TERMS AND CONDITIONS

EFFECTIVE DATE: August 28, 2024.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

BY USING THE WEBSITE, YOU AGREE TO THESE Terms & Conditions AND ALL OTHER POSTED GUIDELINES AND RULES, AND YOU ACKNOWLEDGE OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE, INCLUDING THE UPDATED DISPUTE RESOLUTION SECTION 13, YOU MUST CEASE AND IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.

These Terms of Use are effective as of the Effective Date above or, if required by law, 30 days after notice to you. Please review these updated Terms of Use carefully before using any Product (defined below). We may change these Terms of Use in the future, so we encourage you to review periodically the Terms of Use. Changes to these Terms of Use will be effective immediately or, if required by law, 30 days after notice to you, which may be given by posting the updated Terms of Use on our Website or by email. Customer service representatives are not authorized to modify these Terms of Use, either verbally or in writing, and any such modification shall have no effect.



1. INTRODUCTION
These are the Terms & Conditions (“Terms & Conditions” or “Agreement”), combined with our Privacy Policy, that govern your use of services or features on the website(s) or mobile application(s) owned or controlled by Benefit Cosmetics LLC, and its affiliates (“Company” or “We” or “Us”), including www.benefitcosmetics.com, and your purchase of any products or use of any services provided by Us (the “Products”). We may add additional websites or apps from time to time, and these Terms & Conditions will govern those new digital offerings when added (collectively with www.benefitcosmetics.com, the “Website”). You may be accessing the Website from a computer or mobile phone device (through an iPhone or Android mobile application, for example) and these Terms & Conditions govern your use of the Website and your conduct, regardless of the means of access.

The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country/region where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country/region. You access the Website at your own risk. You are solely responsible for your compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside are not permitted to use the Website.



2. INTELLECTUAL PROPERTY RIGHTS
2.1 Company Content and Marks. The content on the Website, including all features, materials, text, logos, software, scripts, data, graphics, photographs, sounds, music, videos, and interactive features (“Company Content”) and the trademarks, service marks and logos on the Website and the Products (“Marks”) are owned by or licensed to Company or its affiliates, and are subject to copyright, trademark, trade dress, patent, trade secret and other intellectual property rights under United States, Canada and foreign laws and international conventions. You may access and use Company Content, the Marks, the Website, and the Products only as permitted under these Terms & Conditions and Privacy Policy. No right, title, or interest in or to the Company Content or the Marks is transferred to you. Company has granted you a limited license to access and use the Website solely for your personal, non-commercial purposes.

2.2 Prohibited Uses. Company Content and the Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Company Content, the Marks, software, products or service contained on the Website without the prior written consent of us or the respective owners or licensors. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein. You agree to use the Marks and any intellectual property on the Website only for your personal, non-commercial use. The modification, reproduction, transmission, distribution, dissemination, selling, publication, broadcasting or circulation this material is strictly prohibited. We reserve all rights not expressly granted in and to Website, Products, Company Content, and the Marks.

2.3 Your license to us. We may invite you to submit Product reviews, chat or participate in blogs, online forums and other interactions with the Website and other users, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Company and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Company will be treated as non-confidential and non-proprietary and may be freely shared with third parties.

By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your name, image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Company has the right, in our sole and absolute discretion, to (i) remove, edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.



3. PRODUCT INFORMATION
3.1 Shipping and Pricing. The Products displayed on the Website can be ordered and delivered only within the United States and select countries. See the Shipping Information section of the Website for more information. All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S.

3.2 Personal Cosmetic Use Only. All material and information presented by Company is intended to be used for personal or informational purposes only. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements on the Website and Products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. The Products are not intended to be used on minors without prior discussion with the minor’s doctor and under the supervision of the minor’s parent or legal guardian.

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. Use of the Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Company does not give or intend to give any answers to medical-related questions. Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

3.3 Resales Prohibited. The Products available on the Website, including any samples Company may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Company. Company 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 this Agreement, as determined by Company in its sole discretion.

3.4 No Guarantee Of Color. While Company has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.



4. PURCHASES; PAYMENT
Company will bill you through an online billing account for purchases of Products. You agree to pay Company all charges at the prices then in effect for the Products You or other persons using your account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.



5. RETURNS AND EXCHANGES
Please review the Return Policy posted on the Website FAQ Drawers prior to making any purchases. The Return Policy is expressly incorporated into these Terms & Conditions.



6. MOBILE SERVICES
Please be aware that if you access the Website via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, may apply.



7.THIRD PARTY CONTENT AND THIRD PARTY SITES
7.1 No Representations Or Warranties Regarding Third Parties. We may interact with you on third party websites where we post content or invite your feedback, such as Facebook, Instagram, Twitter and YouTube ("Third Party Sites"). Company does not control those Third Party Sites. References on our Website to Third Party Sites, marks, names, products, or services, or link to Third Party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products or services.

