Terms of service
Reframe Beauty Terms of Service
Last Updated: May 19, 2025
Please read this Terms of Service Agreement ("Agreement") carefully. This Agreement is a legal contract between you and Reframe Beauty, LLC ("Reframe Beauty", "we" or "us").
SECTION 13 OF THIS AGREEMENT PROVIDES THAT, UNLESS YOU OPT OUT WITHIN THIRTY (30) DAYS OF AGREEING TO THIS AGREEMENT, ALL DISPUTES BETWEEN YOU AND US, WITH LIMITED EXCEPTIONS, WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 13 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.
By accessing or using www.reframebeauty.com ("Website") or accessing or using any content, information, services, features or resources available or enabled via the Website (collectively, the "Services"), including by buying any products we sell on the Website ("Products") you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any Reframe Beauty, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on the Services ("Supplemental Terms") which are incorporated by reference into this Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.
Subject to Section 14.7 of this Agreement, Reframe Beauty reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
Please note that if you opt-in to obtain text messages from Reframe Beauty, Section 1.4 (Text Message Services) of this agreement below contains terms related to our text message services.
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USE OF THE SERVICES AND REFRAME BEAUTY PROPERTIES. The Website, the Services, and the information and Content available on the Website and in the Services (as these terms are defined herein) (each, a "Reframe Beauty Property" and collectively, the "Reframe Beauty Properties") are protected by copyright laws throughout the world. Subject to the Agreement, Reframe Beauty grants you a limited license to reproduce portions of Reframe Beauty Properties, on any device owned or controlled by you, for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Reframe Beauty in a separate license, your right to use any and all Reframe Beauty Properties is subject to the Agreement.
1.1 Updates. You understand that Reframe Beauty Properties are evolving. You acknowledge and agree that Reframe Beauty may update Reframe Beauty Properties with or without notifying you. You may need to update third-party software from time to time in order to use Reframe Beauty Properties.
1.2 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Reframe Beauty Properties or any portion of Reframe Beauty Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Reframe Beauty Properties (including images, text, page layout or form) of Reframe Beauty; (c) you shall not use any metatags or other "hidden text" using Reframe Beauty's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Reframe Beauty Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Reframe Beauty Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Reframe Beauty Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Reframe Beauty Properties. Any future release, update or other addition to Reframe Beauty Properties shall be subject to the Agreement. Reframe Beauty, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Reframe Beauty Property terminates the licenses granted by Reframe Beauty pursuant to the Agreement.
1.3 Reframe Beauty Communications. By entering into the Agreement or using the Services, you agree to receive communications from us, including via email and push notifications. Communications from us may include but are not limited to operational communications concerning your use of the Services, updates concerning new and existing features on the Services, and news concerning Reframe Beauty. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
1.4 Text Message Services. Reframe Beauty may offer one or more mobile message programs (collectively, the “Message Service”) that allows users to receive SMS/MMS mobile messages by opting-in such as through online enrollment forms. Regardless of the opt-in method you use to enroll, you agree that your use of the Message Service is governed by this Agreement. We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you. Message and data rates may apply. By enrolling a telephone number in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the number you specify, and you represent that you are authorized to receive mobile messages at such number. The messages sent through the Message Service may include operational and transactional messages, such as account verification and order status, as well as general marketing messages about Reframe Beauty products, services, and promotions related thereto. You agree that these messages may be transmitted using an automatic telephone dialing system (“ATDS”), other automated systems for the selection or dialing of telephone numbers, or different technology. Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services. While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system. Message frequency varies. If you do not wish to continue participating in a Message Service program we offer, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message you receive from that program to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that that we and our service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those keyword commands set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. To the extent you subscribe to more than one Message Service program that we operate, you must unsubscribe from each program separately. For Message Service support or assistance, text the HELP keyword in response to any message you receive through the Message Service or email us at support@reframebeauty.com. Please note that the use of this email address is not an acceptable method of opting out of Message Service. Opt outs must be submitted in accordance with the procedures set forth above. We may change any short code or telephone number we use to operate the Message Service at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages. The Message Service may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control. We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages. If you decide to change your mobile phone number, you agree to first opt out of each Message Service program in which your number is enrolled. For clarity, you acknowledge and agree that any disputes between you and us related to the Message Service will be governed by Section 13 (Arbitration Agreement).
