not conducted by telephone will take place in a location reasonably accessible from your primary residence, or in Los Angeles County, California, at your option.

  • Initiation of Arbitration Proceeding. If either you or Freeman® Beauty decide to arbitrate a Dispute, the parties agree to the following procedure:
  • Write a Demand for Arbitration. The Demand must include a description of the Dispute and the amount of damages sought to be recovered (“Demand for Arbitration”).  You can find a sample demand for arbitration at http://www.jamsadr.com.
  • Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:

JAMS
707 Wilshire Boulevard
46th Floor
Los Angeles, California  90017, U.S.A.

  • Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to in advance by the parties.

 

  • Hearing Format. In all hearings, the arbitrator will issue a written decision that explains the essential findings and conclusions on which an award, if any, is based.  During the arbitration, the amount of any settlement offer made by Freeman® Beauty or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Freeman® Beauty is entitled.  The discovery or exchange of non-privileged information relevant to the Dispute will be governed by the JAMS Optional Expedited Arbitration Procedures.

 

  • Arbitration Fees. Freeman® Beauty will pay, or (if applicable) reimburse, you for all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or Freeman® Beauty) pursuant to provisions of this section.

 

  • Opt-out. You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to the Freeman® Beauty Notice Address within thirty (30) days of your first visit to and use of the website that specifies your (a) name; (b) mailing address; and (c) request to be excluded from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions in these Terms and Conditions will continue to apply, including the requirement to provide notice prior to arbitration.

Time limit for resolving disputes.  The parties agree that any cause of action either may have with respect to our website or our products, services and content, must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary.  Many states’ laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by using our website and agreeing to these Terms and Conditions, you are agreeing to shorten the time you have to bring a claim.  This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages in connection with a Dispute.

 

NOTICE TO NEW JERSEY USERS:  If you live in New Jersey, your agreement to this provision shortens the time within which you may bring a Dispute.

Amendments to this section. Notwithstanding any provision in this section to the contrary, you and Freeman® Beauty agree that if Freeman® Beauty makes any future amendments to the dispute resolution procedure and class action waiver provisions in this section (other than a change to the parties’ addresses), Freeman® Beauty will post notice of such amendments on the website and you will have thirty (30) days from your first visit to or use of the website containing such amendments to affirmatively opt-out of any such amendments.  If you affirmatively opt-out of any future amendments, you agree you will arbitrate any Dispute between us in accordance with the language of this section as stated in this current section, without any of the proposed amendments governing.  If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to such future amendments.

Severability. If any provision in this section is found to be unenforceable, that provision will be severed with the remainder of these Terms and Conditions remaining in full force and effect.  The foregoing will not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire section will be null and void.  The terms of this section will otherwise survive any termination of these Terms and Conditions.

 

Exclusive Venue for Other Controversies

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

 

General

These Terms and Conditions and Freeman® Beauty’s Privacy Policy and Cookie Policy constitute the entire agreements between Freeman® Beauty and you with respect to your use of our website and, as applicable, any products of Freeman® Beauty.  The section titles used in these Terms and Conditions are purely for convenience and carry with them no legal or contractual effect.  Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Freeman® Beauty, and you do not have any authority to create any obligation or make any representation on Freeman® Beauty’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Freeman® Beauty’s written consent.  Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Freeman® Beauty and their respective successors and assigns.

The terms of this section survive any termination of these Terms and Conditions.

 

Other important terms

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.  We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion.  No delay by us in exercising any right or remedy under these Terms and Conditions will operate as waiver of that right or remedy or will affect our ability to subsequently exercise that right or remedy.  Any waiver must be agreed by us in writing.

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