Company does not monitor, approve or control any Third Party information that it links to (“Third Party Content”) or the Third Party Sites, and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Company and such third party.

You use Third Party Content and Third Party Sites at your own risk. You should always check the terms of use and privacy policies posted on Third Party Sites. Company does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Company is not responsible for updating or reviewing Third Party Content or Third Party Sites. Third Party Content, including comments from third party users submitted to Company, do not reflect the views of Company.

7.2 Company reserves the right, at any time and for any reason not prohibited by law, to deny permission to anyone linking to the Website.



8. YOUR REPRESENTATIONS AND WARRANTIES TO US
8.1 By using the Website, you represent and warrant that:

  • All information you submit is truthful and accurate;
  • You will maintain the accuracy of account information that you provide to Us;
  • You will keep your password confidential and will be responsible for all use of your password and account;
  • You are not a minor in the jurisdiction in which you reside; and
  • Your use of the Website does not violate any applicable law or regulation.


When you create or make available a Contribution, you represent and warrant that:

  • The creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and users of the Website to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
  • You have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
  • Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
  • Your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors;
  • Your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
  • Your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
  • You have not used a false e-mail address, pretended to be someone other than yourself, or otherwise misled Company or third parties as to the origin of any Contribution.


8.2 We reserve the right, but undertake no obligation, to remove Contributions that violate these Terms & Conditions or otherwise in our discretion to remove or edit any Contributions at any time for any reason without prior notice to you.


8.3 We reserve the right, but undertake no obligation, to remove or reclaim or change a username or nickname you select if we determine in our discretion that it is inappropriate, such as when the name is obscene or otherwise objectionable, or to comply with applicable laws.



9. PROHIBITED ACTIVITIES
You may not access or use the Website for any purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

  • Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
  • Attempting to impersonate another user or person or using the username of another user;
  • Criminal or tortious activity;
  • Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
  • Deleting the copyright or other proprietary rights notice from any Website content, Company Content, the Marks, or the Products;
  • Using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software on the Website;
  • Harassing, annoying, intimidating or threatening any Company employees or agents, or other users of the Website;
  • Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
  • Making any unauthorized use of the Website, including collecting usernames, nicknames, and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • Selling or otherwise transferring your user profile; Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
  • Tricking, defrauding or misleading Company and/or other users, especially in any attempt to learn sensitive account information such as passwords;
  • Using any information obtained from the Website in order to harass, abuse, or harm another person; Using the Website or data or other content from the Website as part of any effort to compete with Company or to provide services; and/or
  • Using the Website in a manner inconsistent with any and all applicable laws, regulations, and these Terms & Conditions.


10. PRIVACY POLICY
By using the Website, you are acknowledging the terms of our Privacy Policy. Please review Company’s PRIVACY POLICY.



11.INTELLECTUAL PROPERTY NOTICES
If you believe that your work or content has been copied and posted to the Website in a way that constitutes copyright infringement, please provide Company’s Designated Copyright Agent with the following information in accordance with the Digital Millennium Copyright Act (the “DMCA”), 17 U.S.C. § 512(c)(3).

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Website;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Your name, address, telephone number and email address (if available); and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

A copy of your notification will be sent to the person who posted the material addressed in the notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a DMCA notification. Accordingly, if you are not sure that the content at issue infringes your copyright, you should consider first consulting an attorney.

Notifications should be sent to our Designated Copyright Agent as follows:

Legal Department
Benefit Cosmetics LLC
595 Market Street
30th Floor
San Francisco, CA 94105
Phone: 628-251-1893
Email: legal@benefitcosmetics.com



12. RESERVATION OF RIGHTS
Company reserves the right, at any time, without notice and in its sole discretion, but undertakes no obligation, to terminate your license to use the Website and to block or prevent your future access to and use of the Website.

Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms & Conditions, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Company (and its employees), its users and the public.

We further reserve the right in our sole discretion, but undertake no obligation, to:

  • Monitor the Website for violations of these Terms & Conditions and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
  • Refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Company policy;
  • Remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
  • Limit the volume of Products available for purchase;
  • Manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website; and
  • Disable the account of any user and/or make the Website inaccessible to any user who violates these Terms & Conditions.

Company reserves the right, but undertakes no obligation, to take any of the actions listed above with no notice and liability to you.



13. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

The terms of this Section 13 apply to all Disputes (as defined below) even if the acts, omissions, or relationships giving rise to such Disputes occurred prior to this version of the Terms & Conditions (or such modification). However, if you or we initiated an arbitration or lawsuit prior to this version of the Terms & Conditions (or such modification), that arbitration or lawsuit will continue to be governed by the version of the Terms & Conditions applicable when the arbitration or lawsuit was initiated. Each provision of this Section 13 applies to the maximum extent permitted by law whether or not so expressly stated.

