PACT Bodycare Terms of Use
Last Updated Date: June 14, 2021
PLEASE READ THIS BINDING LEGAL AGREEMENT CAREFULLY. Beauty Expert Exchange,
LLC (“PACT Bodycare,” “Company” “we”, or “us”) provides a website and online
shopping platform that allows users to buy various items. The PACT Bodycare website is
located at https://www.pactbodycare.com (collectively, the “Website,” and the Website,
together with any products and services provided by PACT Bodycare, the “Service”).
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY.
THIS WEBSITE AND THE INFORMATION ON IT ARE CONTROLLED BY PACT BODYCARE.
THESE TERMS OF USE GOVERN THE USE OF THE WEBSITE AND APPLY TO ALL
INTERNET USERS VISITING THE WEBSITE BY ACCESS OR USING THE WEBSITE IN ANY
WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA
THE WEBSITE. COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE
WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO
BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING
CONTRACT WITH PACT BODYCARE, AND (3) YOU HAVE THE AUTHORITY TO ENTER
INTO THE TERMS OF USE PERSONALLY. THE TERM “YOU” or “USER(S)” REFERS TO
THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN
YOU’RE REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE
TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
SECTION 14 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES
MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS
ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN
COURT. SEE SECTION 14 FOR MORE INFORMATION REGARDING THIS ARBITRATION
CLAUSE, AND HOW TO OPT OUT.
PLEASE BE AWARE THAT SECTION 1.4 OF THESE TERMS, BELOW, CONTAINS YOUR
OPT-IN CONSENT TO RECEIVE CERTAIN COMMUNICATIONS FROM US, INCLUDING
VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.
Your use of, and participation in, certain Services may be subject to additional terms
(“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms
of Use or will be presented to you for your acceptance when you sign up to use the
supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms,
the Supplemental Terms shall control with respect to such Service. The Terms of Use
and any applicable Supplemental Terms are referred to herein as the “Terms.”
Subject to Section 14.9 of these Terms, PACT Bodycare reserves the right to modify
these Terms or its policies relating to the Services at any time, effective upon posting of
an updated version of these Terms on the applicable Services. You should regularly
review the Terms, as your continued use of the Services after any such changes
constitutes your agreement to such changes.
Our Website is hosted on Shopify Inc. They provide us with the online e-commerce
platform that allows us to sell our products and services to you. By using our Service, you
1.
will be subject to and should also review any Shopify Inc. terms of use and related
policies.
1.Use of the Services and PACT Bodycare Properties. The Website, the Services, and
the information and content available on the Website and the Services (as these terms are
defined herein) (collectively, the “PACT Bodycare Properties”) are protected by
copyright laws throughout the world. Subject to the Terms, PACT Bodycare grants you a
limited license to reproduce portions of PACT Bodycare Properties for the sole purpose of
using the Services for your personal or internal business purposes. Unless otherwise
specified by PACT Bodycare in a separate license, your right to use any PACT Bodycare
Properties is subject to the Terms.
1.1Updates. You understand that PACT Bodycare Properties are evolving. As a result,
PACT Bodycare may require you to accept updates to PACT Bodycare Properties that you
have installed on your computer or mobile device. You acknowledge and agree that PACT
Bodycare may update PACT Bodycare Properties with or without notifying you. You may
need to update third-party software from time to time in order to use PACT Bodycare
Properties.
1.2Certain Restrictions. The rights granted to you in the Terms are subject to the
following restrictions: (a) you shall not license, sell, resell, upload, use, copy, rent, lease,
lend, transfer, assign, reproduce, distribute, host or otherwise commercially exploit PACT
Bodycare Properties or any portion of PACT Bodycare Properties, including the Website,
(b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or
other PACT Bodycare Properties (including images, text, page layout or form) of PACT
Bodycare, or use the PACT Bodycare Properties in any way that might confuse, misdirect,
or misrepresent its source, or sponsorship or affiliation thereof or therewith; (c) you shall
not use any metatags or other “hidden text” using PACT Bodycare’s name or trademarks;
(d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble,
decompile, reverse compile or reverse engineer any part of PACT Bodycare Properties
except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(e) you shall not use any manual or automated software, devices or other processes
(including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools
or the like) to access, monitory, copy or use the PACT Bodycare Properties, interfere with
product inventory or availability, or place or take preparatory steps to place orders for
products, goods or services, or “scrape” or download data from any web pages contained
in the Website (except that we grant the operators of public search engines revocable
permission to use spiders to copy materials from the Website for the sole purpose of and
solely to the extent necessary for creating publicly available searchable indices of the
materials, but not caches or archives of such materials); (f) you shall not access PACT
Bodycare Properties in order to build a similar or competitive website, application or
service; (g) except as expressly stated herein, no part of PACT Bodycare Properties may
be copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means; (h) you shall not take any action that imposes
any unreasonable or disproportionately large load on the PACT Bodycare Properties; (i)
you shall not take any action in connection with your use of the PACT Bodycare
Properties which violates any applicable local, state, national or international law, rule,
regulation or order of any court in conjunction with your use thereof; (j) you shall not
2.
otherwise use the PACT Bodycare Properties for any unlawful or abusive purposes,
including, but not limited to, the violation of any intellectual property rights (whether
belonging to PACT Bodycare or third parties) and the posting or distribution of any
“harmful” or “malicious” code or programming devices (e.g., viruses, malware,
ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling
devices) or any other similar software or programs that may adversely affect the
operation of the Services or any other software, hardware, network or other technology
(collectively, “Malicious Code”); and (k) you shall not remove or destroy any copyright
notices or other proprietary markings contained on or in PACT Bodycare Properties. Any
future release, update or other addition to PACT Bodycare Properties shall be subject to
the Terms. PACT Bodycare, its suppliers and service providers reserve all rights not
granted in the Terms. Any unauthorized use of PACT Bodycare Properties terminates the
licenses granted by PACT Bodycare pursuant to the Terms.
1.3Third-Party Materials. As a part of PACT Bodycare Properties, you may have access
to materials that are hosted by another party. You agree that it is impossible for PACT
Bodycare to monitor such materials and that you access these materials at your own risk.
1.4PACT Bodycare Communications. By entering into these Terms or using the PACT
Bodycare Properties, you agree to receive communications from us, including via e-mail,
text message, calls, and push notifications. You agree that texts, calls or prerecorded
messages may be generated by automatic telephone dialing systems. Communications
from us may include but are not limited to: operational communications concerning your
Account or the use of the PACT Bodycare Properties, updates concerning new and
existing features on the PACT Bodycare Properties. Standard text messaging charges
applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH
TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR
PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE
PROMOTIONAL EMAIL ITSELF. WE WILL NOT SEND YOU PROMOTIONAL TEXTS OR
MAKE PROMOTIONAL CALLS TO YOU UNLESS YOU SEPARATELY PROVIDE US WITH
OPT-IN CONSENT. ONCE YOU PROVIDE US WITH OPT-IN CONSENT, IF YOU WISH TO
OPT OUT OF PROMOTIONAL TEXTS OR CALLS, YOU MAY TEXT “END” TO NUMBER
LISTED ON THE MESSAGES RECEIVED FROM THE MOBILE DEVICE RECEIVING THE
MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO
RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE PACT
BODYCARE PROPERTIES OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL
TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR
CALLS), YOU CAN TEXT THE WORD “STOPALL” TO NUMBER LISTED ON THE
MESSAGES RECEIVED_] FROM THE MOBILE DEVICE RECEIVING THE MESSAGES.
HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY
IMPACT YOUR USE OF THE PACT BODYCARE PROPERTIES OR RELATED SERVICES.
2.Registration.
2.1Registering Your Account. In order to access certain features of PACT Bodycare
Properties you may be required to become a Registered User. For purposes of the Terms,
a “Registered User” is a User who has registered an account on the Website
(“Account”).
3.
2.2Registration Data. In registering an account on the Website, you agree to (1) provide
true, accurate, current and complete information about yourself as prompted by the
registration form (the “Registration Data”); and (2) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. You represent that you
are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3)
not a person barred from using PACT Bodycare Properties under the laws of the United
States, your place of residence or any other applicable jurisdiction. You are responsible
for all activities that occur under your Account. You agree that you shall monitor your
Account to restrict use by minors, and you will accept full responsibility for any
unauthorized use of PACT Bodycare Properties by minors. If you provide any information
that is untrue, inaccurate, not current or incomplete, or PACT Bodycare has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
PACT Bodycare has the right to suspend or terminate your Account and refuse any and all
current or future use of PACT Bodycare Properties (or any portion thereof). You agree
not to create an Account using a false identity or information, or on behalf of someone
other than yourself. You agree not to create an Account or use PACT Bodycare
Properties if you have been previously removed by PACT Bodycare, or if you have been
previously banned from any of PACT Bodycare Properties.
2.3Your Account. Notwithstanding anything to the contrary herein, you acknowledge and
agree that you shall have no ownership or other property interest in your Account, and
you further acknowledge and agree that all rights in and to your Account are and shall
forever be owned by and inure to the benefit of PACT Bodycare.
2.4Necessary Equipment and Software. You must provide all equipment and software
necessary to connect to PACT Bodycare Properties, including but not limited to, a mobile
device that is suitable to connect with and use PACT Bodycare Properties, in cases where
the Services offer a mobile component. You are solely responsible for any fees, including
Internet connection or mobile fees, that you incur when accessing PACT Bodycare
Properties. By providing your cellphone number and using the Services, you hereby
affirmatively consent to our use of your cellphone number for calls and texts in order to
perform and improve upon the Services. PACT Bodycare will not assess and charge for
any calls or texts, but standard message charges or other charged from your wireless
carrier may apply. You may opt out of receiving text messages from us by emailing
info@pactbodycare.com.
3.Ownership.
3.1PACT Bodycare Properties. Except with respect to any content you may post and
any content a User may post, you agree that PACT Bodycare and its suppliers own all
rights, title and interest in PACT Bodycare Properties. You will not remove, alter or
obscure any copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Website, the Services, or PACT Bodycare
Properties.
3.2Trademarks. PACT Bodycare and other related graphics, logos, service marks and
trade names used on or in connection with PACT Bodycare Properties or in connection
with the Services are the trademarks of PACT Bodycare and may not be used without
permission in connection with any third-party products or services. Other trademarks,
4.
service marks and trade names that may appear on or in PACT Bodycare Properties are
the property of their respective owners.
3.3Other Content. Except with respect to any content that you may post, you agree that
you have no right or title in or to any content that appears on or in PACT Bodycare
Properties.
3.4License to Your Content. Subject to any applicable account settings that you select,
you grant PACT Bodycare a fully paid, royalty-free, perpetual, irrevocable, worldwide,
royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and
license to use, license, distribute, reproduce, modify, adapt, publicly perform, and
publicly display, any content you may post (in whole or in part) for the purposes of
operating and providing PACT Bodycare Properties to you and to our other Users. Please
remember that other Users may search for, see, use, modify and reproduce any of the
content you may post that you submit to any “public” area of PACT Bodycare Properties.
You warrant that the holder of any worldwide intellectual property right, including moral
rights, in any content you may post, has completely and effectively waived all such rights
and validly and irrevocably granted to you the right to grant the license stated above.
You agree that you, not PACT Bodycare, are responsible for all of the content you may
post on or in PACT Bodycare Properties.
3.5Username. Notwithstanding anything contained herein to the contrary, by submitting
any of your content to any forums, comments or any other area on PACT Bodycare
Properties, you hereby expressly permit PACT Bodycare to identify you by your username
(which may be a pseudonym), if applicable, as the contributor of your content in any
publication in any form, media or technology now known or later developed in connection
with your content.
3.6Feedback. You agree that submission of any ideas, suggestions, documents, and/or
proposals to PACT Bodycare through its suggestion, feedback, wiki, forum or similar
pages (“Feedback”) is at your own risk and that PACT Bodycare has no obligations
(including without limitation obligations of confidentiality) with respect to such Feedback.
You represent and warrant that you have all rights necessary to submit the Feedback.
You hereby grant to PACT Bodycare a fully paid, royalty-free, perpetual, irrevocable,
worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce,
perform, display, distribute, adapt, modify, re-format, create derivative works of, and
otherwise commercially or non-commercially exploit in any manner, any and all Feedback,
and to sublicense the foregoing rights, in connection with the operation and maintenance
of PACT Bodycare Properties.
3.7Ratings and Reviews. Ratings and reviews posted by Users on our Services are User
Content that is not endorsed by PACT Bodycare and does not represent the views of
PACT Bodycare. PACT Bodycare does not assume liability for ratings and reviews or for
any claims for economic loss resulting from such ratings and reviews. Because we expect
Users to maintain a high level of integrity with respect to ratings and reviews posted
through the Services, you agree: (i) to base any rating or review you post only on your
first-hand experience with the applicable institution, business, product, or service; (ii) you
will not provide a rating or review for any institution, business, product, or service with
respect to which you have a competitive, ownership or other economic interest or
5.
employment relationship; (iii) you will not submit a rating or review in exchange for
payment or other benefits from any individual or entity; and (iv) your review will comply
with the terms of this Agreement. If we determine, in our sole discretion, that any rating or
review could diminish the integrity of the ratings and reviews, we may exclude such User
Content without notice.
4.User Conduct. As a condition of use, you agree not to use PACT Bodycare Properties
for any purpose that is prohibited by the Terms or by applicable law. You shall not (and
shall not permit any third party) either (a) take any action or (b) Make Available any
Content on or through PACT Bodycare Properties that: (i) infringes any patent, trademark,
trade secret, copyright, right of publicity or other right of any person or entity; (ii) is
unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial
activities and/or sales without PACT Bodycare’s prior written consent, such as contests,
sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or
entity, including any employee or representative of PACT Bodycare; (vi) interferes with or
attempt to interfere with the proper functioning of PACT Bodycare Properties or uses
PACT Bodycare Properties in any way not expressly permitted by the Terms; or (vii)
attempts to engage in or engage in, any potentially harmful acts that are directed against
PACT Bodycare Properties, including but not limited to violating or attempting to violate
any security features of PACT Bodycare Properties, using manual or automated software
or other means to access, “scrape,” “crawl” or “spider” any pages contained in PACT
Bodycare Properties, introducing viruses, worms, or similar harmful code into PACT
Bodycare Properties, or interfering or attempting to interfere with use of PACT Bodycare
Properties by any other user, host or network, including by means of overloading,
“flooding,” “spamming,” “mail bombing,” or “crashing” PACT Bodycare Properties.
5.Investigations. PACT Bodycare may, but is not obligated to, monitor or review PACT
Bodycare Properties and content at any time. Without limiting the foregoing, PACT
Bodycare shall have the right, in its sole discretion, to remove any of the content you may
post for any reason (or no reason), including if such content violates the Terms or any
applicable law. Although PACT Bodycare does not generally monitor user activity
occurring in connection with PACT Bodycare Properties or content, if PACT Bodycare
becomes aware of any possible violations by you of any provision of the Terms, PACT
Bodycare reserves the right to investigate such violations, and PACT Bodycare may, at its
sole discretion, immediately terminate your license to use PACT Bodycare Properties, or
change, alter or remove any content you may post, in whole or in part, without prior notice
to you.
6.Third-Party Services. PACT Bodycare Properties may contain links to third-party
websites (“Third-Party Websites”) and advertisements for third parties (“Third-Party
Ads”). When you click on a link to a Third-Party Website or Third-Party Ad, we will not
warn you that you have left PACT Bodycare Properties and are subject to the terms and
conditions (including privacy policies) of another website or destination. Such Third-
Party Websites and Third-Party Ads are not under the control of PACT Bodycare. PACT
Bodycare is not responsible for any Third-Party Websites or Third-Party Ads. PACT
Bodycare provides these Third-Party Websites and Third Party Ads only as a convenience
6.
and does not review, approve, monitor, endorse, warrant, or make any representations
with respect to Third-Party Websites or Third-Party Ads, or their products or services.
You use all links in Third-Party Websites and Third-Party Ads at your own risk. When you
leave our Website, our Terms and policies no longer govern. You should review
applicable terms and policies, including privacy and data gathering practices, of any
Third-Party Websites, and should make whatever investigation you feel necessary or
appropriate before proceeding with any transaction with any third party.
7.Fees and Purchase Terms.
7.1General Purpose of Terms. The purpose of the Terms is for you to secure access to
the Services. All fees set forth within and paid by you under the Terms shall be
considered solely in furtherance of this purpose.
7.2Payment. You agree to pay all fees or charges to your Account in accordance with the
fees, charges and billing terms in effect at the time a fee or charge is due and payable.
You must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by
us) to Shopify, our third party payment provider (“Payment Provider”) in order to
purchase products and to use certain Services. Your credit card provider agreement
governs your use of the designated credit card, and the terms and conditions on the
website of the Payment Provider governs your use of its website, and you must refer to
the respective agreement or terms and conditions, and not the Terms, to determine your
rights and liabilities. By providing to Shopify, on behalf of PACT Bodycare, with your
credit card number and associated payment information, you agree that PACT Bodycare
is authorized to immediately invoice your Account for all fees and charges due and
payable to PACT Bodycare hereunder and that no additional notice or consent is required.
You agree to immediately notify PACT Bodycare of any change in your billing address or
the credit card used for payment hereunder. PACT Bodycare reserves the right at any
time to change its prices and billing methods, either immediately upon posting on PACT
Bodycare Properties or by e-mail delivery to you. All sales are final and, except as
provided in our refund policy available at , PACT Bodycare will not issue refunds or accept
returns.
7.3 Discounts and Promo Codes. We may, in our sole discretion, create discounts
and promotional codes that may be redeemed for credit in your Account, or other
features or benefits, subject to any additional terms that we establish on a per
promotional code basis (“Promo Codes”). Promo Codes may only be used once
per person. Only Promo Codes sent to you through official PACT Bodycare
communications channels are valid. You agree that Promo Codes: (i) must be used
for the intended audience and purpose, and in a lawful manner; (ii) may not be
duplicated, sold, or transferred in any manner, or made available to the general
public (whether posted to a public forum or otherwise), unless expressly permitted
by us; (iii) may be disabled by us at any time for any reason without liability to us;
(iv) may only be used pursuant to the specific terms that we establish for such
Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.
7.4Orders. We reserve the right to refuse any order you place with us, including if: (i) we
discover an error in pricing and/or other information about the products or receive
insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an
7.
order has been placed using stolen payment card information or otherwise appears to be
connected to fraud, or (iii) the ordered product is unavailable due to discontinuance or
otherwise. We may, in our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders placed by or under the
same customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an order, we
may attempt to notify you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
7.5Products or Services. Certain products or services may be available exclusively
online through the Website. These products or services may have limited quantities and
are subject to our return, exchange, and refund policies available at https://
pactbodycare.com/pages/refund-policy. We have made every effort to display as accurately
as possible the colors and images of our products that appear on the Website. We cannot
guarantee that your computer monitor's display of any color will be accurate. We reserve
the right, but are not obligated, to limit the sales of our products or services to any
person, geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or services that we
offer. All descriptions of products or product pricing are subject to change at any time
without notice, at our sole discretion. We reserve the right to discontinue any product at
any time. Any offer for any product or service made on this Website is void where
prohibited.
7.6Taxes. PACT Bodycare’s fees are net of any applicable Sales Tax. If any Services, or
payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction
and you have not remitted the applicable Sales Tax to PACT Bodycare, you will be
responsible for the payment of such Sales Tax and any related penalties or interest to the
relevant tax authority, and you will indemnify PACT Bodycare for any liability or expense
we may incur in connection with such Sales Taxes. Upon our request, you will provide us
with official receipts issued by the appropriate taxing authority, or other such evidence
that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall
mean any sales or use tax, and any other tax measured by sales proceeds, that PACT
Bodycare is permitted to pass to its customers, that is the functional equivalent of a sales
tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
7.7Withholding Taxes. You agree to make all payments of fees to PACT Bodycare free
and clear of, and without reduction for, any withholding taxes. Any such taxes imposed
on payments of fees to PACT Bodycare will be your sole responsibility, and you will
provide PACT Bodycare with official receipts issued by the appropriate taxing authority,
or such other evidence as we may reasonably request, to establish that such taxes have
been paid.
7.8Disputes. You must notify us in writing within seven (7) days after receiving your
credit card statement, if you dispute any of our charges on that statement or such dispute
will be deemed waived. Billing disputes should be notified to the following address:
info@pactbodycare.com.
8.
7.9Third Party Provider. Shopify, Inc. (“Shopify”) provides PACT Bodycare’s payment
services, and is PACT Bodycare’s third party service provider (e.g., card acceptance,
merchant settlement, and related services). By buying the PACT Bodycare Properties,
you agree to be bound by Shopify’s Privacy Policy: https://www.shopify.com/legal/privacy
and hereby consent and authorize the PACT Bodycare and Shopify to share any
information and payment instructions you provide with Third Party Service Provider(s) to
the minimum extent required to complete your transactions.
7.10Shipping. PACT Bodycare currently ships only to locations within the 50 United
States. PACT Bodycare will use commercially reasonable efforts to meet any shipment
schedules set forth on the Services. However, any shipment date or forecast provided by
PACT Bodycare is only an estimate of the time required to make shipment. Unless
otherwise agreed to by PACT Bodycare, all items will be shipped by PACT Bodycare, or its
designated representative, in the PACT Bodycare’s standard packaging using a delivery
service specified by PACT Bodycare.
8.Indemnification. You agree to indemnify and hold PACT Bodycare, its parents,
subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively,
the “PACT Bodycare Parties”) harmless from any losses, costs, liabilities and expenses
(including reasonable attorneys’ fees) relating to or arising out of: (a) any content you
may post; (b) your use of, or inability to use, PACT Bodycare Properties; (c) your violation
of the Terms; (d) your violation of any rights of another party, including any Users; or (e)
your violation of any applicable laws, rules or regulations. PACT Bodycare reserves the
right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with
PACT Bodycare in asserting any available defenses. This provision does not require you
to indemnify any of the PACT Bodycare Parties for any unconscionable commercial
practice by such party or for such party’s fraud, deception, false promise,
misrepresentation or concealment, suppression or omission of any material fact in
connection with the Website or any Services provided hereunder. You agree that the
provisions in this section will survive any termination of your Account, the Terms or your
access to PACT Bodycare Properties.
9.Disclaimer of Warranties and Conditions.
9.1As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT
PERMITTED BY APPLICABLE LAW, YOUR USE OF PACT BODYCARE PROPERTIES AND
ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND PACT
BODYCARE PROPERTIES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITH ALL FAULTS. PACT BODYCARE PARTIES EXPRESSLY
DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT ARISING THE PRODUCTS OR SERVICES. THIS
SECTION 9 DOES NOT AFFECT IN ANY WAY OUR RETURN POLICY OR LIMITED
WARRANTY FOR THE PRODUCTS.
(a)PACT BODYCARE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION
THAT: (1) PACT BODYCARE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR
9.
USE OF PACT BODYCARE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF PACT
BODYCARE PROPERTIES WILL BE ACCURATE OR RELIABLE.
(b)ANY CONTENT ACCESSED THROUGH PACT BODYCARE PROPERTIES IS ACCESSED
AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND
ANY DEVICE YOU USE TO ACCESS PACT BODYCARE PROPERTIES, OR ANY OTHER
LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c)THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER
DISRUPTIONS. PACT BODYCARE MAKES NO WARRANTY, REPRESENTATION OR
CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE
QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
(d)NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PACT
BODYCARE OR THROUGH PACT BODYCARE PROPERTIES WILL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
9.2Products Disclaimer. DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT,
SPECIFICATIONS, PRODUCTS, PRICES, AND AVAILABILITY OF ANY PRODUCTS ARE
SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND ON
THE SERVICES. WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE
ATTRIBUTES OF OUR PRODUCTS, INCLUDING THE APPLICABLE COLORS; HOWEVER,
THE ACTUAL COLOR YOU SEE WILL DEPEND ON YOUR COMPUTER SYSTEM, AND WE
CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH
COLORS. THE INCLUSION OF ANY PRODUCTS ON THE SERVICES AT A PARTICULAR
TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT
ANY TIME.
9.3No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT
PACT BODYCARE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD
PACT BODYCARE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING
OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD
PARTIES RESTS ENTIRELY WITH YOU.
9.4No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL
OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF PACT
BODYCARE PROPERTIES. YOU UNDERSTAND THAT PACT BODYCARE DOES NOT MAKE
ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF PACT BODYCARE
PROPERTIES.
10.Limitation of Liability.
10.1Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO
EVENT SHALL PACT BODYCARE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS,
REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH PACT BODYCARE PROPERTIES, OR
DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS
INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR
10.
NOT PACT BODYCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY
COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF PACT
BODYCARE PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE
USE OR INABILITY TO USE PACT BODYCARE PROPERTIES; (2) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH PACT BODYCARE
PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
PACT BODYCARE PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO PACT
BODYCARE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A PACT
BODYCARE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A PACT
BODYCARE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A PACT
BODYCARE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.2Cap on Liability. UNDER NO CIRCUMSTANCES WILL PACT BODYCARE PARTIES BE
LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO
PACT BODYCARE BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT,
OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) THE REMEDY OR
PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES; OR (C) ONE
HUNDRED DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO
LIABILITY OF A PACT BODYCARE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED
BY A PACT BODYCARE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A
PACT BODYCARE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.3Your Content. EXCEPT FOR PACT BODYCARE’S OBLIGATIONS TO PROTECT YOUR
PERSONAL DATA AS SET FORTH IN THE PACT BODYCARE’S PRIVACY POLICY, PACT
BODYCARE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-
DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO,
YOUR CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
10.4Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PACT BODYCARE
AND YOU.
11.Remedies. If PACT Bodycare becomes aware of any possible violations by you of the
Terms, PACT Bodycare reserves the right to investigate such violations. If, as a result of
the investigation, PACT Bodycare believes that criminal activity has occurred, PACT
Bodycare reserves the right to refer the matter to, and to cooperate with, any and all
applicable legal authorities. PACT Bodycare is entitled, except to the extent prohibited by
applicable law, to disclose any information or materials on or in PACT Bodycare
Properties, including any content you may post, in PACT Bodycare’s possession in
connection with your use of PACT Bodycare Properties, to (1) comply with applicable
laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any
claims that the content you may post violates the rights of third parties, (4) respond to
11.
your requests for customer service, or (5) protect the rights, property or personal safety
of PACT Bodycare, its Users or the public, and all enforcement or other government
officials, as PACT Bodycare in its sole discretion believes to be necessary or appropriate.
12.Term and Termination.
12.1Term. The Terms commence on the date when you accept them (as described in the
preamble above) and remain in full force and effect while you use PACT Bodycare
Properties, unless terminated earlier in accordance with the Terms.
12.2Termination of Services by PACT Bodycare. If timely payment cannot be charged
to your Payment Provider for any reason, if you have materially breached any provision of
the Terms, or if PACT Bodycare is required to do so by law (e.g., where the provision of
the Website or the Services is, or becomes, unlawful), PACT Bodycare has the right to,
immediately and without notice, suspend or terminate any Services provided to you.
PACT Bodycare reserves the right to refuse service and/or prohibit or terminate access to
the PACT Bodycare Properties, in whole or in part, for any or no reason, at any time in its
sole discretion, with or without notice to you. Further, your breach of these Terms
may jeopardize your continued use of the PACT Bodycare Properties and may result in the
cancellation of your orders, among other consequences. You agree that all terminations
for cause shall be made in PACT Bodycare’s sole discretion and that PACT Bodycare shall
not be liable to you or any third party for any termination of your Account.
12.3Termination of Services by You. If you want to terminate the Services provided by
PACT Bodycare, you may do so by (a) notifying PACT Bodycare at any time and (b)
closing your Account for all of the Services that you use. Your notice should be sent, in
writing, to PACT Bodycare's address set forth below.
12.4Effect of Termination. Termination of any Service includes removal of access to
such Service and barring of further use of the Service. Termination of all Services also
includes deletion of your password and all related information, files and content
associated with or inside your Account (or any part thereof), including the content you
may post. Upon termination of any Service, your right to use such Service will
automatically terminate immediately. You understand that any termination of Services
may involve deletion of any content you may post associated therewith from our live
databases. PACT Bodycare will not have any liability whatsoever to you for any
suspension or termination, including for deletion of the content you may post. All
provisions of the Terms which by their nature should survive, shall survive termination of
Services, including without limitation, ownership provisions, warranty disclaimers, and
limitation of liability.
13.International Users. PACT Bodycare Properties can be accessed from countries
around the world and may contain references to Services and content that are not
available in your country. These references do not imply that PACT Bodycare intends to
announce such Services or content in your country. PACT Bodycare Properties are
controlled and offered by PACT Bodycare from its facilities in the United States of
America. PACT Bodycare makes no representations that PACT Bodycare Properties are
appropriate or available for use in other locations. Those who access or use PACT
12.
Bodycare Properties from other countries do so at their own volition and are responsible
for compliance with local law.
14.Dispute Resolution. Please read the following arbitration agreement in this
Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes
with PACT Bodycare and limits the manner in which you can seek relief from us.
14.1Applicability of Arbitration Agreement. You agree that any dispute, claim, or
request for relief relating in any way to your access or use of the Website, to any products
sold or distributed through the Website, or to any aspect of your relationship with PACT
Bodycare, will be resolved by binding arbitration, rather than in court, except that (1) you
may assert claims or seek relief in small claims court if your claims qualify; and (2) you or
PACT Bodycare may seek equitable relief in court for infringement or other misuse of
intellectual property rights (such as trademarks, trade dress, domain names, trade
secrets, copyrights, and patents). This Arbitration Agreement shall apply, without
limitation, to all disputes or claims and requests for relief that arose or were
asserted before the effective date of these Terms or any prior version of these
Terms.
14.2Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation
and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you
must send a letter requesting arbitration and describing your claim to our registered
agent at Beauty Expert Exchange, LLC, via email to info@pactbodycare.com. The
arbitration will be conducted by JAMS, an established alternative dispute resolution
provider. Disputes involving claims, counterclaims, or request for relief under $250,000,
not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current
version of the Streamlined Arbitration Rules and procedures available at http://
www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to
JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures,
available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are
also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not
available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator
finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other
fees and cannot obtain a waiver from JAMS, PACT Bodycare will pay them for you. In
addition, PACT Bodycare will reimburse all such JAMS’s filing, administrative, hearing
and/or other fees for disputes, claims, or requests for relief totaling less than $10,000
unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written
submissions, or in person in the country where you live or at another mutually agreed
location. Any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction.
14.3Authority of Arbitrator. The arbitrator shall have exclusive authority to (a)
determine the scope and enforceability of this Arbitration Agreement and (b) resolve any
dispute related to the interpretation, applicability, enforceability or formation of this
Arbitration Agreement including, but not limited to, any assertion that all or any part of
this Arbitration Agreement is void or voidable. The arbitration will decide the rights and
liabilities, if any, of you and PACT Bodycare. The arbitration proceeding will not be
13.
consolidated with any other matters or joined with any other cases or parties. The
arbitrator shall have the authority to grant motions dispositive of all or part of any claim.
The arbitrator shall have the authority to award monetary damages and to grant any non-
monetary remedy or relief available to an individual under applicable law, the arbitral
forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall
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 us.
14.4Waiver of Jury Trial. YOU AND PACT BODYCARE HEREBY WAIVE ANY
CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN
FRONT OF A JUDGE OR A JURY. You and PACT Bodycare are instead electing that all
disputes, claims, or requests for relief shall be resolved by arbitration under this
Arbitration Agreement, except as specified in Section 14.1 above. An arbitrator can award
on an individual basis the same damages and relief as a court and must follow these
Terms as a court would. However, there is no judge or jury in arbitration, and court
review of an arbitration award is subject to very limited review.
14.5Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND
REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST
BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE
BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE
CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF
ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law
precludes enforcement of any of this subsection’s limitations as to a given dispute, claim,
or request for relief, then such aspect must be severed from the arbitration and brought
into the State or Federal Courts located in the State of California. All other disputes,
claims, or requests for relief shall be arbitrated.
14.630-Day Right to Opt Out. You have the right to opt out of the provisions of this
Arbitration Agreement by sending written notice of your decision to opt out to the
following address: Beauty Expert Exchange, LLC, 5416 Fair Avenue, Apt. 6421, North
Hollywood, CA 91601 or e-mailing us at info@pactbodycare.com within 30 days after first
becoming subject to this Arbitration Agreement. Your notice must include your name and
address, your PACT Bodycare username (if any), the email address you used to set up
your PACT Bodycare account (if you have one), and an unequivocal statement that you
want to opt out of this Arbitration Agreement. If you opt out of this Arbitration
Agreement, all other parts of these Terms will continue to apply to you. Opting out of this
Arbitration Agreement has no effect on any other arbitration agreements that you may
currently have, or may enter in the future, with us.
14.7Severability. Except as provided in Section 14.5, if any part or parts of this
Arbitration Agreement are found under the law to be invalid or unenforceable, then such
specific part or parts shall be of no force and effect and shall be severed and the
remainder of the Arbitration Agreement shall continue in full force and effect.
14.
14.8Survival of Agreement. This Arbitration Agreement will survive the termination of
your relationship with PACT Bodycare.
14.9Modification. Notwithstanding any provision in these Terms to the contrary, we
agree that if PACT Bodycare makes any future material change to this Arbitration
Agreement, you may reject that change within thirty (30) days of such change becoming
effective by writing PACT Bodycare at the following address: info@pactbodycare.com.
15.General Provisions.
15.1Electronic Communications. The communications between you and PACT Bodycare
use electronic means, whether you visit PACT Bodycare Properties or send PACT
Bodycare e-mails, or whether PACT Bodycare posts notices on PACT Bodycare Properties
or communicates with you via e-mail. For contractual purposes, you (1) consent to
receive communications from PACT Bodycare in an electronic form; and (2) agree that all
terms and conditions, agreements, notices, disclosures, and other communications that
PACT Bodycare provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were to be in writing. The foregoing does not affect
your statutory rights.
15.2Release. You hereby release PACT Bodycare Parties and their successors from
claims, demands, any and all losses, damages, rights, and actions of any kind, including
personal injuries, death, and property damage, that is either directly or indirectly related
to or arises from your use of PACT Bodycare Properties, including but not limited to, any
interactions with or conduct of other Users or third-party websites of any kind arising in
connection with or as a result of the Terms or your use of PACT Bodycare Properties. If
you are a California resident, you hereby waive California Civil Code Section 1542, which
states, “A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which, if known by him
must have materially affected his settlement with the debtor. The foregoing release does
not apply to any claims, demands, or any losses, damages, rights and actions of any kind,
including personal injuries, death or property damage for any unconscionable commercial
practice by a PACT Bodycare Party or for such party’s fraud, deception, false, promise,
misrepresentation or concealment, suppression or omission of any material fact in
connection with the Website or any Services provided hereunder.
15.3Assignment. The Terms, and your rights and obligations hereunder, may not be
assigned, subcontracted, delegated or otherwise transferred by you without PACT
Bodycare’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void.
15.4Force Majeure. PACT Bodycare shall not be liable for any delay or failure to perform
resulting from causes outside its reasonable control, including, but not limited to, acts of
God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods,
accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If a Force Majeure event occurs that affects PACT Bodycare’s performance of its
obligations under these Terms: (a) PACT Bodycare will contact you as soon as reasonably
possible to notify you; and (b) PACT Bodycare’s obligations under these Terms will be
suspended and the time for PACT Bodycare’s performance of its obligations will be
15.
extended for the duration of the Force Majeure event. You may cancel the Services
affected by a Force Majeure event which has continued for more than 30 days. To cancel
please contact PACT Bodycare.
15.5Questions, Complaints, Claims. If you have any questions, complaints or claims
with respect to PACT Bodycare Properties, please contact us at info@pactbodycare.com.
We will do our best to address your concerns. If you feel that your concerns have been
addressed incompletely, we invite you to let us know for further investigation.
15.6Exclusive Venue. To the extent the parties are permitted under these Terms to
initiate litigation in a court, both you and PACT Bodycare agree that all claims and
disputes arising out of or relating to the Terms will be litigated exclusively in the state or
federal courts located in Los Angeles County, California.
15.7Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE
GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF
CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING
EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF
ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR
THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
15.8Notice. Where PACT Bodycare requires that you provide an e-mail address, you are
responsible for providing PACT Bodycare with your most current e-mail address. In the
event that the last e-mail address you provided to PACT Bodycare is not valid, or for any
reason is not capable of delivering to you any notices required/ permitted by the Terms,
PACT Bodycare’s dispatch of the e-mail containing such notice will nonetheless
constitute effective notice. You may give notice to PACT Bodycare at
info@pactbodycare.com where email notice is allowed. Such notice shall be deemed
given when received by PACT Bodycare by letter delivered by nationally recognized
overnight delivery service or first class postage prepaid mail at the above address.
15.9Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion
will not be deemed a waiver of any other provision or of such provision on any other
occasion.
15.10Severability. If any portion of these Terms is held invalid or unenforceable, that
portion shall be construed in a manner to reflect, as nearly as possible, the original
intention of the parties, and the remaining portions shall remain in full force and effect.
15.11Export Control. You may not use, export, import, or transfer PACT Bodycare
Properties except as authorized by U.S. law, the laws of the jurisdiction in which you
obtained PACT Bodycare Properties, and any other applicable laws. In particular, but
without limitation, PACT Bodycare Properties may not be exported or re-exported (a) into
any United States embargoed countries, or (b) to anyone on the U.S. Treasury
Department’s list of Specially Designated Nationals or the U.S. Department of
Commerce’s Denied Person’s List or Entity List. By using PACT Bodycare Properties, you
represent and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or
restricted parties. You also will not use PACT Bodycare Properties for any purpose
16.
prohibited by U.S. law, including the development, design, manufacture or production of
missiles, nuclear, chemical or biological weapons. You acknowledge and agree that
products, services or technology provided by PACT Bodycare are subject to the export
control laws and regulations of the United States. You shall comply with these laws and
regulations and shall not, without prior U.S. government authorization, export, re-export,
or transfer PACT Bodycare products, services or technology, either directly or indirectly,
to any country in violation of such laws and regulations.
15.12Consumer Complaints. In accordance with California Civil Code §1789.3, you may
report complaints to the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs by contacting them in writing at 400 R
Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
15.13Entire Terms. The Terms are the final, complete and exclusive agreement of the
parties with respect to the subject matter hereof and supersedes and merges all prior
discussions between the parties with respect to such subject matter.
Last Updated Date: June 14, 2021
PLEASE READ THIS BINDING LEGAL AGREEMENT CAREFULLY. Beauty Expert Exchange,
LLC (“PACT Bodycare,” “Company” “we”, or “us”) provides a website and online
shopping platform that allows users to buy various items. The PACT Bodycare website is
located at https://www.pactbodycare.com (collectively, the “Website,” and the Website,
together with any products and services provided by PACT Bodycare, the “Service”).
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY.
THIS WEBSITE AND THE INFORMATION ON IT ARE CONTROLLED BY PACT BODYCARE.
THESE TERMS OF USE GOVERN THE USE OF THE WEBSITE AND APPLY TO ALL
INTERNET USERS VISITING THE WEBSITE BY ACCESS OR USING THE WEBSITE IN ANY
WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA
THE WEBSITE. COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE
WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO
BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING
CONTRACT WITH PACT BODYCARE, AND (3) YOU HAVE THE AUTHORITY TO ENTER
INTO THE TERMS OF USE PERSONALLY. THE TERM “YOU” or “USER(S)” REFERS TO
THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN
YOU’RE REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE
TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
SECTION 14 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES
MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS
ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN
COURT. SEE SECTION 14 FOR MORE INFORMATION REGARDING THIS ARBITRATION
CLAUSE, AND HOW TO OPT OUT.
PLEASE BE AWARE THAT SECTION 1.4 OF THESE TERMS, BELOW, CONTAINS YOUR
OPT-IN CONSENT TO RECEIVE CERTAIN COMMUNICATIONS FROM US, INCLUDING
VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.
Your use of, and participation in, certain Services may be subject to additional terms
(“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms
of Use or will be presented to you for your acceptance when you sign up to use the
supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms,
the Supplemental Terms shall control with respect to such Service. The Terms of Use
and any applicable Supplemental Terms are referred to herein as the “Terms.”
Subject to Section 14.9 of these Terms, PACT Bodycare reserves the right to modify
these Terms or its policies relating to the Services at any time, effective upon posting of
an updated version of these Terms on the applicable Services. You should regularly
review the Terms, as your continued use of the Services after any such changes
constitutes your agreement to such changes.
Our Website is hosted on Shopify Inc. They provide us with the online e-commerce
platform that allows us to sell our products and services to you. By using our Service, you
1.
will be subject to and should also review any Shopify Inc. terms of use and related
policies.
1.Use of the Services and PACT Bodycare Properties. The Website, the Services, and
the information and content available on the Website and the Services (as these terms are
defined herein) (collectively, the “PACT Bodycare Properties”) are protected by
copyright laws throughout the world. Subject to the Terms, PACT Bodycare grants you a
limited license to reproduce portions of PACT Bodycare Properties for the sole purpose of
using the Services for your personal or internal business purposes. Unless otherwise
specified by PACT Bodycare in a separate license, your right to use any PACT Bodycare
Properties is subject to the Terms.
1.1Updates. You understand that PACT Bodycare Properties are evolving. As a result,
PACT Bodycare may require you to accept updates to PACT Bodycare Properties that you
have installed on your computer or mobile device. You acknowledge and agree that PACT
Bodycare may update PACT Bodycare Properties with or without notifying you. You may
need to update third-party software from time to time in order to use PACT Bodycare
Properties.
1.2Certain Restrictions. The rights granted to you in the Terms are subject to the
following restrictions: (a) you shall not license, sell, resell, upload, use, copy, rent, lease,
lend, transfer, assign, reproduce, distribute, host or otherwise commercially exploit PACT
Bodycare Properties or any portion of PACT Bodycare Properties, including the Website,
(b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or
other PACT Bodycare Properties (including images, text, page layout or form) of PACT
Bodycare, or use the PACT Bodycare Properties in any way that might confuse, misdirect,
or misrepresent its source, or sponsorship or affiliation thereof or therewith; (c) you shall
not use any metatags or other “hidden text” using PACT Bodycare’s name or trademarks;
(d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble,
decompile, reverse compile or reverse engineer any part of PACT Bodycare Properties
except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(e) you shall not use any manual or automated software, devices or other processes
(including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools
or the like) to access, monitory, copy or use the PACT Bodycare Properties, interfere with
product inventory or availability, or place or take preparatory steps to place orders for
products, goods or services, or “scrape” or download data from any web pages contained
in the Website (except that we grant the operators of public search engines revocable
permission to use spiders to copy materials from the Website for the sole purpose of and
solely to the extent necessary for creating publicly available searchable indices of the
materials, but not caches or archives of such materials); (f) you shall not access PACT
Bodycare Properties in order to build a similar or competitive website, application or
service; (g) except as expressly stated herein, no part of PACT Bodycare Properties may
be copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means; (h) you shall not take any action that imposes
any unreasonable or disproportionately large load on the PACT Bodycare Properties; (i)
you shall not take any action in connection with your use of the PACT Bodycare
Properties which violates any applicable local, state, national or international law, rule,
regulation or order of any court in conjunction with your use thereof; (j) you shall not
2.
otherwise use the PACT Bodycare Properties for any unlawful or abusive purposes,
including, but not limited to, the violation of any intellectual property rights (whether
belonging to PACT Bodycare or third parties) and the posting or distribution of any
“harmful” or “malicious” code or programming devices (e.g., viruses, malware,
ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling
devices) or any other similar software or programs that may adversely affect the
operation of the Services or any other software, hardware, network or other technology
(collectively, “Malicious Code”); and (k) you shall not remove or destroy any copyright
notices or other proprietary markings contained on or in PACT Bodycare Properties. Any
future release, update or other addition to PACT Bodycare Properties shall be subject to
the Terms. PACT Bodycare, its suppliers and service providers reserve all rights not
granted in the Terms. Any unauthorized use of PACT Bodycare Properties terminates the
licenses granted by PACT Bodycare pursuant to the Terms.
1.3Third-Party Materials. As a part of PACT Bodycare Properties, you may have access
to materials that are hosted by another party. You agree that it is impossible for PACT
Bodycare to monitor such materials and that you access these materials at your own risk.
1.4PACT Bodycare Communications. By entering into these Terms or using the PACT
Bodycare Properties, you agree to receive communications from us, including via e-mail,
text message, calls, and push notifications. You agree that texts, calls or prerecorded
messages may be generated by automatic telephone dialing systems. Communications
from us may include but are not limited to: operational communications concerning your
Account or the use of the PACT Bodycare Properties, updates concerning new and
existing features on the PACT Bodycare Properties. Standard text messaging charges
applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH
TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR
PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE
PROMOTIONAL EMAIL ITSELF. WE WILL NOT SEND YOU PROMOTIONAL TEXTS OR
MAKE PROMOTIONAL CALLS TO YOU UNLESS YOU SEPARATELY PROVIDE US WITH
OPT-IN CONSENT. ONCE YOU PROVIDE US WITH OPT-IN CONSENT, IF YOU WISH TO
OPT OUT OF PROMOTIONAL TEXTS OR CALLS, YOU MAY TEXT “END” TO NUMBER
LISTED ON THE MESSAGES RECEIVED FROM THE MOBILE DEVICE RECEIVING THE
MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO
RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE PACT
BODYCARE PROPERTIES OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL
TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR
CALLS), YOU CAN TEXT THE WORD “STOPALL” TO NUMBER LISTED ON THE
MESSAGES RECEIVED_] FROM THE MOBILE DEVICE RECEIVING THE MESSAGES.
HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY
IMPACT YOUR USE OF THE PACT BODYCARE PROPERTIES OR RELATED SERVICES.
2.Registration.
2.1Registering Your Account. In order to access certain features of PACT Bodycare
Properties you may be required to become a Registered User. For purposes of the Terms,
a “Registered User” is a User who has registered an account on the Website
(“Account”).
3.
2.2Registration Data. In registering an account on the Website, you agree to (1) provide
true, accurate, current and complete information about yourself as prompted by the
registration form (the “Registration Data”); and (2) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. You represent that you
are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3)
not a person barred from using PACT Bodycare Properties under the laws of the United
States, your place of residence or any other applicable jurisdiction. You are responsible
for all activities that occur under your Account. You agree that you shall monitor your
Account to restrict use by minors, and you will accept full responsibility for any
unauthorized use of PACT Bodycare Properties by minors. If you provide any information
that is untrue, inaccurate, not current or incomplete, or PACT Bodycare has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
PACT Bodycare has the right to suspend or terminate your Account and refuse any and all
current or future use of PACT Bodycare Properties (or any portion thereof). You agree
not to create an Account using a false identity or information, or on behalf of someone
other than yourself. You agree not to create an Account or use PACT Bodycare
Properties if you have been previously removed by PACT Bodycare, or if you have been
previously banned from any of PACT Bodycare Properties.
2.3Your Account. Notwithstanding anything to the contrary herein, you acknowledge and
agree that you shall have no ownership or other property interest in your Account, and
you further acknowledge and agree that all rights in and to your Account are and shall
forever be owned by and inure to the benefit of PACT Bodycare.
2.4Necessary Equipment and Software. You must provide all equipment and software
necessary to connect to PACT Bodycare Properties, including but not limited to, a mobile
device that is suitable to connect with and use PACT Bodycare Properties, in cases where
the Services offer a mobile component. You are solely responsible for any fees, including
Internet connection or mobile fees, that you incur when accessing PACT Bodycare
Properties. By providing your cellphone number and using the Services, you hereby
affirmatively consent to our use of your cellphone number for calls and texts in order to
perform and improve upon the Services. PACT Bodycare will not assess and charge for
any calls or texts, but standard message charges or other charged from your wireless
carrier may apply. You may opt out of receiving text messages from us by emailing
info@pactbodycare.com.
3.Ownership.
3.1PACT Bodycare Properties. Except with respect to any content you may post and
any content a User may post, you agree that PACT Bodycare and its suppliers own all
rights, title and interest in PACT Bodycare Properties. You will not remove, alter or
obscure any copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Website, the Services, or PACT Bodycare
Properties.
3.2Trademarks. PACT Bodycare and other related graphics, logos, service marks and
trade names used on or in connection with PACT Bodycare Properties or in connection
with the Services are the trademarks of PACT Bodycare and may not be used without
permission in connection with any third-party products or services. Other trademarks,
4.
service marks and trade names that may appear on or in PACT Bodycare Properties are
the property of their respective owners.
3.3Other Content. Except with respect to any content that you may post, you agree that
you have no right or title in or to any content that appears on or in PACT Bodycare
Properties.
3.4License to Your Content. Subject to any applicable account settings that you select,
you grant PACT Bodycare a fully paid, royalty-free, perpetual, irrevocable, worldwide,
royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and
license to use, license, distribute, reproduce, modify, adapt, publicly perform, and
publicly display, any content you may post (in whole or in part) for the purposes of
operating and providing PACT Bodycare Properties to you and to our other Users. Please
remember that other Users may search for, see, use, modify and reproduce any of the
content you may post that you submit to any “public” area of PACT Bodycare Properties.
You warrant that the holder of any worldwide intellectual property right, including moral
rights, in any content you may post, has completely and effectively waived all such rights
and validly and irrevocably granted to you the right to grant the license stated above.
You agree that you, not PACT Bodycare, are responsible for all of the content you may
post on or in PACT Bodycare Properties.
3.5Username. Notwithstanding anything contained herein to the contrary, by submitting
any of your content to any forums, comments or any other area on PACT Bodycare
Properties, you hereby expressly permit PACT Bodycare to identify you by your username
(which may be a pseudonym), if applicable, as the contributor of your content in any
publication in any form, media or technology now known or later developed in connection
with your content.
3.6Feedback. You agree that submission of any ideas, suggestions, documents, and/or
proposals to PACT Bodycare through its suggestion, feedback, wiki, forum or similar
pages (“Feedback”) is at your own risk and that PACT Bodycare has no obligations
(including without limitation obligations of confidentiality) with respect to such Feedback.
You represent and warrant that you have all rights necessary to submit the Feedback.
You hereby grant to PACT Bodycare a fully paid, royalty-free, perpetual, irrevocable,
worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce,
perform, display, distribute, adapt, modify, re-format, create derivative works of, and
otherwise commercially or non-commercially exploit in any manner, any and all Feedback,
and to sublicense the foregoing rights, in connection with the operation and maintenance
of PACT Bodycare Properties.
3.7Ratings and Reviews. Ratings and reviews posted by Users on our Services are User
Content that is not endorsed by PACT Bodycare and does not represent the views of
PACT Bodycare. PACT Bodycare does not assume liability for ratings and reviews or for
any claims for economic loss resulting from such ratings and reviews. Because we expect
Users to maintain a high level of integrity with respect to ratings and reviews posted
through the Services, you agree: (i) to base any rating or review you post only on your
first-hand experience with the applicable institution, business, product, or service; (ii) you
will not provide a rating or review for any institution, business, product, or service with
respect to which you have a competitive, ownership or other economic interest or
5.
employment relationship; (iii) you will not submit a rating or review in exchange for
payment or other benefits from any individual or entity; and (iv) your review will comply
with the terms of this Agreement. If we determine, in our sole discretion, that any rating or
review could diminish the integrity of the ratings and reviews, we may exclude such User
Content without notice.
4.User Conduct. As a condition of use, you agree not to use PACT Bodycare Properties
for any purpose that is prohibited by the Terms or by applicable law. You shall not (and
shall not permit any third party) either (a) take any action or (b) Make Available any
Content on or through PACT Bodycare Properties that: (i) infringes any patent, trademark,
trade secret, copyright, right of publicity or other right of any person or entity; (ii) is
unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial
activities and/or sales without PACT Bodycare’s prior written consent, such as contests,
sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or
entity, including any employee or representative of PACT Bodycare; (vi) interferes with or
attempt to interfere with the proper functioning of PACT Bodycare Properties or uses
PACT Bodycare Properties in any way not expressly permitted by the Terms; or (vii)
attempts to engage in or engage in, any potentially harmful acts that are directed against
PACT Bodycare Properties, including but not limited to violating or attempting to violate
any security features of PACT Bodycare Properties, using manual or automated software
or other means to access, “scrape,” “crawl” or “spider” any pages contained in PACT
Bodycare Properties, introducing viruses, worms, or similar harmful code into PACT
Bodycare Properties, or interfering or attempting to interfere with use of PACT Bodycare
Properties by any other user, host or network, including by means of overloading,
“flooding,” “spamming,” “mail bombing,” or “crashing” PACT Bodycare Properties.
5.Investigations. PACT Bodycare may, but is not obligated to, monitor or review PACT
Bodycare Properties and content at any time. Without limiting the foregoing, PACT
Bodycare shall have the right, in its sole discretion, to remove any of the content you may
post for any reason (or no reason), including if such content violates the Terms or any
applicable law. Although PACT Bodycare does not generally monitor user activity
occurring in connection with PACT Bodycare Properties or content, if PACT Bodycare
becomes aware of any possible violations by you of any provision of the Terms, PACT
Bodycare reserves the right to investigate such violations, and PACT Bodycare may, at its
sole discretion, immediately terminate your license to use PACT Bodycare Properties, or
change, alter or remove any content you may post, in whole or in part, without prior notice
to you.
6.Third-Party Services. PACT Bodycare Properties may contain links to third-party
websites (“Third-Party Websites”) and advertisements for third parties (“Third-Party
Ads”). When you click on a link to a Third-Party Website or Third-Party Ad, we will not
warn you that you have left PACT Bodycare Properties and are subject to the terms and
conditions (including privacy policies) of another website or destination. Such Third-
Party Websites and Third-Party Ads are not under the control of PACT Bodycare. PACT
Bodycare is not responsible for any Third-Party Websites or Third-Party Ads. PACT
Bodycare provides these Third-Party Websites and Third Party Ads only as a convenience
6.
and does not review, approve, monitor, endorse, warrant, or make any representations
with respect to Third-Party Websites or Third-Party Ads, or their products or services.
You use all links in Third-Party Websites and Third-Party Ads at your own risk. When you
leave our Website, our Terms and policies no longer govern. You should review
applicable terms and policies, including privacy and data gathering practices, of any
Third-Party Websites, and should make whatever investigation you feel necessary or
appropriate before proceeding with any transaction with any third party.
7.Fees and Purchase Terms.
7.1General Purpose of Terms. The purpose of the Terms is for you to secure access to
the Services. All fees set forth within and paid by you under the Terms shall be
considered solely in furtherance of this purpose.
7.2Payment. You agree to pay all fees or charges to your Account in accordance with the
fees, charges and billing terms in effect at the time a fee or charge is due and payable.
You must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by
us) to Shopify, our third party payment provider (“Payment Provider”) in order to
purchase products and to use certain Services. Your credit card provider agreement
governs your use of the designated credit card, and the terms and conditions on the
website of the Payment Provider governs your use of its website, and you must refer to
the respective agreement or terms and conditions, and not the Terms, to determine your
rights and liabilities. By providing to Shopify, on behalf of PACT Bodycare, with your
credit card number and associated payment information, you agree that PACT Bodycare
is authorized to immediately invoice your Account for all fees and charges due and
payable to PACT Bodycare hereunder and that no additional notice or consent is required.
You agree to immediately notify PACT Bodycare of any change in your billing address or
the credit card used for payment hereunder. PACT Bodycare reserves the right at any
time to change its prices and billing methods, either immediately upon posting on PACT
Bodycare Properties or by e-mail delivery to you. All sales are final and, except as
provided in our refund policy available at , PACT Bodycare will not issue refunds or accept
returns.
7.3 Discounts and Promo Codes. We may, in our sole discretion, create discounts
and promotional codes that may be redeemed for credit in your Account, or other
features or benefits, subject to any additional terms that we establish on a per
promotional code basis (“Promo Codes”). Promo Codes may only be used once
per person. Only Promo Codes sent to you through official PACT Bodycare
communications channels are valid. You agree that Promo Codes: (i) must be used
for the intended audience and purpose, and in a lawful manner; (ii) may not be
duplicated, sold, or transferred in any manner, or made available to the general
public (whether posted to a public forum or otherwise), unless expressly permitted
by us; (iii) may be disabled by us at any time for any reason without liability to us;
(iv) may only be used pursuant to the specific terms that we establish for such
Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.
7.4Orders. We reserve the right to refuse any order you place with us, including if: (i) we
discover an error in pricing and/or other information about the products or receive
insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an
7.
order has been placed using stolen payment card information or otherwise appears to be
connected to fraud, or (iii) the ordered product is unavailable due to discontinuance or
otherwise. We may, in our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders placed by or under the
same customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an order, we
may attempt to notify you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
7.5Products or Services. Certain products or services may be available exclusively
online through the Website. These products or services may have limited quantities and
are subject to our return, exchange, and refund policies available at https://
pactbodycare.com/pages/refund-policy. We have made every effort to display as accurately
as possible the colors and images of our products that appear on the Website. We cannot
guarantee that your computer monitor's display of any color will be accurate. We reserve
the right, but are not obligated, to limit the sales of our products or services to any
person, geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or services that we
offer. All descriptions of products or product pricing are subject to change at any time
without notice, at our sole discretion. We reserve the right to discontinue any product at
any time. Any offer for any product or service made on this Website is void where
prohibited.
7.6Taxes. PACT Bodycare’s fees are net of any applicable Sales Tax. If any Services, or
payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction
and you have not remitted the applicable Sales Tax to PACT Bodycare, you will be
responsible for the payment of such Sales Tax and any related penalties or interest to the
relevant tax authority, and you will indemnify PACT Bodycare for any liability or expense
we may incur in connection with such Sales Taxes. Upon our request, you will provide us
with official receipts issued by the appropriate taxing authority, or other such evidence
that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall
mean any sales or use tax, and any other tax measured by sales proceeds, that PACT
Bodycare is permitted to pass to its customers, that is the functional equivalent of a sales
tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
7.7Withholding Taxes. You agree to make all payments of fees to PACT Bodycare free
and clear of, and without reduction for, any withholding taxes. Any such taxes imposed
on payments of fees to PACT Bodycare will be your sole responsibility, and you will
provide PACT Bodycare with official receipts issued by the appropriate taxing authority,
or such other evidence as we may reasonably request, to establish that such taxes have
been paid.
7.8Disputes. You must notify us in writing within seven (7) days after receiving your
credit card statement, if you dispute any of our charges on that statement or such dispute
will be deemed waived. Billing disputes should be notified to the following address:
info@pactbodycare.com.
8.
7.9Third Party Provider. Shopify, Inc. (“Shopify”) provides PACT Bodycare’s payment
services, and is PACT Bodycare’s third party service provider (e.g., card acceptance,
merchant settlement, and related services). By buying the PACT Bodycare Properties,
you agree to be bound by Shopify’s Privacy Policy: https://www.shopify.com/legal/privacy
and hereby consent and authorize the PACT Bodycare and Shopify to share any
information and payment instructions you provide with Third Party Service Provider(s) to
the minimum extent required to complete your transactions.
7.10Shipping. PACT Bodycare currently ships only to locations within the 50 United
States. PACT Bodycare will use commercially reasonable efforts to meet any shipment
schedules set forth on the Services. However, any shipment date or forecast provided by
PACT Bodycare is only an estimate of the time required to make shipment. Unless
otherwise agreed to by PACT Bodycare, all items will be shipped by PACT Bodycare, or its
designated representative, in the PACT Bodycare’s standard packaging using a delivery
service specified by PACT Bodycare.
8.Indemnification. You agree to indemnify and hold PACT Bodycare, its parents,
subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively,
the “PACT Bodycare Parties”) harmless from any losses, costs, liabilities and expenses
(including reasonable attorneys’ fees) relating to or arising out of: (a) any content you
may post; (b) your use of, or inability to use, PACT Bodycare Properties; (c) your violation
of the Terms; (d) your violation of any rights of another party, including any Users; or (e)
your violation of any applicable laws, rules or regulations. PACT Bodycare reserves the
right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with
PACT Bodycare in asserting any available defenses. This provision does not require you
to indemnify any of the PACT Bodycare Parties for any unconscionable commercial
practice by such party or for such party’s fraud, deception, false promise,
misrepresentation or concealment, suppression or omission of any material fact in
connection with the Website or any Services provided hereunder. You agree that the
provisions in this section will survive any termination of your Account, the Terms or your
access to PACT Bodycare Properties.
9.Disclaimer of Warranties and Conditions.
9.1As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT
PERMITTED BY APPLICABLE LAW, YOUR USE OF PACT BODYCARE PROPERTIES AND
ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND PACT
BODYCARE PROPERTIES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITH ALL FAULTS. PACT BODYCARE PARTIES EXPRESSLY
DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT ARISING THE PRODUCTS OR SERVICES. THIS
SECTION 9 DOES NOT AFFECT IN ANY WAY OUR RETURN POLICY OR LIMITED
WARRANTY FOR THE PRODUCTS.
(a)PACT BODYCARE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION
THAT: (1) PACT BODYCARE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR
9.
USE OF PACT BODYCARE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF PACT
BODYCARE PROPERTIES WILL BE ACCURATE OR RELIABLE.
(b)ANY CONTENT ACCESSED THROUGH PACT BODYCARE PROPERTIES IS ACCESSED
AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND
ANY DEVICE YOU USE TO ACCESS PACT BODYCARE PROPERTIES, OR ANY OTHER
LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c)THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER
DISRUPTIONS. PACT BODYCARE MAKES NO WARRANTY, REPRESENTATION OR
CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE
QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
(d)NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PACT
BODYCARE OR THROUGH PACT BODYCARE PROPERTIES WILL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
9.2Products Disclaimer. DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT,
SPECIFICATIONS, PRODUCTS, PRICES, AND AVAILABILITY OF ANY PRODUCTS ARE
SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND ON
THE SERVICES. WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE
ATTRIBUTES OF OUR PRODUCTS, INCLUDING THE APPLICABLE COLORS; HOWEVER,
THE ACTUAL COLOR YOU SEE WILL DEPEND ON YOUR COMPUTER SYSTEM, AND WE
CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH
COLORS. THE INCLUSION OF ANY PRODUCTS ON THE SERVICES AT A PARTICULAR
TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT
ANY TIME.
9.3No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT
PACT BODYCARE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD
PACT BODYCARE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING
OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD
PARTIES RESTS ENTIRELY WITH YOU.
9.4No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL
OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF PACT
BODYCARE PROPERTIES. YOU UNDERSTAND THAT PACT BODYCARE DOES NOT MAKE
ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF PACT BODYCARE
PROPERTIES.
10.Limitation of Liability.
10.1Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO
EVENT SHALL PACT BODYCARE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS,
REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH PACT BODYCARE PROPERTIES, OR
DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS
INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR
10.
NOT PACT BODYCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY
COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF PACT
BODYCARE PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE
USE OR INABILITY TO USE PACT BODYCARE PROPERTIES; (2) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH PACT BODYCARE
PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
PACT BODYCARE PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO PACT
BODYCARE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A PACT
BODYCARE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A PACT
BODYCARE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A PACT
BODYCARE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.2Cap on Liability. UNDER NO CIRCUMSTANCES WILL PACT BODYCARE PARTIES BE
LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO
PACT BODYCARE BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT,
OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) THE REMEDY OR
PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES; OR (C) ONE
HUNDRED DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO
LIABILITY OF A PACT BODYCARE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED
BY A PACT BODYCARE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A
PACT BODYCARE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.3Your Content. EXCEPT FOR PACT BODYCARE’S OBLIGATIONS TO PROTECT YOUR
PERSONAL DATA AS SET FORTH IN THE PACT BODYCARE’S PRIVACY POLICY, PACT
BODYCARE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-
DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO,
YOUR CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
10.4Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PACT BODYCARE
AND YOU.
11.Remedies. If PACT Bodycare becomes aware of any possible violations by you of the
Terms, PACT Bodycare reserves the right to investigate such violations. If, as a result of
the investigation, PACT Bodycare believes that criminal activity has occurred, PACT
Bodycare reserves the right to refer the matter to, and to cooperate with, any and all
applicable legal authorities. PACT Bodycare is entitled, except to the extent prohibited by
applicable law, to disclose any information or materials on or in PACT Bodycare
Properties, including any content you may post, in PACT Bodycare’s possession in
connection with your use of PACT Bodycare Properties, to (1) comply with applicable
laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any
claims that the content you may post violates the rights of third parties, (4) respond to
11.
your requests for customer service, or (5) protect the rights, property or personal safety
of PACT Bodycare, its Users or the public, and all enforcement or other government
officials, as PACT Bodycare in its sole discretion believes to be necessary or appropriate.
12.Term and Termination.
12.1Term. The Terms commence on the date when you accept them (as described in the
preamble above) and remain in full force and effect while you use PACT Bodycare
Properties, unless terminated earlier in accordance with the Terms.
12.2Termination of Services by PACT Bodycare. If timely payment cannot be charged
to your Payment Provider for any reason, if you have materially breached any provision of
the Terms, or if PACT Bodycare is required to do so by law (e.g., where the provision of
the Website or the Services is, or becomes, unlawful), PACT Bodycare has the right to,
immediately and without notice, suspend or terminate any Services provided to you.
PACT Bodycare reserves the right to refuse service and/or prohibit or terminate access to
the PACT Bodycare Properties, in whole or in part, for any or no reason, at any time in its
sole discretion, with or without notice to you. Further, your breach of these Terms
may jeopardize your continued use of the PACT Bodycare Properties and may result in the
cancellation of your orders, among other consequences. You agree that all terminations
for cause shall be made in PACT Bodycare’s sole discretion and that PACT Bodycare shall
not be liable to you or any third party for any termination of your Account.
12.3Termination of Services by You. If you want to terminate the Services provided by
PACT Bodycare, you may do so by (a) notifying PACT Bodycare at any time and (b)
closing your Account for all of the Services that you use. Your notice should be sent, in
writing, to PACT Bodycare's address set forth below.
12.4Effect of Termination. Termination of any Service includes removal of access to
such Service and barring of further use of the Service. Termination of all Services also
includes deletion of your password and all related information, files and content
associated with or inside your Account (or any part thereof), including the content you
may post. Upon termination of any Service, your right to use such Service will
automatically terminate immediately. You understand that any termination of Services
may involve deletion of any content you may post associated therewith from our live
databases. PACT Bodycare will not have any liability whatsoever to you for any
suspension or termination, including for deletion of the content you may post. All
provisions of the Terms which by their nature should survive, shall survive termination of
Services, including without limitation, ownership provisions, warranty disclaimers, and
limitation of liability.
13.International Users. PACT Bodycare Properties can be accessed from countries
around the world and may contain references to Services and content that are not
available in your country. These references do not imply that PACT Bodycare intends to
announce such Services or content in your country. PACT Bodycare Properties are
controlled and offered by PACT Bodycare from its facilities in the United States of
America. PACT Bodycare makes no representations that PACT Bodycare Properties are
appropriate or available for use in other locations. Those who access or use PACT
12.
Bodycare Properties from other countries do so at their own volition and are responsible
for compliance with local law.
14.Dispute Resolution. Please read the following arbitration agreement in this
Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes
with PACT Bodycare and limits the manner in which you can seek relief from us.
14.1Applicability of Arbitration Agreement. You agree that any dispute, claim, or
request for relief relating in any way to your access or use of the Website, to any products
sold or distributed through the Website, or to any aspect of your relationship with PACT
Bodycare, will be resolved by binding arbitration, rather than in court, except that (1) you
may assert claims or seek relief in small claims court if your claims qualify; and (2) you or
PACT Bodycare may seek equitable relief in court for infringement or other misuse of
intellectual property rights (such as trademarks, trade dress, domain names, trade
secrets, copyrights, and patents). This Arbitration Agreement shall apply, without
limitation, to all disputes or claims and requests for relief that arose or were
asserted before the effective date of these Terms or any prior version of these
Terms.
14.2Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation
and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you
must send a letter requesting arbitration and describing your claim to our registered
agent at Beauty Expert Exchange, LLC, via email to info@pactbodycare.com. The
arbitration will be conducted by JAMS, an established alternative dispute resolution
provider. Disputes involving claims, counterclaims, or request for relief under $250,000,
not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current
version of the Streamlined Arbitration Rules and procedures available at http://
www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to
JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures,
available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are
also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not
available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator
finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other
fees and cannot obtain a waiver from JAMS, PACT Bodycare will pay them for you. In
addition, PACT Bodycare will reimburse all such JAMS’s filing, administrative, hearing
and/or other fees for disputes, claims, or requests for relief totaling less than $10,000
unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written
submissions, or in person in the country where you live or at another mutually agreed
location. Any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction.
14.3Authority of Arbitrator. The arbitrator shall have exclusive authority to (a)
determine the scope and enforceability of this Arbitration Agreement and (b) resolve any
dispute related to the interpretation, applicability, enforceability or formation of this
Arbitration Agreement including, but not limited to, any assertion that all or any part of
this Arbitration Agreement is void or voidable. The arbitration will decide the rights and
liabilities, if any, of you and PACT Bodycare. The arbitration proceeding will not be
13.
consolidated with any other matters or joined with any other cases or parties. The
arbitrator shall have the authority to grant motions dispositive of all or part of any claim.
The arbitrator shall have the authority to award monetary damages and to grant any non-
monetary remedy or relief available to an individual under applicable law, the arbitral
forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall
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 us.
14.4Waiver of Jury Trial. YOU AND PACT BODYCARE HEREBY WAIVE ANY
CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN
FRONT OF A JUDGE OR A JURY. You and PACT Bodycare are instead electing that all
disputes, claims, or requests for relief shall be resolved by arbitration under this
Arbitration Agreement, except as specified in Section 14.1 above. An arbitrator can award
on an individual basis the same damages and relief as a court and must follow these
Terms as a court would. However, there is no judge or jury in arbitration, and court
review of an arbitration award is subject to very limited review.
14.5Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND
REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST
BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE
BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE
CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF
ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law
precludes enforcement of any of this subsection’s limitations as to a given dispute, claim,
or request for relief, then such aspect must be severed from the arbitration and brought
into the State or Federal Courts located in the State of California. All other disputes,
claims, or requests for relief shall be arbitrated.
14.630-Day Right to Opt Out. You have the right to opt out of the provisions of this
Arbitration Agreement by sending written notice of your decision to opt out to the
following address: Beauty Expert Exchange, LLC, 5416 Fair Avenue, Apt. 6421, North
Hollywood, CA 91601 or e-mailing us at info@pactbodycare.com within 30 days after first
becoming subject to this Arbitration Agreement. Your notice must include your name and
address, your PACT Bodycare username (if any), the email address you used to set up
your PACT Bodycare account (if you have one), and an unequivocal statement that you
want to opt out of this Arbitration Agreement. If you opt out of this Arbitration
Agreement, all other parts of these Terms will continue to apply to you. Opting out of this
Arbitration Agreement has no effect on any other arbitration agreements that you may
currently have, or may enter in the future, with us.
14.7Severability. Except as provided in Section 14.5, if any part or parts of this
Arbitration Agreement are found under the law to be invalid or unenforceable, then such
specific part or parts shall be of no force and effect and shall be severed and the
remainder of the Arbitration Agreement shall continue in full force and effect.
14.
14.8Survival of Agreement. This Arbitration Agreement will survive the termination of
your relationship with PACT Bodycare.
14.9Modification. Notwithstanding any provision in these Terms to the contrary, we
agree that if PACT Bodycare makes any future material change to this Arbitration
Agreement, you may reject that change within thirty (30) days of such change becoming
effective by writing PACT Bodycare at the following address: info@pactbodycare.com.
15.General Provisions.
15.1Electronic Communications. The communications between you and PACT Bodycare
use electronic means, whether you visit PACT Bodycare Properties or send PACT
Bodycare e-mails, or whether PACT Bodycare posts notices on PACT Bodycare Properties
or communicates with you via e-mail. For contractual purposes, you (1) consent to
receive communications from PACT Bodycare in an electronic form; and (2) agree that all
terms and conditions, agreements, notices, disclosures, and other communications that
PACT Bodycare provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were to be in writing. The foregoing does not affect
your statutory rights.
15.2Release. You hereby release PACT Bodycare Parties and their successors from
claims, demands, any and all losses, damages, rights, and actions of any kind, including
personal injuries, death, and property damage, that is either directly or indirectly related
to or arises from your use of PACT Bodycare Properties, including but not limited to, any
interactions with or conduct of other Users or third-party websites of any kind arising in
connection with or as a result of the Terms or your use of PACT Bodycare Properties. If
you are a California resident, you hereby waive California Civil Code Section 1542, which
states, “A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which, if known by him
must have materially affected his settlement with the debtor. The foregoing release does
not apply to any claims, demands, or any losses, damages, rights and actions of any kind,
including personal injuries, death or property damage for any unconscionable commercial
practice by a PACT Bodycare Party or for such party’s fraud, deception, false, promise,
misrepresentation or concealment, suppression or omission of any material fact in
connection with the Website or any Services provided hereunder.
15.3Assignment. The Terms, and your rights and obligations hereunder, may not be
assigned, subcontracted, delegated or otherwise transferred by you without PACT
Bodycare’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void.
15.4Force Majeure. PACT Bodycare shall not be liable for any delay or failure to perform
resulting from causes outside its reasonable control, including, but not limited to, acts of
God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods,
accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If a Force Majeure event occurs that affects PACT Bodycare’s performance of its
obligations under these Terms: (a) PACT Bodycare will contact you as soon as reasonably
possible to notify you; and (b) PACT Bodycare’s obligations under these Terms will be
suspended and the time for PACT Bodycare’s performance of its obligations will be
15.
extended for the duration of the Force Majeure event. You may cancel the Services
affected by a Force Majeure event which has continued for more than 30 days. To cancel
please contact PACT Bodycare.
15.5Questions, Complaints, Claims. If you have any questions, complaints or claims
with respect to PACT Bodycare Properties, please contact us at info@pactbodycare.com.
We will do our best to address your concerns. If you feel that your concerns have been
addressed incompletely, we invite you to let us know for further investigation.
15.6Exclusive Venue. To the extent the parties are permitted under these Terms to
initiate litigation in a court, both you and PACT Bodycare agree that all claims and
disputes arising out of or relating to the Terms will be litigated exclusively in the state or
federal courts located in Los Angeles County, California.
15.7Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE
GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF
CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING
EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF
ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR
THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
15.8Notice. Where PACT Bodycare requires that you provide an e-mail address, you are
responsible for providing PACT Bodycare with your most current e-mail address. In the
event that the last e-mail address you provided to PACT Bodycare is not valid, or for any
reason is not capable of delivering to you any notices required/ permitted by the Terms,
PACT Bodycare’s dispatch of the e-mail containing such notice will nonetheless
constitute effective notice. You may give notice to PACT Bodycare at
info@pactbodycare.com where email notice is allowed. Such notice shall be deemed
given when received by PACT Bodycare by letter delivered by nationally recognized
overnight delivery service or first class postage prepaid mail at the above address.
15.9Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion
will not be deemed a waiver of any other provision or of such provision on any other
occasion.
15.10Severability. If any portion of these Terms is held invalid or unenforceable, that
portion shall be construed in a manner to reflect, as nearly as possible, the original
intention of the parties, and the remaining portions shall remain in full force and effect.
15.11Export Control. You may not use, export, import, or transfer PACT Bodycare
Properties except as authorized by U.S. law, the laws of the jurisdiction in which you
obtained PACT Bodycare Properties, and any other applicable laws. In particular, but
without limitation, PACT Bodycare Properties may not be exported or re-exported (a) into
any United States embargoed countries, or (b) to anyone on the U.S. Treasury
Department’s list of Specially Designated Nationals or the U.S. Department of
Commerce’s Denied Person’s List or Entity List. By using PACT Bodycare Properties, you
represent and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or
restricted parties. You also will not use PACT Bodycare Properties for any purpose
16.
prohibited by U.S. law, including the development, design, manufacture or production of
missiles, nuclear, chemical or biological weapons. You acknowledge and agree that
products, services or technology provided by PACT Bodycare are subject to the export
control laws and regulations of the United States. You shall comply with these laws and
regulations and shall not, without prior U.S. government authorization, export, re-export,
or transfer PACT Bodycare products, services or technology, either directly or indirectly,
to any country in violation of such laws and regulations.
15.12Consumer Complaints. In accordance with California Civil Code §1789.3, you may
report complaints to the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs by contacting them in writing at 400 R
Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
15.13Entire Terms. The Terms are the final, complete and exclusive agreement of the
parties with respect to the subject matter hereof and supersedes and merges all prior
discussions between the parties with respect to such subject matter.
Los Angeles, CA
(818) 394-0670
info@pactbodycare.com
Copyright © IDUSIGN All Right Reserved.
