Terms of Service
THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BEAUTYRIGHTBACK INC. BEFORE USING ANY BEAUTYRIGHTBACK SERVICES, PLEASE READ IT CAREFULLY. BY ACCESSING, DOWNLOADING, USING, PURCHASING, AND/OR SUBSCRIBING TO THE BEAUTYRIGHTBACK SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE CEASE USING THE BEAUTYRIGHTBACK SERVICES IMMEDIATELY.
SECTION 15 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT.
1. Acceptance of Agreement
By accessing or using BeautyRightBack's Services, you agree to be bound by this Terms of Use Agreement (the "Terms" or "Agreement"), including our Privacy Policy and Community Guidelines. Therefore, it is important that you read this Agreement and these policies and procedures carefully before you create an account. If you do not agree to this Agreement, you may not access or use the Site or the Services. Please print out a copy of the Agreement for your records.
We may update these Terms from time to time, so check this page regularly for updates.
Welcome to BeautyRightBack, operated by BeautyRightBack Inc (“BeautyRightBack Inc”). As used in this Agreement, the terms “BeautyRightBack,” “us,” “we,” the “Company,” and “our” shall refer to BeautyRightBack Inc and/or BeautyRightBack Inc Services Limited, as appropriate. Together, you and BeautyRightBack may be referred to as the “Parties” or separately as a “Party.”
The BeautyRightBack mobile application (the “App”), or any other platforms or services BeautyRightBack may offer (collectively, the “Service” or our “Services”), are subject to this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.
Your access and use of our Services are also subject to the Privacy Policy and any terms disclosed and agreed to by you when you purchase additional features, products, or services from BeautyRightBack (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services. We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.
2. Account Eligibility; Your Responsibilities
Before you create an account on BeautyRightBack, please ensure you are eligible to use our Services. This Section also details what you can and cannot do when using the Services, as well as the rights you grant BeautyRightBack.
You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account.
You agree to:
Disclose private or proprietary information that you do not have the right to disclose;
3. Content
Understanding Your Rights and Responsibilities You are responsible for the content you provide on our marketplace and must adhere to the following rules.
3a. Your Content
3b. Content of Others
3c. Our Content
3d. Prohibited Content
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
BeautyRightBack reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
4. PRIVACY
Your privacy is important to us. Please review our Privacy Policy to understand how BeautyRightBack and its affiliates collect, use, and share your personal data. By using our Services, you consent to our use of your personal data as outlined in the Privacy Policy.
5. RIGHTS YOU ARE GRANTED BY BeautyRightBack
BeautyRightBack grants you the right to use and enjoy our Services, subject to these Terms.
For as long as you comply with these Terms, BeautyRightBack grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by BeautyRightBack and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
6. RIGHTS YOU GRANT BeautyRightBack
You retain ownership of all content you provide to BeautyRightBack ("Your Content"). By creating an account, you grant BeautyRightBack a worldwide, perpetual, transferable, royalty-free, sub-licensable license to host, store, use, copy, display, reproduce, adapt, modify, and distribute Your Content. This license includes any information you authorize us to access from third-party sources. BeautyRightBack's license is non-exclusive, except for exclusive rights to derivative works created through our Services, such as screenshots featuring Your Content.
BeautyRightBack adheres to the Digital Millennium Copyright Act (DMCA) regarding copyright claims. To protect Your Content, you authorize BeautyRightBack to act on your behalf to prevent unauthorized use by third parties. This includes, but is not limited to, sending DMCA Takedown Notices under 17 U.S.C. § 512(c)(3) if Your Content is used outside our Services. If you believe that any Content from others or our Content infringes on your intellectual property rights, please submit a DMCA Takedown Notice. However, BeautyRightBack is not obligated to take action against third-party use of Your Content.
Your Content remains subject to your rights under applicable laws, including data protection laws if Your Content contains personal information.
In exchange for using our Services, you agree that BeautyRightBack, its affiliates, and third-party partners may display advertisements on our Services. Any feedback or suggestions you provide may be used by BeautyRightBack without compensation.
You also agree that BeautyRightBack may access, preserve, and disclose your account information, including Your Content, if required by law or to: (i) comply with legal processes; (ii) enforce these Terms; (iii) address claims of content rights violations; (iv) respond to customer service requests; or (v) protect the rights and safety of the Company or others.
7. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS
You will have the opportunity to purchase products and services from BeautyRightBack. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel, please refer to 8a) and 8c) for more information on billing and refunds.
BeautyRightBack may offer products and services for purchase through iTunes, Google Play or other external services authorized by BeautyRightBack (each, an "External Service," and any purchases made thereon, an "External Service Purchase"). BeautyRightBack may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App ("Internal Purchases"). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9.
BeautyRightBack operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.
8. BILLING AND PAYMENTS
8a. BILLING AND PAYMENTS
Billing
Subscription Cycle. When you sign up and purchase your BeautyRightBack subscription, your first Subscription Cycle will be billed immediately. Unless we expressly communicate otherwise, for example, with annual commitment plans, your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we'll make adjustments to the amounts we charge, as appropriate). You will be billed using the payment method listed in your BeautyRightBack account (your "Payment Method"). We may use a third-party payment processor ("Payment Processor") to handle these transactions. Payments will be processed according to the Payment Processor's terms, conditions, and privacy policies, in addition to our Terms. We are not responsible for any errors made by the Payment Processor.
If BeautyRightBack does not receive payment, you will lose access to your membership until you pay any outstanding amounts.You can update your payment details in your account settings.
8b. Internal Purchases & Subscriptions
By purchasing a Subscription, you agree that your Subscription will automatically renew at the end of the initial term for successive periods of the same duration as the initial Subscription term, unless you cancel your Subscription before the end of the current term.
Internal purchases, including subscriptions and any additional services, are processed using the Payment Method you provide on the Website or Application. This includes purchases made directly through the Google Play Store and Apple App Store.
Subscription Terms:
Managing Subscriptions:
Handling Payment Issues:
8c. Refunds
BeautyRightBack generally does not offer refunds for subscription plans or licenses. All subscription plans automatically renew at the end of each billing period unless canceled in accordance with our Cancellation Policy. To avoid additional charges, you must cancel your subscription before the end of the current billing period. Upon cancellation, automatic payments will stop, and access to paid services will end at the start of the next billing cycle. You will continue to have access to all membership benefits until the end of the current billing period. BeautyRightBack does not provide refunds for any used or partially used services.
Refunds are not available for any purchases, and all transactions are final, except where required by law.
For any requests for refunds, please contact us via email at info@beautyrightback.com or follow the instructions provided on our platform.
8d. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS
Subscription Fee: The fee for a BeautyRightBack Subscription is disclosed during the enrollment process or within the BeautyRightBack app (the "Subscription Fee"). The Subscription Fee is non-refundable except as expressly outlined in these Terms or as required by applicable law. Partial refunds are not provided unless permitted at BeautyRightBack's sole discretion.
Additional Fees: BeautyRightBack collects sales tax on taxable memberships, and other products. Prices shown do not reflect any federal, state, or local taxes. Taxes will be reflected during checkout based on the location and product. BeautyRightBack collects payment processing fees and these will be reflected in the checkout based on the membership pricing.
Price Changes: BeautyRightBack may modify the price of any Subscription Plan, including recurring Subscription Fees, late fees, and no-show fees. We will notify you in advance if there is an increase in the amount due from you. If you do not cancel your Subscription after a price change takes effect, you accept the new price. If you disagree with the price change, you have the option to unsubscribe before the new price becomes effective.
Billing Errors: We reserve the right to correct any material errors, inaccuracies, or omissions in Subscription offers. If such an error results in a disadvantage to you, we will notify you and provide corrected information before processing any charges.
Access and Subscription Plans: You can access our Platform and create a BeautyRightBack account free of charge. To use facilities or Services offered through Third Party Providers, you must select and enroll in a Subscription Plan via the BeautyRightBack app. Subscription levels grant access to Third Party Providers and booking Services according to your plan. Information on upgrading or downgrading your Subscription can be found in your account settings on the Platform. BeautyRightBack reserves the right to add or remove Third Party Providers from Subscription Plans at our discretion without prior notice.
If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until canceled or terminated.
Booking Availability and Allocation.
Booking is subject to the availability of the salon. Monthly subscribers can book up to two appointments at a time, and can only book more appointments after both existing bookings have been completed. Annual subscribers can book up to three appointments at a time, and can only book more appointments after all three existing bookings have been completed. You will not be able to make any new bookings until you have completed the existing bookings. Some services cannot be repeated for a minimum period in the interest of ensuring that you are not at risk of any health violations You can find more information about this here.