2. Purchasing Products.
2.1 Product Descriptions. Certain Products available on our Website may be available exclusively online through the Website. These Products may have limited quantities. Descriptions, images, references, features, content, specifications, prices, and availability of any Products are subject to change without notice at our discretion, and our current prices can be found on the Website. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors and images; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors and images. The inclusion of any Products on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Website. By placing an order, you represent that the Products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product; to honor, cancel or impose conditions or limitations on the honoring of, any coupon, coupon code, Promo Code, referral credit or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product or service. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Website is void where prohibited.
2.2 Order Acceptance. Each part of any order that you submit to Reframe Beauty constitutes an offer to purchase. If you do not receive a message from Reframe Beauty confirming receipt of your order, please contact our Customer Service department at support@reframebeauty.com before re-entering your order. Reframe Beauty's confirmation of receipt of your order does not constitute Reframe Beauty's acceptance of your order. Reframe Beauty is only deemed to have accepted your order once the Product(s) you ordered have been shipped.
2.3 Order Issues. Although we strive to accept all valid orders, Reframe Beauty reserves the right to deny any order for any reason, including if: (a) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (b) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (c) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.
2.4 Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, Reframe Beauty reserves the right to cancel your order and provide you a refund for the amount paid for the Product.
2.5 Return Policy. You may return Products at any time within thirty (30) days of purchase, in accordance with the Reframe Beauty Return Policy available at https://reframebeauty.com/policies/refund-policy.
2.6 Restrictions on Resale. To protect the intellectual property rights of Reframe Beauty and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. Reframe Beauty reserves the right to decline any order that we deem to possess characteristics of reselling.
3. Fees and Purchase Terms.
3.1 Payment. You agree to pay for all orders made by you or on your behalf in accordance with the prices and billing terms in effect at the time an order is made by you or on your behalf. You also agree to pay all applicable taxes. To make an order through the Services, you must provide valid payment information. By providing your payment information, you agree that Reframe Beauty is authorized to immediately invoice you for all fees and charges due and payable to Reframe Beauty hereunder and that no additional notice or consent is required. Reframe Beauty reserves the right at any time to change its prices and billing methods. Please contact support@reframebeauty.com regarding any billing disputes.
3.2 Third-Party Service Providers. Reframe Beauty uses Shopify, Inc. ("Shopify") as a third-party service provider for hosting the Reframe Beauty Properties and providing payment services (e.g., credit card transaction processing, merchant settlement, and related services) (“Third-Party Service Provider”). By using the Services, you hereby consent and authorize Reframe Beauty and Shopify to share any information and payment instructions you provide to complete your transactions. You agree to be bound by Shopify’s Privacy Policy (currently accessible at https://www.shopify.com/legal/privacy) and its Terms of Service (currently accessible at https://www.shopify.com/legal/terms). Please note that online payment transactions may be subject to validation checks by our Third-Party Service Provider and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Third-Party Service Provider uses various fraud prevention protocols and industry standard verification systems to reduce fraud, and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Third-Party Service Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services. Further, Reframe Beauty uses a separate third-party service provider for shipping and other logistics related to the Products. You acknowledge and agree that Reframe Beauty is not responsible for any delays, damages, or additional costs incurred during the shipping process.
3.3 The payments required under this Section 3 of this Agreement do not include any Sales Tax that may be due in connection with the Services provided under this Agreement. If Reframe Beauty determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Reframe Beauty shall collect such Sales Tax in addition to the payments required under this Section 3 of this Agreement. If any Services, or payments for any Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Reframe Beauty, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Reframe Beauty for any liability or expense Reframe Beauty may incur in connection with such Sales Taxes. Upon Reframe Beauty's request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
3.4 Discounts and Promotional Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for discounts on your total order or other features or benefits. Each promotional code will be unique and is subject to any additional terms that we establish on a per promotional code basis. Only promotional codes sent to you through official Reframe Beauty communications channels are valid. You agree that promotional codes: (a) must be used for the intended audience and purpose, and in a lawful manner; (b) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (c) may be disabled by us at any time for any reason without liability to us; (d) may only be used pursuant to the specific terms that we establish for such promotional code; (e) are not redeemable for cash; and (f) may expire prior to your use.
4. RESPONSIBILITY FOR CONTENT.
4.1 Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Services (collectively, “Content”), including Reframe Beauty Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Reframe Beauty, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through Reframe Beauty Properties ("Your Content"), and that you and other users of Reframe Beauty Properties, and not Reframe Beauty, are similarly responsible for all Content that you and they Make Available through Reframe Beauty Properties ("User Content").
