Last Updated: April 30, 2014

Welcome to BIGbeautybrands.com, offered by Beauty Incubator Group, LLC (“Company”, “we”, “us” or “our”), where the following terms and conditions, together with any documents they incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of BIGbeautybrands.com, and any content, functionality and services offered on or through BIGbeautybrands.com (the “Website”), whether as a guest or a registered user. This Website is available ONLY TO USERS 18 YEARS OF AGE OR OLDER.

Please read the Terms of Use carefully before using this Website and let us know if you have any questions or concerns by contacting our BIG Beauty Customer Care Team.

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern the resolution of claims between you and Company. They also include an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. Unless you opt-out, you will only be able to pursue claims against Company on an individual basis, not as part of any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive and declaratory relief) on an individual basis.

 

Acceptance and Modification of the Terms of Use.

By accessing or using this Website, or by clicking to accept or agree to the Terms of Use when this option is made available, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound and abide by the Terms of Use, which include our Privacy Policy, Sales and Refund Policy and Copyright Policy, each incorporated herein by reference. If you do not wish to agree to the Terms of Use, the Privacy Policy, the Sales and Refund Policy or the Copyright Policy, you must not access or use this Website.

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.

Also, please note that we may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of changes means that you accept and agree to the changes. It is your responsibility to check these Terms of Use periodically for changes, as these changes are binding on you.

 

Privacy Policy.

We value your privacy and understand your privacy concerns. Please review our Privacy Policy, which also governs your visit to the Website, so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

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.

 

Intellectual Property.

All content, features and functionality available on the Website, including but not limited to all text, graphics, logos, button icons, images, audio and video clips, data compilations, software and computer code, and the design, selection and compilation thereof (collectively, the “Content”) is the property of the Company, our affiliates, partners or licensors, and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary laws. The Company name, trademarks, logos, product and service marks, and designs and slogans displayed on the Website (collectively, the “Trademarks”) are the marks and registered marks of the Company, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws. You are not permitted to use these Trademarks without the prior written consent of the Company or such third party that may own the marks. Furthermore, except as set forth in the Limited License section below, or as required under applicable law, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit, in whole or in part, any of the Content, Trademarks, or any portion of the Website, for any purpose, without the Company’s express prior written consent. No right, title or interest in or to the Website or its Content is transferred to you, and all rights not expressly granted in the Terms of Use are reserved by the Company. Any use of the Website not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, or other laws.

 

Limited License.

As long as you comply with the Terms of Use, we hereby grant you a limited, revocable, non-assignable and non-exclusive license to access and make personal, non-commercial use of the Website. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Website or any portion thereof; (ii) modify or download the Website or Content, or any portion thereof (except caching or as otherwise necessary to view the Website); (iii) make any use of the Website or Content, other than for personal, non-commercial use; (iv) create any derivative work based on the Website or Content, or any portion thereof; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other “hidden text” utilizing the Trademarks or Content, or to otherwise use the Trademarks without the Company’s express written consent; or (vii) use software robots, spiders, crawlers, or similar data gathering or extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or otherwise attempt to interfere with the proper working of the Website. We also grant you a limited, revocable, non-assignable and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only; provided, however, that any website linking to our Website must not: (i) replicate our Content; (ii) imply that we endorse such website or its services or products; (iii) misrepresent its relationship with us; (iv) contain content that is unlawful or inappropriate for all ages or contain content that could be construed as distasteful, obscene, offensive or controversial; (v) portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) use any Trademark or other intellectual property belonging to us; (vii) link to any page of the Website other than the home page; and (viii) otherwise take any action with respect to the Website that is inconsistent with any other provision of the Terms of Use. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you must immediately remove such link. We reserve the right to withdraw linking permission and/or disable all links without notice and in our sole discretion. Any unauthorized use by you of the Website, Trademarks, or Content terminates the limited licenses set forth in this section without prejudice to any other remedy provided under these Terms of Use or applicable law.

 

Your Account.

You may choose to register at the Website and, in doing so, agree to provide only accurate and truthful information. If you choose or are provided with an account, user name, password or any other information as part of our security procedures, you are responsible for maintaining the confidentiality of such account, user name, password and other security information. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your account, user name, password or other security information. You agree to accept responsibility for all activities that occur under your account, user name or password. You agree to notify us immediately of any unauthorized access to or use of your account, user name, password or of any other breach of security. We reserve the right to refuse service and/or terminate your account at any time in our sole discretion for any reason or no reason, including if, in our opinion, you have violated the Terms of Use or we decide it would be in the Company’s best interests to do so.