Booking availability may differ among different service providers and BeautyRightBack does not guarantee the availability of particular venues. Some services have a waiting period before they can be rebooked to adhere to health and safety best practices.
External Service Purchases: Purchases made through External Services, such as Apple ID or Google Play, will be processed in accordance with the terms disclosed at the time of purchase and the general terms applicable to your External Service Account. External Services may apply sales tax based on your location, which can change over time. Subscriptions purchased via External Services automatically renew until you cancel.
8e. FREE TRIAL OR PROMOTION:
BeautyRightBack occasionally offers free trials or other promotional offers, which are subject to these Terms unless otherwise specified. By providing your payment details when enrolling in a free trial, YOU AUTHORIZE BEAUTYRIGHTBACK TO CHARGE THE SUBSCRIPTION FEE TO YOUR DESIGNATED PAYMENT METHOD AT THE END OF THE TRIAL PERIOD. Eligibility for a free trial or promotion is determined at BeautyRightBack's sole discretion. To avoid being billed, you must cancel at least 48 hours before the trial ends or within the time frame specified in your promotional offer. Cancellation can be done by logging into the platform and following the instructions under the settings. IF YOU DO NOT CANCEL WITHIN THE SPECIFIED TIME, YOUR PAYMENT METHOD WILL BE CHARGED THE SUBSCRIPTION FEE WHEN THE TRIAL CONCLUDES.
8f. Cancellation of Bookings
As a BeautyRightBack user, all bookings must be made in your account. All changes and cancellations must be made in your account. Any changes or cancellations must be made no later than 24 hours from your appointment.
8g. Late Cancellation or No Show
A "Late Cancellation" occurs when you cancel an appointment after the specified cancellation period has ended. A "No Show" refers to failing to attend and check in for your scheduled appointment or arriving over 5 minutes after the appointment starts. Both Late Cancellations and No Shows may result in forfeiting your appointment with another Third Party Provider for that day. Additionally, we may impose a fee or apply other penalties, which may include, but are not limited to, restrictions on your Subscription, such as temporarily blocking your ability to book apply other penalties, which may include, but are not limited to, restrictions on your Subscription, such as temporarily blocking your ability to book additional classes or sessions. FEES AND PENALTIES MAY VARY AND WILL BE COMMUNICATED TO YOU IN ADVANCE OF ANY CHARGES OR PENALTIES BEING APPLIED.
9. ACCOUNT TERMINATION
You can delete your account at any time by logging into the Website or App, navigating to "Settings," and following the instructions to disable or delete your account. However, it is your responsibility to manage or cancel any External Service Purchases (e.g., through the Apple App Store or Google Play Store) directly through your External Service Account to prevent further billing. BeautyRightBack does not issue refunds for any used or partially used services.
BeautyRightBack reserves the right to investigate, suspend, or terminate your account without issuing a refund if we determine that you have violated these Terms, misused our Services, or engaged in conduct that is deemed inappropriate, fraudulent, or unlawful, whether on or off our platform. We may enforce these Terms through any available means, including personal, technological, or legal measures, without liability or prior notice. This may include, but is not limited to, restricting access to our Services.
In the event of account termination by you or BeautyRightBack, these Terms will remain in full effect and continue to govern your relationship with BeautyRightBack. No refunds will be issued for purchases made prior to termination. Your data will be handled in accordance with our Privacy Policy, which details the procedures for maintaining and deleting your information.
10. SALON LISTING & ELIGIBILITY REQUIREMENTS
Eligibility. In order to be eligible to list your services on the Site, each salon represents and warrants that:
All Salon requirements are clearly presented in the Salon Master Service Agreement.
NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
BeautyRightBack does not perform criminal background checks or identity verifications on users. You acknowledge that BeautyRightBack makes no representations regarding the conduct, identity, or intentions of users. BeautyRightBack reserves the right to conduct background checks using public records and to use consumer reports if necessary.
You are responsible for your interactions with salons. Always exercise caution and follow sensible safety precautions when communicating with or visiting salons. BeautyRightBack is not liable for the actions of salons or other users.
11. DISCLAIMER
BEAUTYRIGHTBACK MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING OUR SERVICES, INCLUDING ALL CONTENT AND FEATURES. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, OR NON-INFRINGEMENT. BEAUTYRIGHTBACK DOES NOT GUARANTEE THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS WILL BE DISCOVERED OR CORRECTED, OR (C) THE CONTENT OR INFORMATION YOU OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR SUITABLE FOR YOUR PURPOSES.
