BEAUTYKIND LLC TERMS OF SERVICE
Thank you for visiting BeautyKind. We are glad to have you as part of our community. These terms and any other BeautyKind policies referenced herein (together, the "Terms") apply to your use of beautykindgives.com and any related websites, and all other online products and services (collectively, the "Services") of BeautyKind LLC ( "BeautyKind," "we," "us" or "our").
Accepting these Terms
If you access or use the Service, by purchasing Products, or by clicking that you agree when prompted by BeautyKind, you are entering into a binding agreement with BeautyKind and agree to be bound by these Terms. Please read all of the Terms before you use the Service. If a term or provision contained in these Terms does not make sense to you, please let us know. If you don't agree to all of these Terms (including any policies referenced herein), you may not use the Service.
Charges to these Terms
We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. For example, we may change these Terms if we come out with a new feature. If we make changes, we will let you know by revising the date at the top of these Terms and, in some cases, provide you with additional notice (such as sending you an email notification). Any changes we make to these Terms will be effective when we post them. If you use the Service after we have posted the changed Terms, then you have accepted the changes to these Terms.
Description of the Service
BeautyKind is an online platform that enables you to purchase the beauty products you know and love, while also supporting charitable causes that you believe in. Through the Services, each time you purchase beauty products and related merchandise ("Products") through our online store, a certain percentage of that purchase will be donated to a charitable cause of your choosing.
When you create a member account you agree to maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. BeautyKind reserves the right to deny, deactivate, or terminate any account at our discretion.
BeautyKind makes various Products available for purchase through our Services, such as cosmetics, fragrances, skin care, hair and nail products, and various other bath and body merchandise. While we try to provide to you with all required product labeling information for the Products, we are not the manufacturer of the Products. Further, we are not responsible for any failure of a Product to satisfy any special use requirements or otherwise meet your needs or expectations.
All material and information presented by BeautyKind is intended to be used for personal educational or informational purposes only. The statements made about the Products on our Services have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and Products are not intended to diagnose, treat, cure or prevent any condition or disease. All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions.
Your use of the Services is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Services before using or relying on them. BeautyKind does not give or intend to give any answers to medical related questions and the Services do not replace any medical professional or medical resource. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. BeautyKind does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Services. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
No Resale of Products
The Products, including any samples BeautyKind may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from BeautyKind. BeautyKind reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of these Terms, as determined by BeautyKind at our discretion.
While we try to accurately display the colors of Products, the actual colors you see will depend on your monitor or screen settings and may not be accurate.
Prices and Taxes
All prices listed on the Services are subject to change without notice. The Products can be ordered and delivered only within the continental United States. All prices are quoted in U.S. Dollars.
In order to purchase Products, you are required to provide valid payment information. We may terminate your order for Products and take such other action as appropriate if we are unable to process your payment information and you do not provide an alternative form of payment upon our request. You agree to reimburse us for any and all costs incurred in collecting amounts owed by you to BeautyKind, including attorneys' fees and costs of collection agencies. You are responsible for any taxes that you are obligated to pay or that we may collect from you in connection with your purchase of Products. In certain jurisdictions, we may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
Shipping and Delivery
For information about Shipping and Delivery, please refer to our Shipping and Delivery.
For information about Product returns, please refer to our Return Policy.
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
BeautyKind may, in BeautyKind's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that BeautyKind establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by BeautyKind; (iii) may be disabled by BeautyKind at any time for any reason without liability to BeautyKind; (iv) may only be used pursuant to the specific terms that BeautyKind establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. BeautyKind reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that BeautyKind determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Right to Use the Service
On the condition that you fully comply with these Terms, BeautyKind grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service. Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Service; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service; (c) disassemble, decompile or reverse engineer any of the software components of the Service; (d) copy, frame or mirror any part of the Service; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Service or its related systems or networks.