 

User Participation and Submissions.

We do not and cannot review all communications and materials posted to or created by users accessing the Website and we are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Website. However, we do reserve the right to block or remove communications or materials that we determine to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property rights, (d) in violation of any law or regulation or (e) offensive or otherwise unacceptable to us at our sole discretion. Furthermore, it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any user generated content on the Website, and any inquiries, feedback, suggestions, ideas or other information you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting a Submission, you hereby grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in your Submission.

 

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.

You may use the Website only for lawful purposes and in accordance with the Terms of Use. In the access or use of the Website, you must comply with the Terms of Use and any special warnings or instructions for access or use posted on the Website. You agree to act always in accordance with the law, custom and in good faith. You may not make any changes or alterations to the Website or any content or services that may appear on the Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms of Use, if you default, negligently or willfully, in any of the obligations set forth in the Terms of Use (including our Privacy Policy), you will be liable for all losses and damages that such default may cause to the Company, our affiliates, partners or licensors.

 

Website Promotions.

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.

 

Indemnification.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES), RESULTING FROM OR RELATING TO YOUR VIOLATION OF THE TERMS OF USE OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTRIBUTIONS, SUBMISSIONS, ANY USE OF THE WEBSITE’S CONTENT, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THE TERMS OF USE OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE. YOU ALSO AGREE TO INDEMNIFY US FOR ANY LOSS, DAMAGES, OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR USE OF SOFTWARE ROBOTS, SPIDERS, CRAWLERS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS, OR ANY OTHER ACTION YOU TAKE THAT IMPOSES AN UNREASONABLE BURDEN OR LOAD ON OUR INFRASTRUCTURE OR OTHERWISE ATTEMPTS TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITE.

 

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.

Except as set forth below, ANY DISPUTE OR CLAIM ARISING UNDER THESE TERMS OF USE (including the Privacy Policy, Sales and Refund Policy and Copyright Policy, each incorporated herein by reference), OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT; provided, however, that the following are exceptions to our agreement to arbitrate our disputes:

  • 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.

By using the Website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Terms of Use (including the Privacy Policy, Sales and Refund Policy and Copyright Policy, each incorporated herein by reference) and any dispute or claim of any sort that might arise between you and Company. The prevailing party in any judicial action to enforce this arbitration agreement shall be entitled to a judgment that includes all fees and costs incurred in such action.

Any cause of action or claim you may have arising out of or relating to the Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

 

Termination.

We reserve the right in our sole discretion to refuse service, terminate accounts, and/or cancel any orders if we believe your use of the Website violates the Terms of Use, including any policies incorporated herein by reference, the law or is otherwise harmful to the interests of the Company. You hereby acknowledge that your breach of these Terms of Use may result in immediate and irreparable harm to the Company, for which there may be no adequate remedy at law, and that we will be entitled to equitable relief to compel You to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Website. Your breach of the Terms of Use will also entitle us to bring an action against you for any and all other remedies available at law or in equity.

 

Entire Agreement.

You acknowledge and agree that these Terms of Use, which include our Privacy Policy, Sales and Refund Policy and Copyright Policy, constitute the complete and exclusive agreement between you and the Company concerning your use of the Website, and supersede and govern all other prior or contemporaneous proposals, agreements, representations and warranties or other communications, both written and oral, with respect to the Website.

 

Relationship.

Nothing contained in these Terms of Use will be construed as creating any relationship of agency, partnership, joint venture, employment, franchise or other form of joint enterprise between you and us.

 

Waiver.

Our failure to require your performance of any provision of the Terms of Use will not affect our full right to require such performance at any time thereafter, nor will our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself, now or in the future.

 

Severability.

In the event that any provision of these terms and conditions is unenforceable or invalid under any applicable law, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole.

If you have any questions regarding these Terms of Use, please contact us at 1-877-407-2BIG.

BIG Beauty Customer Care Team
Beauty Incubator Group
18940 N. Pima Rd., Suite 250
Scottsdale, AZ 85255
1-877-407-2BIG
customercare@bigbeauty.com