FURTHERMORE, BEAUTYRIGHTBACK MAKES NO GUARANTEES REGARDING THE NUMBER OF ACTIVE USERS, THEIR WILLINGNESS TO COMMUNICATE OR MEET, OR THE CONDUCT OF USERS YOU MAY ENCOUNTER THROUGH OUR SERVICES.
BEAUTYRIGHTBACK ASSUMES NO RESPONSIBILITY FOR CONTENT POSTED, SENT, OR RECEIVED BY YOU, OTHER USERS, OR THIRD PARTIES THROUGH OUR SERVICES. WE DO NOT ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS OR THIRD PARTIES YOU MAY INTERACT WITH. MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OUR SERVICES IS DONE AT YOUR OWN RISK. BEAUTYRIGHTBACK IS NOT RESPONSIBLE FOR DAMAGE TO YOUR EQUIPMENT OR TECHNOLOGY ARISING FROM ANY SECURITY BREACH, VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, NETWORK FAILURE, OR OTHER TECHNICAL OR OTHER DISRUPTION.
12. ADS AND THIRD-PARTY CONTENT
Like many subscription-based services, our websites may display advertisements. Our Services can include ads and promotions from third parties, as well as links to external websites or resources. BeautyRightBack is not responsible for the availability or content of these external sites or resources. Additionally, BeautyRightBack does not endorse or take responsibility for any products or services offered by third parties. If you choose to interact with these third parties, their terms will govern your relationship with them, and BeautyRightBack will not be liable for their actions or terms.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL BEAUTYRIGHTBACK RELEASEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF BeautyRightBack HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BeautyRightBack RELEASEES' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
BEAUTYRIGHTBACK RELEASEES' LIABILITY TO YOU IS LIMITED TO $50 USD (OR THE LOCAL EQUIVALENT THEREOF) OR THE AMOUNTS, IF ANY, PAID BY YOU TO BEAUTYRIGHTBACK UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER BEAUTYRIGHTBACKRELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. ELECTRONIC SIGNATURES AND AGREEMENTS
You acknowledge and agree that by clicking on the button labeled "CONFIRM PURCHASE," "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by BeautyRightBack to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY BeautyRightBack. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
15. ARBITRATION AGREEMENT
PLEASE READ THE FOLLOWING CAREFULLY:
a) Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and BeautyRightBack Releasees. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. Please read this Arbitration Agreement carefully. It provides that all disputes between you and BeautyRightBack Releasees shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney's fees).
The term "Dispute" means any dispute, claim, or controversy between you and BeautyRightBack Releasees regarding any aspect of your relationship with BeautyRightBack Releasees, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT. Notwithstanding the foregoing, either you or BeautyRightBack Releasees may elect to bring an individual action in small claims court provided, however, that if the case is subsequently removed from small claims court it will be subject to the procedures set out herein.
b) Pre-Arbitration Dispute Resolution. Before initiating any Dispute, whether in court or arbitration, you must first give BeautyRightBack Releasees an opportunity to resolve the Dispute by mailing written notification (hereinafter, a "Pre-Arbitration Demand") to BeautyRightBack Releasees - Pre-Arbitration Demand, Attention: Legal Department, 447 Sutter St, San Francisco,California 94108, USA. A Pre-Arbitration Demand is valid only if it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. That Pre-Arbitration Demand must include (1) your name, (2) your telephone number, email address, residential address, and mailing address, if different than your residential address, (3) a written description of the Dispute, (4) a description of the specific relief you seek, including whatever amount of money is demanded and the means by which you calculated the claimed damages, and (5) your signature.
Following your Pre-Arbitration Demand, before you submit a dispute to arbitration, you must engage in good faith in an informal negotiation process, as specified in this paragraph. This informal negotiation must include an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and BeautyRightBack Releasees (the "Conference"). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually attend and participate. BeautyRightBack Releasees will participate in the Conference through one or more representatives, which may include our counsel. Following the informal negotiation, if BeautyRightBack Releasees do not resolve the Dispute to your satisfaction within 60 days after it receives your written notification, you may pursue your Dispute in arbitration.