13.1 Applicability of this Dispute Resolution Policy. This Agreement is governed by the Federal Arbitration Act and federal arbitration law. You and we agree that this Agreement evidences a transaction in interstate commerce. To the fullest extent allowed by applicable law, you and we agree that any dispute, claim, or controversy (except those specifically exempted below) between you and us that in any way relates to or arises from any aspect of our relationship, the Products or the Website, including, without limitation, your use or attempted use of the Products or the Website, your relationship with us, and all matters relating to or arising from this Agreement, our Privacy Policy, including prior versions of this Agreement or our Privacy Policy, or any other agreement between you and us, including the validity and enforceability of this agreement to arbitrate, as well as all questions of arbitrability (each, a “Dispute”) will be resolved by binding individual arbitration pursuant to the provisions in this “Dispute Resolution” Section 13. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, personal injury, product liability, or negligence), or any other legal or equitable theory. This expressly includes claims that accrued before you entered into this Agreement. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.

13.2 Informal Dispute Resolution. Our customer support department is available at customercare@benefitcosmetics.com to address any concerns you may have regarding the Products or the Website. Most concerns are quickly resolved in this manner to our customers' satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and we agree to personally meet and confer telephonically or via videoconference in a good faith effort to resolve informally any Dispute prior to either party initiating a lawsuit or arbitration (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference, as will at least one of our corporate representatives. The party initiating a Dispute must give notice to the other party in a writing that specifically references this section of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 60 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party sends a Notice, even if the same law firm or group of law firms represents multiple users in similar cases; unless all parties agree, multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference. If we have a Dispute with you, we will send Notice of that Dispute to your billing address and/or email address you have provided to us. If you have a Dispute with us, you will send Notice to us in writing at the following email address: legal@benefitcosmetics.com, using the subject line “Informal Dispute Resolution Conference.” Your Notice must be individual to you and must include, as applicable, your name, email address, and your residential address. The Notice also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell us what you want us to do to resolve the problem. A notice of Dispute will not be valid, will not commence the time period for the Informal Dispute Resolution Conference, and will not allow you or us later to initiate formal legal action, unless it contains all of the information required by this paragraph. Engaging in the Informal Dispute Resolution Conference is a mandatory condition precedent and requirement that must be fulfilled before commencing arbitration. If either of us commences an arbitration without having previously provided a valid and compliant Notice, save for any right to commence an emergency arbitration if conditions warrant, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it participated in an Informal Dispute Resolution Conference after sending Notice as required by this paragraph. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Informal Dispute Resolution Conference, relying solely on this Agreement and the Notice (if any) that you or we provided before commencing arbitration. The statute of limitations and all filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this paragraph.

13.3 Binding Arbitration. If a Dispute cannot be resolved through negotiations during the Informal Dispute Resolution Conference, then either you or we may elect to have the Dispute finally and exclusively resolved by binding arbitration before an arbitrator mutually selected by the Parties (the “Arbitrator”), unless an exception applies as stated below. The Arbitrator must have experience with the subject matter of the Dispute. The arbitration will be administered pursuant to the applicable rules of American Arbitration Association (“AAA”), including the Comprehensive Dispute Resolution Rules and Procedures, as applicable (“AAA Rules”), which are available at the AAA, https://www.adr.org, as modified by this Agreement. Any arbitration demand filed by either party shall contain a certification that the party has satisfied the Informal Dispute Resolution Conference condition precedent set forth in paragraph 13.2.

The parties will meet and confer in good faith to select an arbitrator. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in these Terms. If the parties cannot mutually agree upon an arbitrator within 60 days for the arbitration being commenced, then the arbitrator shall be appointed in accordance with the rules.

The parties shall confer and attempt to agree in good faith on the place, or legal seat of arbitration, and if they are unable to agree within thirty days of the arbitrator being appointed, the legal seat shall be New York, New York. The language of the arbitration shall be English.

Regardless of the seat of arbitration, arbitration hearings may be conducted by telephonic means or by videoconference, unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided by the arbitrator.

The arbitrator must follow applicable law and shall issue a reasoned award if requested by any party. The arbitrator. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction.

The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this Agreement is not enforceable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

A party may only bring claims in its individual capacity on its own behalf, and not in any representative capacity, or on behalf of any class or purported class, and no arbitration commenced hereunder may be joined with or include any claims by any other persons, unless both parties’ consent. Each party shall bear its own arbitration filing fees.

If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and we agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.

Your and our right to recover attorneys’ fees, costs and arbitration fees shall be governed by the laws that apply to the parties’ dispute, as well as any applicable arbitration rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated under this agreement shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

13.3.1 Excluded Disputes. You and we agree that the following Disputes are excluded from this agreement to arbitrate: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

13.3.2 Small Claims Court. Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider shall administratively close the case, in which instance no filing fees shall be due or payable by either party.

