Terms & Conditions
TERMS AND CONDITIONS
Benefit reserves the right to update or modify these Terms and Conditions at any time, on a prospective basis. When changes are made, we will make the revised version available on this webpage, and will update the “Last Updated” date, copied below. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from Benefit or otherwise use the Sites. By using these Sites, you agree to be bound by the Terms and Conditions posted on the Sites at the time of your access. If you do not agree to be bound by the Terms and Conditions, please do not visit the Sites or make any purchases.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Benefit. ARBITRATION MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS
These Terms and Conditions form a legally binding contract between you and us. By using and/or registering on our Sites, you affirm that you are at least 18 years of age or have reached the legal age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms and Conditions, and to abide and comply with these Terms and Conditions.
Everything on or used in connection with our Sites, including but not limited to Benefit’s name and logo, product images and descriptions, Site design, the look and feel of the Sites, text, graphics, button icons, images, audio clips, page headers, trademarks, content, the selection and arrangement thereof, and all software belongs to or is licensed to Benefit, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hard copy portions of the Sites for purposes of placing an order with Benefit or for non-commercial uses. Any other use of the materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Benefit is strictly prohibited. Use of any materials on the Sites in connection with any product or service that is not offered by Benefit in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Benefit, is also prohibited.
You may not use any data mining, robots, or similar data gathering and extraction tools on the Sites or frame any portion of the Sites. You may not circumvent any mechanisms included in the Sites for preventing the unauthorized reproduction or distribution of the content or materials contained on the Sites.
From time to time there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Benefit reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We reserve the right to reject your order prior to completed if the order was based on inaccurate information.
While we make reasonable efforts to ensure the information provided on the Sites is accurate, we cannot ensure the accuracy, availability, completeness, and reliability of any and all information, data or content on the Site. The content on the Site is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Sites. The information contained on the Sites may be compiled from a variety of sources. See the “Disclaimer” Section below for more details.
Proper Use of the Sites
You agree that you will use the Sites in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms and Conditions and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Sites in order to (a) determine whether a violation of these Terms and Conditions has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
You may not use the Sites in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.
Certain parts of the Sites may require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
Benefit may from time to time provide links to other websites or applications (collectively, "Third Party Websites") as a service to those interested in this information. Links to Third Party Websites may also be posted by third parties on Benefit’s Blog and on Benefit’s Applications. Benefit does not monitor, approve or have any control over any content located on Third Party Websites. The inclusion of any links to Third Party Websites does not imply any association or relationship between Benefit and the Third Party Website, and Benefit does not guarantee, endorse or adopt the accuracy or completeness of content on any Third Party Website. Benefit is not responsible for updating or reviewing content on Third Party Websites. You use Third Party Websites at your own risk. Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. If you use any of these links, you will leave the Sites.
Use of Products and Services
The products and services available on the Sites, including any samples Benefit may provide to you, are for personal use only. All material and information presented by Benefit is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites 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. Benefit does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Benefit does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.
You may not sell or resell any of products or services you purchase or otherwise receive from Benefit. Benefit reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where Benefit, in its sole discretion, believes may result in the violation of these Terms and Conditions.
California's Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. We care about our customers' safety and hope that the information below helps with your buying decisions.
We are providing the following warning for products linked to this page:
WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
While Benefit has tried to accurately display the colors of products, the actual colors you see will depend on the device you are using to view the product and may not be accurate.
If you access the Sites via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
BENEFIT IS PROVIDING THE SITES AND THEIR CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, BENEFIT DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BENEFIT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. BENEFIT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
Limitation of Liability
EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THE COST OF THE PRODUCT AT ISSUE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE REGARDING ANY PRODUCT PURCHASED ON THE SITES IS A REFUND OF THE PRICE PAID OR REPLACEMENT OF THE PRODUCT, AS MORE SPECIFICALLY DESCRIBED IN THE PURCHASE TERMS.
WE, OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITES OR ANY PRODUCT ADVERTISED OR SOLD ON THE SITES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, INJURY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE SITES OR USE OF ANY PRODUCT ADVERTISED OR SOLD ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
Users of our Sites have the opportunity to post certain content on our Sites, such as comments on Benefit’s Blog, reviews on our Ratings & Reviews features, and questions and answers on our Ask & Answer service (“User Generated Content”). All User Generated Content must comply with the Community Guidelines. The Community Guidelines is a binding part of these Terms and Conditions. Therefore, please ensure you read the Community Guidelines carefully when viewing the Sites.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide Benefit’s designated copyright agent (listed below) with the following written information in accordance with the Digital Millennium Copyright Act (17 U.S.C. 512 et seq.): 1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner; 2. A description of the copyrighted work claimed to have been infringed; 3. A description of the material that you claim is infringing, and where it is located on the Sites; 4. Your address, telephone number, and email address; 5. A statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement that you consent to the jurisdiction of the United States District Court for the judicial district pertaining to your address, or if your address is outside of the United States, for any judicial district in which Benefit is located, and that you will accept service of process from the person who provided notification or an agent of such person; and 7. A statement by you, made under penalty of perjury, that the above information is accurate, and that you are authorized to act on behalf of the copyright owner.
If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Benefit’s Designated Agent for claims of copyright infringement can be reached at:
- Copyright Agent Benefit Cosmetics LLC
- 225 Bush Street, 20th Floor
- San Francisco, CA 94104
- Email: firstname.lastname@example.org
- Fax: (415) 343-7175
Note: The above contact information is provided exclusively for notifying Benefit that copyright material may have been infringed. All other inquiries should be directed to our customer service by calling 800-781-2336 or using our online submission form.
You agree to defend, indemnify and hold harmless Benefit (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites; (b) your violation of any term of these Terms and Conditions; (c) a breach of these Terms and Conditions; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any content that you submitted to the Sites caused damage to a third party. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Sites.
Governing Law and Jurisdiction
These Terms and Conditions and all questions relating to the performance, interpretation, breach or enforcement of these Terms and Conditions, or the rights, obligations and liabilities of you and us under them are governed by the laws of the State of California.
THE ARBITRATION /NO CLASS ACTIONS PROVISION APPLIES ONLY TO UNITED STATES RESIDENTS AND PURCHASES MADE WITHIN THE UNITED STATES.
You agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Sites will be decided by binding arbitration. All disputes between you and Benefit of any kind or nature arising out of your use or enjoyment of the Sites, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the State of California, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
International Visitors and Shipping
We make no representation that materials contained on the Sites or products described or offered on the Sites are appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions comply with the laws of any other country. Visitors who use the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Sites from any territory where its contents are illegal, and that you, and not Benefit are responsible for compliance with applicable local laws.
Comments, Feedback and Other Submissions
Benefit welcomes your comments and feedback regarding the Sites, and Benefit products and services. Any information, materials, suggestions, ideas or comments sent to Benefit will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Benefit an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Benefit will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
The failure of Benefit to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term. Further, it shall not impact Benefit’s ability to enforce any other provision in these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Sites or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
Effective Date: 4/9/2014
Last Updated: 5/20/2016