TERMS OF SERVICE AND CONDITIONS OF SALE


Terms of Service and Conditions of Sale

Welcome to BeautyRich Skincare.  This web site is provided for your information and to shop for our products, and we hope you enjoy using it.  Please carefully read these Terms of Use and Conditions of Sale (“TOS”) before placing an order online, or otherwise using this web site.  Please browse the web site and make use of its various features, but be aware that by accessing and using the web site, you accept and agree to be bound by the terms and provisions of these “TOS”.  If you do not agree to these terms and conditions, please do not use this web site, do not order and do not use a BeautyRich Skincare product.  Additionally, the TOS may be updated from time to time without notice to you.

This agreement includes a mandatory arbitration agreement, which means that you agree to submit any claim (defined in section 23) to binding individual arbitration rather than proceeding in court. If you want to opt-out of the mandatory arbitration agreement, section 23 below describes the procedures you must follow to do so. The arbitration agreement also includes a class action waiver, which means that you agree to proceed with any claim individually and not as part of a class action.

Table of Contents

  1. Ownership and Operation
  2. Agreement to Be Bound; Termination
  3. User Accounts
  4. Continuing Agreement
  5. Ownership and Use of the Service and Site Materials
  6. Downloaded Software
  7. Mobile Devices
  8. Privacy
  9. Purchasing Items from Us/Conditions of Sale
  10. User Code of Conduct
  11. Electronic Communications, Signatures and Agreements
  12. User Submissions
  13. Voting/Rating Features
  14. Contests/Sweepstakes
  15. Geographic Scope of Site
  16. Links to Other Sites
  17. Contents of This Service - Disclaimer
  18. Disclaimer Regarding Information Provided on the Website
  19. Operation of This Service - Disclaimer
  20. Limitation of Liability
  21. Indemnification
  22. Limitations as to Paragraphs 17, 18, 19, 20 and 21
  23. Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
  24. Exclusive Venue for Other Controversies
  25. Remedies to GrayTen
  26. Copyright Agent
  27. Trademark Notices
  28. Severability
  29. No Waiver
  30. No Legal Effect
  31. Modifications to the Terms of Service and Conditions of Sale
  32. Applicable Law
  33. Mobile Devices and Mobile Applications
  34. Notice to California Residents
  35. General Information
  1. Ownership and Operation

This web site and its related services and applications (collectively, this "Service") is being offered by GrayTen Investment Company, LLC (“GrayTen" or "we”). GrayTen may, in its sole discretion and at any time, modify, suspend or discontinue this Service or specific portions of it.

  1. Agreement to Be Bound; Termination

Your access to and use of this Service constitutes your agreement with GrayTen to be bound by, and to act in accordance with, these TOS. From time to time, GrayTen may make available as part of this Service or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these TOS. If there is a conflict between these TOS and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature.

You may terminate your use of this Service at any time. GrayTen may suspend, discontinue or terminate your access to or use of this Service at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in these TOS as determined by GrayTen in its sole discretion, or (ii) for any other reason in Grayten's sole discretion. GrayTen may notify you of any such suspension, discontinuance or termination by posting a notice on this Service, on any webpage opened when using this Service, by email to an email address you provided to GrayTen upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of this Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of this Service, you must uninstall any Software (as defined below) downloaded from this Service and promptly destroy all Materials (as defined below) obtained through this Service, as well as any copies of such Materials. You agree that GrayTen shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this Service.

  1. User Accounts

If you register an account on the Service (an "Account"), you:

  • must not allow any third party to access the Service using the email address you provided during the registration process ("Log-in ID") and password;
  • are prohibited from using anyone else's Log-in ID and password to access the Service;
  • are responsible for any use of the Service by any third party who accesses the Service using your Log-in ID and/or password;
  • will notify GrayTen immediately if you suspect any unauthorized use of the Service or of your Log-in ID and/or password; and
  • are responsible for ensuring that any information that you provide to GrayTen as part of the account registration process is accurate and is kept up to date at all times, and you will notify GrayTen immediately of any changes to this information.
  1. Continuing Agreement

We may change or revise these TOS from time to time by updating this posting, so please visit this area each time you visit the Service to keep up to date with the current terms regarding your use of the Service. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, "Applicable Laws"), your use of the Service reaffirms your continuing agreement to the then-current TOS.

  1. Ownership and Use of the Service and Site Materials

All right, title and interest in and to this Service, including all text, designs, images, videos, graphics, Software and other content and materials on the Service (collectively, "Materials"), are owned by GrayTen and its licensors. GrayTen also owns or has a right to use all trademarks, service marks, logos, and trade names used on this Service (collectively, "Trademarks").

GrayTen grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use this Service (including any Materials) and to download one copy of the Materials on any single computer or device for your own personal, non-commercial home use strictly in accordance with these TOS. GrayTen may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.

No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by GrayTen in its sole discretion.

Any modification of the Materials or use of the Materials for any other purpose is a violation of Grayten's or its licensors' copyright and other proprietary rights. The use of any such Materials on any other service or computer network without Grayten's written consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorized in these TOS, or as authorized in writing by GrayTen, is strictly prohibited. All rights not expressly granted to you are reserved by GrayTen or its licensors.

  1. Downloaded Software

From time to time GrayTen may make available as part of the Materials on this Service particular software including files, images and data relating to the software (the "Software"). You do not own the downloaded software, and GrayTen does not transfer ownership of the Software to you, but merely grants you the limited rights set forth in these TOS. GrayTen retains full ownership of and title to the downloaded Software and all intellectual property rights in and related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Software that is downloaded through this Service is subject to United States export control laws. If you download Software from this Service, you represent and warrant to GrayTen that you are not acting in violation of those laws.

  1. Mobile Devices

If permitted or available through the Service, to (a) upload content to the Service via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Service from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which GrayTen makes the Service available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Service. Any equipment or software causing interference will be immediately disconnected from the Service and GrayTen will have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement.

  1. Privacy

For information on how GrayTen uses and protects the personal information you may provide on this Service, please read the GrayTen Privacy Policy at: https://beautyrichskincare.com/privacy/policy.html. The Privacy Policy is incorporated into these TOS and explains Grayten's privacy practices. By using the Service, you agree to the terms of the Privacy Policy.

  1. Purchasing Items from Us/Conditions of Sale

Product Representations. GrayTen reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. GrayTen takes reasonable precautions to try to ensure that the prices quoted on the Service are correct, and to describe the items available on the Service as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that GrayTen does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Service will match the actual product that you receive. If a product described on the Service is not as described when you receive it, or the packaging on the Service does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Service under Return Policy. Grayten’s descriptions of, or references to, products not owned by GrayTen do not imply endorsement of that product, or constitute a warranty by Grayten.

Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Service and to correct errors once discovered. GrayTen reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.

Order Placement and Acceptance. If you order a product, payment must be received by Grayten prior to Grayten’s acceptance of the order. GrayTen may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.

Your order is expressly conditioned on acceptance of these TOS. Once a properly completed order, your authorization and a form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.

GrayTen does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Service. If GrayTen discovers that you are placing orders with the intent to resell items offered on the Service, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, GrayTen will also report you to federal, state and/or local enforcements authorities.

Shipping and Risk of Loss. GrayTen will add applicable shipping and handling fees to your order. Unless otherwise noted, GrayTen will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although GrayTen may provide delivery or shipment timeframes or dates, you understand that those are Grayten’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, GrayTen will use reasonable good faith efforts to contact you. If GrayTen cannot contact you or you no longer wish to receive the item, GrayTen will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or MasterCard. GrayTen shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Service are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. GrayTen may reject orders where the stated delivery address is outside the United States.

Sales Tax. In the United States, GrayTen is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. GrayTen is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.

Payment Information. In ordering products through the Service, or otherwise, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. GrayTen shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Grayten, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Service is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

International Orders. GrayTen does not directly sell certain GrayTen products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While GrayTen may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:

(a) You agree that the purchase of any GrayTen products by you, as a non-U.S. resident, shall be (i) ex works Grayten’s facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;

(b) You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;

(c) You hereby expressly authorize and direct GrayTen to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and

(d) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Grayten’s facilities in the United States to your foreign shipping address.

For Canadian Orders only: By ordering goods from Grayten, you hereby authorize a licensed Canadian customs broker chosen by GrayTen to act as your agent, and to transact business with Canada Border Services Agency (CBSA) to clear your merchandise, account for applicable duties and taxes, to return merchandise to GrayTen and prepare and submit refund claims on your behalf for any merchandise that you return. You understand that CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and that you will obtain the refund directly from GrayTen. You also authorize the customs broker to endorse any refund cheque issued by CBSA in your name so that GrayTen can be reimbursed.

  1. User Code of Conduct

In using or accessing this Service, you agree, without limitation:

  • not to use this Service in breach of these TOS;
  • not to use this Service for commercial purposes;
  • not to "spam" others or "phish" for others' personal information;
  • not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part this Service;
  • not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files;
  • not to use, frame or utilize framing techniques to enclose any part of this Service without Grayten's express prior written consent;
  • not to use meta tags or any other "hidden text" utilizing any Trademark without Grayten's express prior written consent;
  • not to "deeplink" to this Service without Grayten's express prior written consent;
  • not to create or use a false identity on this Service;
  • not to collect or store personal data about others;
  • not to attempt to obtain unauthorized access to this Service or portions of this Service that are restricted from general access;
  • not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation;
  • not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity and/or other applicable proprietary rights, or you have all necessary rights to do so and to grant the Licensed Parties (as defined below) the rights set forth in these TOS;
  • not to use the features of this Service at any web site other than a merchant, retail or social networking web site as permitted under these TOS. Such restricted web sites shall include, without limitation, blogs and other online publications; and
  • not to use this Service in breach of any Third Party Site's (as defined below) terms and conditions.

In addition, you agree that you will comply with all Applicable Laws that relate to your use of or activities in connection with this Service. You also agree to act consistent with the requirements set forth in these TOS and the requirements of GrayTen.

You agree to immediately notify GrayTen if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these TOS, including any unauthorized access to your Account. If you so notify GrayTen, or we otherwise suspect such activity, you agree to cooperate with GrayTen in any investigation and to use any prevention measures we prescribe.

  1. Electronic Communications, Signatures and Agreements

 

The information communicated on the Service constitutes an electronic communication. When you communicate with GrayTen through the Service or via other forms of electronic media, such as e-mail, you are communicating with GrayTen electronically. You agree that GrayTen may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that GrayTen provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by GrayTen or you).

You further acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "PURCHASE",  "I ACCEPT" or such similar links as may be designated by GrayTen, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these TOS and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notice, polices and records of transactions initiated or completed through the web site or service offered by Grayten. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

  1. User Submissions

Certain portions of the Service may permit you to submit post, transmit or upload content created by you ("User Submissions"), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Service users.

In connection with User Submissions, you agree that you will not submit User Submissions that:

  • include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;
  • include any material that by itself, or by its use as permitted in these TOS, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws;
  • are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
  • contain advertisements or solicitations of any funds, goods or services;
  • is a communication by a user impersonating another user;
  • contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or
  • could be considered bulk unsolicited communications.

By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to GrayTen through this Service, whether solicited or unsolicited, you agree that you are granting GrayTen, its third-party service providers who provide the Service, and retail partners (collectively, the "Licensed Parties") a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submissions for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these TOS are later modified or terminated.

No credit, approval or compensation is due to you for any such Use of User Submissions you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of the Licensed Parties.

By submitting, posting, transmitting or uploading User Submissions through or to the Service, you authorize the Licensed Parties to make copies thereof and retain such User Submissions and copies as the Licensed Parties deem necessary to facilitate the Use of the User Submission.

You represent and warrant that neither the User Submissions, nor the Use of the User Submissions as permitted in these TOS, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submissions. All User Submissions must comply with the User Code of Conduct set forth above.

Although the Licensed Parties are under no obligation to review or monitor User Submissions, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. GrayTen also reserve the right to terminate your Account if you violate any of these TOS or our policies, as determined in our sole discretion. You agree that GrayTen does not have any obligation to use or respond to any User Submissions. The Licensed Parties have no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Submissions.

If you are aware of any User Submissions on this Service which violate these TOS, please contact us by email at info@beautyrichskincare.com, or writing to us at GrayTen Investment Company, LLC, 10573 W. Pico Blvd., #242, Los Angeles, CA  90064; Attn:  User Submissions. Please provide as much detail as possible, including a copy of the underlying material, the location where GrayTen may find it, and the reason such User Submissions should be removed. Please note that filing a complaint will not guarantee its removal; GrayTen will only remove User Submissions if GrayTen believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Agent." In no event does GrayTen assume any liability for failing to either monitor or remove specific User Submissions.

GrayTen will fully cooperate with any law enforcement authorities or court order requesting or directing GrayTen to disclose the identity of anyone posting User Submissions that violate these TOS or any law or regulation. GrayTen may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of GrayTen, its customers or the public.

  1. Voting/Rating Features

For any voting/rating features that are available on this Service, you must follow instructions on this Service to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. GrayTen assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. GrayTen may, at its discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. GrayTen reserves the right, in its sole discretion, to disqualify any individual it finds to be violating these TOS, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Grayten's decisions with respect to all aspects of any voting/rating element are final and binding, including, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Instagram, Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.

  1. Contests/Sweepstakes

Any sweepstakes, contests, games and/or promotional offers accessible on this Service are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contest or participating in such games or promotional offers available on this Service, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these TOS, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern for that program, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Service (such as those of social media partners like Instagram, Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Service, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.

  1. Geographic Scope of Site

GrayTen controls and operates this Service from within the United States of America. Unless otherwise specified on or by this Service, this Service is intended to promote only those GrayTen products that are sold by GrayTen in the United States and its territories and possessions, and GrayTen makes no representation that materials in this Service or the products described thereby are appropriate or available for use in other locations. All visitors to this Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Service.

  1. Links to Other Sites

For your convenience and enjoyment, this Service may provide links to other third party web sites on the World Wide Web that are not operated by GrayTen ("Third Party Site"). GrayTen has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. GrayTen may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by GrayTen to, or an endorsement by GrayTen of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. GrayTen is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, GrayTen is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.

If you determine to share any information about any GrayTen products through a social network platform, including through links provided by GrayTen through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by GrayTen, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.

  1. Contents of This Service - Disclaimer

The materials in this service (including any graphics, software, recommendations or other materials) and any materials made available through this service are provided “as is” and “as-available”, and without warranties of any kind, either express or implied. To the fullest extent warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law, Grayten disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Grayten does not warrant or make any representations regarding the use or the results of the us of the materials in this service in terms of their results of the use of the materials in this service in terms of their correctness, accuracy, reliability or otherwise. The materials in this service could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Grayten undertakes no obligation to verify or maintain the currency of such information.

In addition, you understand and agree that when using this service, you will be exposed to user submission posted and/or submitted by users. Grayten is not in any manner responsible for the user submissions, and Grayten does not guarantee the accuracy, integrity, quality, or intellectual property rights of or relating to such user submissions. In addition, Grayten cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable user submissions will not appear on the services. You acknowledge that by providing you with the ability to access and view user submissions on this service, Grayten is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user submission or activities of users on this service Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any user submissions are not necessarily those of Grayten or its affiliated or related entities or service providers.

  1. Disclaimer Regarding Information Provided on the Website

The information (including, without limitation, advice and recommendations) on the service is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advise and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition before starting any new treatment. Your use of the service is subject to the additional disclaimers and caveats that may appear throughout the service.

Grayten and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the service, while Grayten strives to keep the information on the service accurate, complete and up-to-date, Grayten cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the service.

  1. Operation of This Service - Disclaimer

Grayten endeavors to maintain this service and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in this service or it’s operation. As to the operation of this service, Grayten expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Grayten makes no warranty that (I) the operation of this service will meet the user’s requirements; (II) access to this service will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (III) the results that may be obtained from the use of this service will be accurate or reliable; or (IV) defects will be corrected. You (and not Grayten) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment or mobile device and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this service.

  1. Limitation of Liability

Under no circumstances shall Grayten, its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees, agents, representatives, licensors, licensees, successors and assigns (collectively, the “Grayten Parties”) be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages that may result from the use of, or the inability to use, the service or any materials in the service, whether in an action based or contract, negligence, other tortious action or otherwise, arising out of or in connection with the use or performance of this service or information available on or through this service. The Grayten Parties shall not be liable even if Grayten or a Grayten authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.

  1. Indemnification

You hereby agree to defend, indemnify and hold the GrayTen Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney's fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of this Service, your User Submissions, your breach or alleged breach of these TOS, including any of your warranties, representations or agreements hereunder, your violation of Applicable Laws, or your violation of any rights of another person or entity.

  1. Limitations as to Paragraphs 17, 18, 19, 20 and 21

Applicable Laws of some states may not allow the exclusion or disclaimers of certain warranties, the limitation or exclusion of liability for incidental or consequential damages and prohibit indemnification. Accordingly, some of the above disclaimers, limitations or exclusions may not apply to you.

  1. Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver

 

Please read this arbitration provision carefully to understand your rights. You agree that any claim that you may have in the future must be resolved though binding arbitration. You acknowledge and agree that you are waiving the right to a trial by jury. The rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist.

 

You agree that you may only bring a claim in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.

 

Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, GrayTen, and/or any involved third party relating to your account, Your Use (defined here), your relationship with GrayTen, or these TOS. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by GrayTen or any third party related to your use or attempted use of the products. You, GrayTen, or any involved third party may pursue a Claim. GrayTen agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against GrayTen. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

 

Exceptions to Binding Arbitration. As an exception to binding arbitration, you and GrayTen both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. GrayTen will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution. You and GrayTen further agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against GrayTen, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to GrayTen Investment Company, LLC, 10573 W. Pico Blvd., #242; Los Angeles, CA 90064; Attn: Claims. You agree to negotiate with GrayTen in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Grayten’s receipt of your written dispute, you agree to the dispute resolution provisions below.

 

Commencement of Arbitration. You and GrayTen agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Trust Company, Corporation Trust Center, 1209 Orange St., Wilmington, Delaware  19801.

Arbitration Location.  The arbitration shall be conducted in Los Angeles County, California or another location if you and GrayTen agree. It may be held by telephone or through written submissions if both you and GrayTen agree, otherwise, the arbitration shall be conducted in person.

Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes, but excluding the AAA’s Supplementary Class Arbitration Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these TOS and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or GrayTen.

Arbitration Fees. GrayTen shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although GrayTen may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, GrayTen agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.

Enforceability. This provision survives termination of your account or relationship with GrayTen, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and GrayTen and shall not be modified except in writing by GrayTen.

Amendments. GrayTen reserves the right to amend this arbitration provision at any time. Your continued use of any GrayTen web site, purchase of a GrayTen and/or BeautyRich Skincare product, or use or attempted use of a GrayTen and/or BeautyRich Skincare product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, GrayTen will provide you notice and an opportunity to opt-out. Your continued use of any GrayTen web site, purchase of a GrayTen and/or BeautyRich Skincare product, or use or attempted use of a GrayTen and/or BeautyRich Skincare product, is affirmation of your consent to such material changes.

You have the right to opt-out of this arbitration provision within 30 days from the date of purchase, use, or attempted use of a Grayten and/or BeautyRich Skincare product (whichever comes first) by writing to Grayten Investment Company, LLC, 10527 W. Pico Blvd., #242, Los Angeles, CA 90064; Attn: Opt-Out. For your opt-out to be effective, you must submit a signed written notice identifying any Grayten and/or BeautyRich Skincare product you purchased, used or attempted to use within the 30 days and the date you first purchased, used or attempted to use any Grayten and/or BeautyRich Skincare product. Untimely opt-outs will not be valid and you must then pursue your claim through arbitration pursuant to these terms.

  1. Exclusive Venue for Other Controversies

 

You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in these TOS (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

 

  1. Remedies for GrayTen

In order to avoid irreparable injury to GrayTen, in the event of any breach or threatened breach by you of the provisions of these TOS, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in these TOS shall be construed as prohibiting GrayTen from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

  1. Copyright Agent

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located, with enough detail that we may find it;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Mary-Felicia Apanius, Esq.
Oldman, Cooley, Sallus, Birnberg & Coleman, LLP

16133 Ventura Blvd., Penthouse Suite

Encino, California  91436
P: 818.986.8080 F: 818.789.0947
mfapanius@oclslaw.com

We suggest that you consult your legal advisor before filing a notice with our copyright agent.

We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Service or making submissions.

  1. Trademark Notices

BeautyRich Skincare™ is a trademark of GrayTen Investment Company, LLC. All other trademarks and service marks displayed on the web site are the property of GrayTen or their respective owners. You may not use or display any trademarks or service marks owned by GrayTen without Grayten’s prior written consent. You may not use or display any other trademarks or service marks displayed on the Service without the permission of their owners.

  1. Severability

If any provision of these TOS shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions.

  1. No Waiver

No failure on the part of GrayTen to enforce any part of these TOS shall constitute a waiver of any of Grayten's rights under these TOS whether for past or future actions on the part of any person. Neither the receipt of any funds by GrayTen nor the reliance of any person on Grayten's actions shall be deemed to constitute a waiver of any part of these TOS. Only a specific, written waiver signed by an authorized representative of GrayTen shall have any legal effect whatsoever.

  1. No Legal Effect

The paragraph titles in these TOS are for convenience only and have no legal or contractual effect. To return to the web site you were visiting, press the back button on your browser.

  1. Modifications to the Terms of Service and Conditions of Sale

 

GrayTen may make changes to these TOS, from time to time, in its sole discretion, by updating this posting on the Service without notice to you. Your continued use of the Service following the posting of a new version of the TOS constitutes your acceptance of any such changes. Accordingly, whenever you visit the Service, check to see if a new version has been posted.

 

  1. Applicable Law

By using the Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these TOS and any dispute of any sort that might arise between you and GrayTen.

  1. Mobile Devices and Mobile Applications

If you use a mobile device to access pages of the web sites optimized for viewing via a mobile device, opt in to receive SMS (text messages) from GrayTen (as/when available) or using a mobile application the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Service via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the TOS.

You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Service or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

  1. Notice to California Residents

Pursuant to California Civil Code Section 1789.3, GrayTen provides users of the Service with the following notice: If you have a question or complaint regarding the Service, please send an email to info@beautyrichskincare.com, or you may write to GrayTen Investment Company, LLC, 10573 W. Pico Blvd., #242; Los Angeles, CA 90064; Attn: Complaints.  You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

  1. General Information

Entire Agreement. The TOS constitutes the entire agreement between you and GrayTen and governs your use of the BeautyRich Skincare web site and the Services, superseding any prior version of this TOS between you and GrayTen with respect thereto.

Last Updated: 05/03/2016

Copyright © 2016 GrayTen Investment Company, LLC.  All rights reserved