13.4 Severability. If any provision in this Dispute Resolution Section of this Agreement is found to be unenforceable, that provision shall be severed with the remainder of this Dispute Resolution Section of this Agreement remaining in full force and effect.

13.5 No Right to Opt Out: You do not have the right to opt out of the Dispute Resolution Section. Rather, your sole remedy if you do not accept these Terms of Use (including this Dispute Resolution section) is to stop using the Products.



14. CLASS AND COLLECTIVE ACTION WAIVER.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.



15. APPLICABLE LAW; FORUM SELECTION; STATUTE OF LIMITATIONS
15.1 Applicable Law. These Terms of Use are governed by, construed and enforced in accordance with the internal substantive laws of the State of California, United States, regardless of the State’s conflict of laws provisions. However, any question as to whether a Dispute is subject to the binding arbitration agreement for U.S. Users is to be decided by applying the provisions of the Federal Arbitration Act, Title 9 of the U.S. Code ("FAA").

15.2 Statute of Limitations. To the fullest extent allowed by law, You and We agree that if any claim or cause of action arising out of or relating in any way to the Website, the Products, or these Terms & Conditions has a statute of limitations in excess of two years, such claim or cause of action must be filed within two years after the claim or cause of action accrued or it will be forever barred.

15.3 Forum. To the fullest extent allowed by law, You and We agree to submit to the exclusive jurisdiction of the state or federal courts located in San Francisco, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts for any claim or cause of action arising out of or relating in any way to the Website, the Products, or these Terms & Conditions.



16. DISCLAIMER OF WARRANTIES
COMPANY IS PROVIDING THE WEBSITE, ITS CONTENTS, AND THE PRODUCTS ON AN "AS-IS" AND “AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY OPERATING the website, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY Content or products AVAILABLE ON OR LINKED TO BY the website, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE ANY OTHER CONTENT or products TO BE ACCURATE, USEFUL, NON-HARMFUL, ERROR OR MALWARE-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE website OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, OR THAT THE website and products WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF the website or the products. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN these Terms & Conditions. YOU AGREE THAT YOUR USE OF The website and the products WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR Affiliates, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH the WEBSITE, THE PRODUCTS, AND YOUR USE THEREOF.



17. DISCLAIMER OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT and lost data, ARISING FROM YOUR USE OF the WEBSITE OR THE PRODUCTS. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.



18. INDEMNITY
You agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the Website, the Products, or any violation of these Terms & Conditions, as applicable. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from our own negligent conduct.



19. FRAUD PROTECTION PROGRAM
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. WE MAKE NO REPRESENTATION OR WARRANTY THAT THIS SCREENING WILL BE ACCURATE OR PROTECT YOU FROM LOSSES CAUSED BY A THIRD PARTY. 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.



20. SEVERABILITY
If any provision or portion of a provision of these Terms & Conditions is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included. The foregoing shall not apply to the prohibition against class or collective actions as provided for in Section 14 above. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.



21. NO WAIVER
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.



22. NOTICE TO NEW JERSEY USERS.
Notwithstanding any terms set forth in these Terms & Conditions, if any of the provisions set forth in paragraphs 15 and 16 are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you, but the rest of these Terms & Conditions shall remain binding on you and us. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms & Conditions, nothing in these Terms & Conditions is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.



23. NOTICE TO CALIFORNIA USERS.
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Website or the Products, please send an email to customercare@benefitcosmetics.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.



24. CONTACT INFORMATION AND CONSENT TO COMMUNICATIONS.
If you have any questions about these Terms & Conditions or your account, please contact us at customercare@benefitcosmetics.com. By providing us with your email address, postal address, or phone number, you are agreeing that we or our agent may contact you at that email address, postal address, or number (including by text message) in connection with the Website, the Products, or our agreements with you and in accordance with our Privacy Policy.



25. UPDATES.
From time to time, we may modify, add to, supplement or delete portions of these Terms & Conditions, so we encourage you to review periodically the Terms & Conditions applicable. If you do not agree with the proposed changes, you should discontinue your use of the Website. If you continue using the Website after the new Terms & Conditions take effect, you will be bound by the new Terms & Conditions.



26. ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and the Company. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in these Terms of Use.



27. TERMINATION.
We can reduce, change and stop the Website and the availability of the Products in any way in parts or entirely at any time. There is no right to a specific Website or Products or to an unlimited availability or accessibility of the Website or the Products. We do not guarantee or undertake any obligation to provide the Website or the Products to you at all times or at any given time. Any suspension or termination of your access to the Website, the Products or this agreement shall not affect provisions of these Terms & Conditions, such as dispute resolution, indemnification, limitations of liability, disclaimer of warranty, that are by their nature intended to survive such suspension, termination, or cancellation.