Prohibited Use of the Service
You may not post and otherwise make available on or through any interactive features of the Service any of the following:
Private information of any other person (including names, email addresses, phone numbers, Social Security numbers and financial information);
Content that is libelous, defamatory, abusive, offensive or hateful;
Content that is obscene, pornographic, indecent or sexually explicit, or that depicts graphic, excessive or gratuitous violence;
Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
Viruses, corrupted data or other harmful, disruptive or destructive files or code;
Content that, in BeautyKind's judgment, is objectionable, may restrict or inhibit another from enjoying the Service or may expose BeautyKind or users of the Service to harm or liability of any type; and/or
Content that you are contractually or legally required to keep confidential.
Also, you may not do any of the following in connection with the Service or other users:
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
Collect any personal information about other users;
Intimidate, threaten, stalk, bully or otherwise harass other users;
Post spam or commercial messages through the Service;
Create an account or any post any Content if you are not over 13 years of age;
Use automated means to submit or edit Content;
Use the Services for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; and
Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, its users, or third parties.
Your use of the Service is at your own risk. BeautyKind is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, BeautyKind is not liable for Content. Although we have no obligation to screen, edit or monitor Content, we reserve the right, and have the discretion, to screen, edit or remove any Content at any time, for any reason and without notice. You represent and warrant that (a) you own and control all of the rights to all Content that you post or that you otherwise have the right to post your Content to the Services; (b) the Content you post is accurate and not misleading; and (c) our use and posting of the Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If you are posting a Product review on the Service, we encourage you to focus on your individual experiences using that Product and to provide details about why you like or dislike a Product. All Product reviews are subject to the rules and restrictions regarding Content as described in these Terms.
Reporting and Removal
BeautyKind users may report Content to BeautyKind that he/she thinks violates these Terms, and BeautyKind may remove that Content, suspend or terminate the account of the user who made posted the Content and/or take additional action to enforce these Terms against such user.
Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, BeautyKind has adopted a policy of terminating, in appropriate circumstances and at our discretion, account holders who are deemed to be repeat infringers. We also may, at our discretion, limit access to the Service and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you think that anything on the Service infringes upon any copyright that you own or control, you may file a notification with BeautyKind's Designated Agent as set forth below:
Address of Designated Agent:
14131 Midway Rd, Ste 645
Addison, TX 75001
Telephone Number of Designated Agent:
Email Address of Designated Agent:
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent that any material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees, BeautyKind or the alleged infringer incurs because we relied on the misrepresentation when removing or disabling access to the material or activity.
As between you and BeautyKind, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by BeautyKind or is used with permission.
You own all of your Content. However, when you post, link or otherwise make available Content to the Service, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any manner or media, on or off the Service. BeautyKind reserves all rights not expressly set forth in these Terms.
Any suggestions, comments or other feedback you give us about the Service will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
Third Party Materials
We may make third party content or services available on or through the Services as a convenience to our users (for example, links to third party websites) ("Third Party Materials"). Our users may also include Third Party Materials in the Content that they post to the Service. We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Services, you should be aware that these Terms and all other BeautyKind policies no longer govern your use of other websites and services.
THE PRODUCTS, THE SERVICE AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PRODUCTS, THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
IN NO EVENT WILL BEAUTYKIND BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR THE SERVICE OR ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your BeautyKind account.
Changes to the Service
BeautyKind reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any Products, features, information, materials or content on the Service with or without providing notice to you. BeautyKind will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.
Consent to Electronic Communications
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at CustomerCare@beautykindgives.com.
Suspension and Termination
BeautyKind may suspend or terminate your rights to access or use the Service for any reason or for no reason at all and with or without notice at BeautyKind's discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by using the tools in your member account or by contacting us at CustomerCare@beautykindgives.com.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH BEAUTYKIND AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BEAUTYKIND.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and BeautyKind agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in San Francisco, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and BeautyKind are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and BeautyKind intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in San Francisco, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Enforcement of these Terms is solely at BeautyKind's discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. Except as otherwise expressly elsewhere in these Terms, there will be no third party beneficiaries to these Terms. These Terms are binding upon and inure to the benefit of the parties and their permitted successors and assigns. Notwithstanding the foregoing, you may not assign your rights under these Terms without BeautyKind’s prior written consent. BeautyKind will be permitted to assign its rights under these Terms in its sole discretion. As used in these Terms, "including" means "including (without limitation)." The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.