4.2 No Obligation to Pre-Screen Content. You acknowledge that Reframe Beauty has no obligation to pre-screen Content (including, but not limited to, User Content), although Reframe Beauty reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring; provided, that, Reframe Beauty's use of such Content will be subject to its privacy policy available at: https://reframebeauty.com/policies/privacy-policy. In the event that Reframe Beauty pre-screens, refuses or removes any Content, you acknowledge that Reframe Beauty will do so for Reframe Beauty's benefit, not yours. Without limiting the foregoing, Reframe Beauty shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to Reframe Beauty.
4.3 Storage. Unless expressly agreed to by Reframe Beauty in writing elsewhere, Reframe Beauty has no obligation to store any of Your Content that you Make Available on Reframe Beauty Properties. Reframe Beauty has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Reframe Beauty Properties.
5. OWNERSHIP.
5.1 Reframe Beauty Properties. You agree that Reframe Beauty and its suppliers own all rights, title and interest in Reframe Beauty Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Reframe Beauty Properties.
5.2 Trademarks. All related graphics, logos, service marks and trade names used on or in connection with any Reframe Beauty Properties or in connection with the Services are the trademarks of Reframe Beauty and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Reframe Beauty Properties are the property of their respective owners.
5.3 Other Content. You agree that you have no right, title, or interest in or to any Content that appears on or in Reframe Beauty Properties, except Your Content as expressly described herein.
5.4 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Reframe Beauty through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that Reframe Beauty has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Reframe Beauty a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Reframe Beauty Properties and/or Reframe Beauty's business.
5.5 Ratings, Reviews, and Testimonials. The Services allow you to post reviews, ratings and comments about Reframe Beauty Products (collectively, “Reviews”), and you are solely responsible for any Content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are Your Content or the Content of other users and such Content is not endorsed by Reframe Beauty nor does such Content represent the views of Reframe Beauty. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their Content. Reframe Beauty shall have the right, but not the obligation to monitor or review any Reviews at any time. Reframe Beauty reserves the right to refuse to post or remove any material submitted or posted in any Review. Because we expect users to maintain a high level of integrity with respect to ratings and Reviews posted through the Services, you agree: (a) to base any rating or Review you post only on your first-hand experience with Reframe Beauty; (b) you will not provide a rating or Review for Reframe Beauty if you have an employment relationship or other affiliation with Reframe Beauty; (c) you will not submit a rating or Review in exchange for payment or other benefits from any individual or entity; and (d) your Review will comply with the terms of this Agreement. If Reframe Beauty determines, in our sole discretion, that any rating or Review could diminish the integrity of the ratings and Reviews, we may exclude such Content without notice. By submitting your Reviews, you grant Reframe Beauty and its agents the worldwide, perpetual (even after termination of this Agreement), irrevocable, royalty-free, non-exclusive and sub-licensable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Reviews and to incorporate the Reviews in other works in any and all markets and media, whether now known or hereafter discovered, without any additional approval or consideration, in connection with advertising and marketing Reframe Beauty and the Reframe Beauty Products and to otherwise provide or improve the Products and Services. Reviews submitted by you must not violate any applicable laws, rules, and regulations. Reframe Beauty shall have no obligation to copy, publish, display, or otherwise exploit the Reviews.
6. THIRD-PARTY SERVICES. Reframe Beauty Properties may contain links to third-party websites ("Third-Party Websites") and advertisements for third parties ("Third-Party Ads"). When you click on a link to a Third-Party Website or Third-Party Ad, we will not warn you that you have left Reframe Beauty Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Ads are not under the control of Reframe Beauty. Reframe Beauty is not responsible for any Third-Party Websites or Third-Party Ads. Reframe Beauty provides these Third-Party Websites and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Ads at your own risk. When you leave our Website, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. INDEMNIFICATION. You agree to indemnify and hold Reframe Beauty, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Reframe Beauty Party" and collectively, the "Reframe Beauty Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Reframe Beauty Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules or regulations. Reframe Beauty reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Reframe Beauty in asserting any available defenses. This provision does not require you to indemnify any of the Reframe Beauty Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your use of the Services, the Agreement and/or your access to Reframe Beauty Properties.
8. DISCLAIMER OF WARRANTIES
8.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF REFRAME BEAUTY PROPERTIES IS AT YOUR SOLE RISK, AND REFRAME BEAUTY PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. REFRAME BEAUTY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. THIS SECTION 8 DOES NOT AFFECT IN ANY WAY OUR RETURN POLICY FOR GOODS PURCHASED ON THE WEBSITE. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH A PURCHASE YOU MAKE ON THE WEBSITE, PLEASE RETURN IT IN ACCORDANCE WITH THE TERMS OF OUR RETURN POLICY, AS DESCRIBED AT https://reframebeauty.com/policies/refund-policy.
A. REFRAME BEAUTY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) REFRAME BEAUTY PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF REFRAME BEAUTY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF REFRAME BEAUTY PROPERTIES WILL BE ACCURATE OR RELIABLE.
B. ANY CONTENT ACCESSED THROUGH REFRAME BEAUTY PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS REFRAME BEAUTY PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
C. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. REFRAME BEAUTY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM REFRAME BEAUTY OR THROUGH REFRAME BEAUTY PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the foregoing disclaimers, exclusions and limitations may not apply to you, and you might have additional rights.
8.2 No Liability for Content. THE SERVICE CONTAINS OPINIONS AND VIEWS OF REFRAME BEAUTY. REFRAME BEAUTY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT POSTED BY REFRAME BEAUTY THAT IS MADE AVAILABLE THROUGH THE SERVICES.
8.3 No Liability for Conduct of Third Parties or Products. YOU ACKNOWLEDGE AND AGREE THAT REFRAME BEAUTY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD REFRAME BEAUTY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
8.4 Professional Advice Disclaimer.
A. THE CONTENT AND INFORMATION LOCATED ON THE REFRAME BEAUTY PROPERTIES ARE DESIGNED FOR EDUCATIONAL AND INFORMATIONAL, PURPOSES ONLY AND IS NOT CONSTRUED TO BE ADVICE OF ANY KIND. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE IN OR VIA THE REFRAME BEAUTY PROPERTIES AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE. YOU MUST NOT RELY ON ANY OF THE CONTENT AND INFORMATION FOR ANY PURPOSES WHATSOEVER, AND YOU MUST SEEK YOUR OWN INDEPENDENT PROFESSIONAL ADVICE BEFORE RELYING ON OR OTHERWISE DECIDING TO TAKE ANY ACTION ON THE BASIS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES.
B. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION OR CONTENT AVAILABLE ON THE REFRAME BEAUTY PROPERTIES. THE USE OF AND RELIANCE ON INFORMATION AND CONTENT PROVIDED THROUGH THE REFRAME BEAUTY PROPERTIES IS SOLELY AT YOUR OWN RISK.
C. NOTHING STATED OR POSTED ON THE REFRAME BEAUTY PROPERTIES OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE INCLUDES, WITHOUT LIMITATION, PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
D. THE REFRAME BEAUTY PROPERTIES ARE CONTINUALLY UNDER DEVELOPMENT AND REFRAME BEAUTY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
9. LIMITATION OF LIABILITY
9.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL REFRAME BEAUTY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT REFRAME BEAUTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Cap on Liability. IF YOU HAVE PURCHASED ANY PRODUCTS FROM REFRAME BEAUTY THROUGH THE SERVICES, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE REFRAME BEAUTY INDEMNITEES ARE LIABLE TO YOU EXCEED THE LESSER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO REFRAME BEAUTY BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES. IF YOU HAVE NOT PURCHASED ANY PRODUCTS FROM REFRAME BEAUTY THROUGH THE SERVICES, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE REFRAME BEAUTY PARTIES ARE LIABLE TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
9.3 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REFRAME BEAUTY AND YOU.
9.4 Exclusions. The laws of some states do not allow for the exclusion or limitation of certain damages. If these laws do not apply to you, some or all of the foregoing disclaimers, exclusions and limitations may not apply to you, and you might have other rights.
10. REMEDIES.
10.1 Violations. If Reframe Beauty becomes aware of any possible violations by you of the Agreement, Reframe Beauty reserves the right to investigate such violations. If, as a result of the investigation, Reframe Beauty believes that criminal activity has occurred, Reframe Beauty reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Reframe Beauty is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Reframe Beauty Properties, including Your Content, in Reframe Beauty's possession in connection with your use of Reframe Beauty Properties, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Agreement, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Reframe Beauty, its users or the public, and all enforcement or other government officials, as Reframe Beauty in its sole discretion believes to be necessary or appropriate.
10.2 Breach. In the event that Reframe Beauty determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for Reframe Beauty Properties, Reframe Beauty reserves the right to:
A) Warn you via e-mail (to any e-mail address you have provided to Reframe Beauty) that you have violated the Agreement;
B) Delete any of Your Content provided by you or your agent(s) to Reframe Beauty Properties;
C) Discontinue your registration(s) with any of Reframe Beauty Properties, including any Services or any Reframe Beauty community;
D) Cancel all of your outstanding orders and refuse to accept new orders.
E) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
F) Pursue any other action which Reframe Beauty deems to be appropriate.
11. TERM AND TERMINATION.
11.1 Term. You hereby acknowledge and agree that the Agreement commences on the earlier to occur of (a) the date you first used Reframe Beauty Properties or (b) the date you accepted the Agreement and will remain in full force and effect while you use any Reframe Beauty Properties, unless earlier terminated in accordance with the Agreement. At its sole discretion, Reframe Beauty may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party.
11.2 Termination of Services by You. If you want to terminate the Services provided by Reframe Beauty, you may do so by notifying Reframe Beauty at any time.
11.3 Effect of Termination. In addition to suspending or terminating your access to the Services, Reframe Beauty reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to Reframe Beauty for Products purchased will remain due. Upon termination of this Agreement, all provisions which by their nature are intended to survive termination will survive, including without limitation, Sections 5 and 7 through 14.
12. INTERNATIONAL USERS. The Services are controlled and offered by Reframe Beauty from its facilities in the United States of America. We currently only ship Products within the contiguous United States. Reframe Beauty makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Website from other countries do so at their own volition and are responsible for compliance with local law.
13. DISPUTE RESOLUTION.
13.1 Arbitration of Disputes. Subject to the terms of this Agreement to arbitrate (“Arbitration Agreement”), you and Reframe Beauty agree that all disputes or claims between you and the Reframe Beauty that arise out of or relate in any way to your use of or access to the Service, or to this Agreement, including prior versions of this Agreement, (each, a “Dispute”) will be resolved by binding arbitration. By entering into this Arbitration Agreement, ALL PARTIES ARE WAIVING THEIR RESPECTIVE RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. This Arbitration Agreement is intended to be broadly interpreted and includes, for example, Disputes brought under any legal theory or that arose before you first accepted any version of this Agreement containing an arbitration provision. This Arbitration Agreement does not preclude any party from (1) bringing claims in small claims court if such claims qualify and remain in small claims court; or (2) seeking equitable relief in a court of appropriate jurisdiction for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
13.2 Informal Dispute Resolution. Before initiating any proceeding according to the terms of this Arbitration Agreement, as a condition precedent to doing so, you and Reframe Beauty agree to try to first resolve Disputes informally by contacting the other party in writing (the “Notice of Dispute”). If the Dispute is not resolved within forty-five (45) days after submission of the Notice of Dispute, you or Reframe Beauty may commence arbitration or, in the limited circumstances described in this subsection above, an alternative legal proceeding. Any applicable statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal Dispute resolution process.
13.3 Arbitration Procedures. The interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings initiated hereunder shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq. The National Arbitration & Mediation (“NAM”) will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Supplemental Rules for Mass Arbitration Filings (the “NAM Mass Filing Rules”) (both sets of rules are currently available at https://www.namadr.com/resources/rules-fees-forms/), and as modified by this Arbitration Agreement. All issues are for the arbitrator to decide, including issues related to the scope and enforceability of this Arbitration Agreement and the arbitrability of Disputes, except that only a court of competent jurisdiction may decide issues concerning the validity, enforceability, interpretation, and breach of subsection 13.6 below. The arbitration will be conducted in the county where you reside or San Francisco, California, unless the parties agree to another location or the Batch Arbitration process is triggered per subsection 13.7 below. The arbitrator shall issue a final, binding written award, which may be entered in any court having jurisdiction.
13.4 Confidentiality. To the fullest extent permitted by applicable law, all materials and documents exchanged during the arbitration will be kept confidential.
13.5 Arbitration Fees. The NAM Rules shall govern the payment of arbitration fees. The parties shall bear their own attorneys’ fees and costs unless the arbitrator finds that the Dispute was frivolous and/or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
13.6 No Class or Representative Actions. You and Reframe Beauty agree that, by entering into this Arbitration Agreement, all parties MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. 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. If a final decision, not subject to any further appeal or recourse, determines that this Arbitration Agreement is invalid or unenforceable as to any particular claim or request for relief (such as a request for public injunctive relief), you and Reframe Beauty agree that only that particular claim or request for relief shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California.