You agree that compliance with this subsection is a condition precedent to commencing arbitration, and that the arbitration administrator or arbitrator shall dismiss any arbitration filed that does not strictly comply with these informal dispute resolution procedures. Notwithstanding any other provision of this Agreement, the party against whom an arbitration has been filed has the right to seek a judicial declaration in court regarding whether the arbitration should be dismissed for failure to comply with the informal dispute resolution process set forth in this subsection.
c) Arbitration Procedures. If the Dispute is not resolved as provided above in the Pre-Arbitration Claim Resolution section, either you or BeautyRightBack Releasees may initiate arbitration proceedings. The Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement. JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. For Disputes brought as part of mass arbitration, the JAMS Mass Arbitration Procedures and Guidelines will apply. Mass arbitration is defined as 75 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. In the event that this Arbitration Agreement conflicts with the applicable arbitration rules, this Arbitration Agreement shall govern. Under no circumstances will class action procedures or rules apply to the arbitration. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
d) Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e) Authority of the Arbitrator. Except as expressly provided herein, the arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and BeautyRightBack Releasees. Other than as expressly provided in this Arbitration Agreement and the applicable arbitration rules, the Dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and BeautyRightBack Releasees.
f) Location of Arbitration. Arbitration shall take place in New York County, New York, but it may proceed by telephone if you so choose.
g) Payment of Arbitration Fees and Costs. If BeautyRightBack is the party initiating an arbitration against you, BeautyRightBack will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration against BeautyRightBack Releasees, you will be responsible for the applicable initial filing fee. BeautyRightBack will pay both parties' administrative fees.
h) Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or we may serve a written offer of judgement on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party's costs (including all fees paid to the arbitral forum) from the time of the offer.
i) Class Action Waiver. Any Disputes arising out of or relating to your use of the Site and/or attendance at, participation in or use of Offerings, any purchase you make on or through the Site, any information you provide via the Site, and/or these Terms (including the formation, performance, or alleged breach), shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action). Neither you, nor any other Member of BeautyRightBack Releasees and/or user of BeautyRightBack Releasees' services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and BeautyRightBack Releasees and is non-severable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against BeautyRightBack Releasees in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
j) Severability. If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.
k) Continuation. This Arbitration Agreement shall survive the termination of your contract with BeautyRightBack and your use of the BeautyRightBack Site, Offerings, and services
16. GOVERNING LAW
To the fullest extent allowable by law, the laws of Delaware, USA, without regard to its conflict of laws rules, shall govern any Dispute arising out of or relating to this Agreement or our Services. For users residing outside of the United States, this choice of Delaware law shall not override any mandatory consumer protection laws in the jurisdiction where you resided at the time you accepted this Agreement. However, the Dispute Resolution Process outlined in Section 15 will be governed by the Federal Arbitration Act.
17. INDEMNITY BY YOU
To the fullest extent permitted by applicable law, you agree to indemnify and hold BeautyRightBack Releasees, harmless from any claims, actions, suits, costs, expenses, losses, damages, liabilities, including attorneys' fees, arising out of or in connection with your misuse of the Site, Offerings, violation of these Terms, violation of the rights of any other person or entity, issue arising out of you making a reservation for another person or inviting or bringing another person to an Offering, or any breach of your representations, warranties, and covenants set forth in these Terms.
18. ENTIRE AGREEMENT
This Agreement supersedes all prior agreements or representations. These Terms, along with the Privacy Policy, and any Additional Terms Upon Purchase, constitute the entire agreement between you and BeautyRightBack regarding your use of our Services. They replace any prior agreements, representations, or arrangements, whether written or oral, between us. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to be in full force and effect. The failure of BeautyRightBack to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Your BeautyRightBack account is non-transferable, and all rights to your account and its content terminate upon your death, unless otherwise required by law. Rights and licenses granted under these Terms cannot be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary, or other special relationship is created by these Terms, and you may not make any representations or bind BeautyRightBack in any way.
19. SPECIAL STATE TERMS
California Subscribers: You may cancel your subscription in accordance with our refund policy. If you subscribed through an External Service (e.g., Apple ID, Google Play), you must cancel through that External Service, as detailed in Section 8a. For subscriptions made via Apple ID, refunds are processed by Apple, not BeautyRightBack. You can request a refund from Apple through your Apple ID account on your phone or at Apple Support. If you subscribed via Google Play, refunds are handled by Google, not BeautyRightBack. You can request a refund from Google Play through your Google Play account on your device or at Google Play Help.
Special Terms: