Last Updated: April 30, 2014
This Website is offered and available to users who are eighteen (18) years of age or older. By using this Website you represent and warrant that you are of legal age to form a binding contract with the Company.
Sales and Refund Policy.
We also value you as a customer and want to ensure you enjoy your shopping experience with us. Please review our Sales and Refund Policy, which governs any orders placed or purchases made through our Website.
User Participation and Submissions.
Copyright Infringement Notification Process.
We abide by the Federal Digital Millennium Copyright Act (“DMCA”). If you believe that any content included on the Website is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify us of any such copyright or other intellectual property rights infringement. Similarly, if you believe that your content has been inappropriately removed, you may send a counter-notification. Please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.
Your Obligations & Responsibilities.
The terms and conditions for all Website promotions will be explicitly stated in the e-mail, advertisement, article or other communication to which they are associated (such as eligibility requirements, dates of availability, contents of the promotion, etc.). For additional information related to any promotion, please contact the BIG Beauty Customer Care Team.
Links to Third Party Sites.
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions and privacy policies for such websites.
Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. WE PROVIDE THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE MAKE NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ALSO, WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING OUR PRODUCTS ON THIS WEBSITE; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, SIZES, PRICES OR OTHER CONTENT AVAILABLE ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER WILL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEBSITE. THESE LIMITED REMEDIES WILL APPLY NOTWITHSTANDING ANY FAILURE OF THEIR ESSENTIAL PURPOSE.
Disputes; Arbitration; Waiver of Class Action.
- a) Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court; and
- b) Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse.
You may begin an arbitration proceeding by following the American Arbitration Association’s (AAA’s) filing requirements and mailing a request for arbitration and description of your claim to our registered agent, Capitol Services, Inc., at 1675 South State Street, Suite B, Dover, Delaware 19901. The AAA’s Rules of Commercial Arbitration will apply (available at www.adr.org or by calling 1-800-778-7879). The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. Notwithstanding any of the foregoing, THE ARBITRATOR WILL NOT BE EMPOWERED AND DOES NOT HAVE THE AUTHORITY TO HEAR OR DECIDE ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO AWARD PUNITIVE OR EXEMPLARY DAMAGES OR TO AWARD ATTORNEYS’ FEES TO THE PREVAILING PARTY.
You may opt out of this agreement to arbitrate by providing written notice of your intention to do so to Company within sixty (60) days of the earlier of your first use of the Website or your registration with the Website.
BIG Beauty Customer Care Team
Beauty Incubator Group
18940 N. Pima Rd., Suite 250
Scottsdale, AZ 85255