13.7 Batch Arbitration. Notwithstanding subsection 13.6 above, to increase the efficiency of administration and resolution of arbitrations, you and Reframe Beauty agree that, in the event there are ten (10) or more individual requests of a substantially similar nature (i.e., requests that arise out of or relate to the same or similar facts and raise the same or similar legal issues and requests for relief) filed against Reframe Beauty by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 requests per batch (or, if between ten (10) and ninety-nine (99) individual requests are filed, a single batch of all those requests, and, to the extent there are less than 100 requests remaining after the batching described above, a final batch consisting of the remaining requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). If there is any dispute about the applicability of these Batch Arbitration procedures, NAM shall appoint a single administrative arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). The Administrative Arbitrator’s fees shall be paid by Reframe Beauty.
13.8 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement. If you do not wish to be bound by this Arbitration Agreement, you must send written notice to Reframe Beauty within thirty (30) days of first accepting any version of this Agreement containing an Arbitration Agreement. You must send this notice to Reframe Beauty, 9336 Civic Center Dr, Beverly Hills, CA 90210 and must include: (1) your name and address; (2) a valid email address (if you have one); and (3) an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may currently have, or may enter in the future, with us.
13.9 Changes to the Arbitration Agreement. The parties agree that Reframe Beauty retains the right to make changes to this Arbitration Agreement in the future. You may reject any such change by notifying Reframe Beauty within thirty (30) days of that change at support@reframebeauty.com or 9336 Civic Center Dr, Beverly Hills, CA 90210. Unless you reject the change within thirty (30) days, your continued use of the Service constitutes your acceptance of the change. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you did not previously properly opt out per the requirements in subsection 13.8 above. By rejecting a future change, you remain bound to arbitrate any Dispute in accordance with the terms of this Arbitration Agreement, as modified by any changes to the Arbitration Agreement you did not reject. Reframe Beauty will continue to honor any valid opt outs to the Arbitration Agreement, and you do not need to submit a rejection of future changes to this Arbitration Agreement if you properly opted out per the requirements in subsection 13.8 above.
14. GENERAL PROVISIONS.
14.1 Electronic Communications. The communications between you and Reframe Beauty may take place via electronic means, whether you visit Reframe Beauty Properties or send Reframe Beauty e-mails, or whether Reframe Beauty posts notices on Reframe Beauty Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Reframe Beauty in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Reframe Beauty provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
14.2 Release. You hereby release Reframe Beauty Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Reframe Beauty Properties, including but not limited to, any interactions with or conduct of other users or Third-Party Websites of any kind arising in connection with or as a result of the Agreement or your use of Reframe Beauty Properties. If you are a California resident, you hereby waive California Civil Code Section 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." The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Reframe Beauty Party or for such party's fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.
14.3 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Reframe Beauty's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
14.4 Force Majeure. Reframe Beauty shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
14.5 Governing Law. This Agreement and any action related thereto shall be governed and interpreted by and under the laws of the State of California, without regard to conflicts of law provisions. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Reframe Beauty agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in Los Angeles, California.
14.6 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Reframe Beauty Properties, please contact us at: Reframe Beauty, support@reframebeauty.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
14.7 Agreement Updates. When changes are made, Reframe Beauty will make a new copy of this Agreement and/or Supplemental Terms, as applicable, available on the Services, and we will also update the “Last Updated” date at the top of this Agreement. Unless otherwise stated in such update, any changes to this Agreement will be effective thirty (30) days after posting. Reframe Beauty may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.
14.8 Electronic Notices. Where Reframe Beauty requires that you provide an e-mail address, you are responsible for providing Reframe Beauty with your most current e-mail address. In the event that the last e-mail address you provided to Reframe Beauty is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Reframe Beauty's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Reframe Beauty to the address above. Such notice shall be deemed given when received by Reframe Beauty by letter delivered by nationally recognized.
14.9 Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Reframe Beauty. Reframe Beauty's failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
14.10 Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
14.11 Export Control. You may not use, export, import, or transfer Reframe Beauty Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Reframe Beauty Properties, and any other applicable laws. In particular, but without limitation, Reframe Beauty Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using Reframe Beauty Properties, you represent and warrant that (y) 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 (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Reframe Beauty Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Reframe Beauty are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Reframe Beauty products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
14.12 Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of Reframe Beauty, which are not included in this Agreement, shall be binding on Reframe Beauty or its affiliates.
