Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
Effective October 5, 2022
This Website and the CLARINS Independent Beauty Coaches Replicated Websites (hereafter collectively referred to as the “Sites”) are owned and operated by Clarins U.S.A., Inc. (referred to herein as “CLARINS,” the “Company”, “we”, “us” and “our”). Your use of the Sites is subject to the following terms and conditions.
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION, WHICH REQUIRES YOU TO SUBMIT ANY CLAIM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 18 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT REQUIRES INDIVIDUAL ARBITRATION INSTEAD OF A JURY TRIAL OR COURT PROCEEDING. THE ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER IN SECTION 18 BELOW, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF ANY CLASS ACTION. Your use of the Sites shall be deemed to constitute your ACCEPTANCE OF thESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THE SITES, DO NOT ENROLL AS A CLARINS INDEPENDENT BEAUTY COACH AND DO NOT USE OR PURCHASE A CLARINS PRODUCT.
1. Additional Terms
Note that special terms apply to some services offered on the Sites, such as subscription-based services, product purchases, rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these Terms of Use and, in the event of a conflict, prevail over these Terms of Use.
2. Modification
We reserve the right to modify or otherwise update these Terms of Use at any time. We will provide notice of any material changes by posting the revised Terms of Use on the Sites with an updated “Last Revised” date. Any material changes will take effect automatically 30 days after they are posted on the Sites and shall not apply retroactively. Your continued use of the Sites following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes.
3. Copyright
All information, materials, functions and other content (including Submissions as defined in Section 8 below) provided on the Sites (collectively “Content”), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by US and international copyright laws. The collection, arrangement and assembly of all content on the Sites is our exclusive property and is protected by US and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Sites is strictly prohibited.
4. Trademarks
Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on the Sites are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Sites. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
5. Use of Sites and Content
We grant you a limited license to access and make personal use of the Sites and the Content, subject to these Terms of Use. Neither the Sites nor any portion of the Sites or any Content may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us in writing, except that where the Sites are configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands. We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests.
In the event that we offer downloads of software from the Sites and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
6. Linking
Links to third party websites may be provided on the Sites. If so, they are provided solely as a convenience to you. If you use such links, you will leave the Sites. We have not reviewed all such third-party websites (if any) and do not control and are not responsible for any of these websites and their content. We do not endorse or make any representations about such websites or any information or materials found there, or any results that may be obtained from using them. If you access any third-party websites linked from the Sites, you do so at your own risk.
No hyperlinks to the Sites are permitted without our prior written consent. If you would like to link to the Sites from your website, please submit your request to link to the Sites via email to USA-beautycoachconnect@clarins.com. Unless you receive our express written consent, your request to link to the Sites shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of CLARINS, a website that links to the Sites:
● Shall not imply, either directly or indirectly, that CLARINS is endorsing its products;
● Shall not use any of our Trademarks or the Trademarks of our licensors;
● Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;
● Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;
● Shall not present false or misleading information about us or the CLARINS opportunity;
● Shall not misrepresent any relationship with us;
● Shall not replicate in any manner any content in the Sites; and
● Shall not create a browser or border environment around any Sites’ material.
7. Claim of Copyright and Infringement
We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:
● A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
● A description of the copyrighted work that you claim has been infringed upon;
● A description of where the material that you claim is infringing is located on the Sites;
● Your physical address, telephone number and email address;
● A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by the law; and
● A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Sites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below. To be effective, the counter-notification must be a written communication that contains the following:
● Your physical or electronic signature;
● Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
● A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
● Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which CLARINS may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Our Copyright Agent for notice of claims of copyright infringement on this Sites can be reached as follows:
By Mail: CLARINS
Attn: Copyright Agent
1400 Broadway - 31st Floor | New York, NY 10018 | USA
By Email: USA-beautycoachconnect@clarins.com
8. Submissions
For purposes of these Terms of Use, the word “Submissions” means text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this Sites.
We are always pleased to receive your comments, suggestions, and Submissions regarding the Sites, our products and services, and our opportunity. If you transmit to us, post, or upload any Submissions to or through the Sites, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
By communicating a Submission to us, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct set forth in Section 11 below and all other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms of Use. You agree that you shall not post or transmit to or from the Sites any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.
9. Accounts
Some services on the Sites permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Sites.
We may suspend or terminate your account and your ability to use the Sites or any portion thereof for failure to comply with these Terms of Use or any special items related to a particular service, for infringing copyright, or for any other reason whatsoever.
10. Public Forums and Communication
“Public Forum” means an area or feature offered as part of the Sites that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through the Sites under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum.
You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Sites.
11. Rules of Conduct
The following Rules of Conduct apply to the Sites. By using the Sites, you agree that you will not upload, post, or otherwise distribute to the Sites any Submission that:
● (i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (iv) otherwise harms or can reasonably be expected to harm any person or entity;
● is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
● infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
● is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
● contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sites; or
● (i) does not generally pertain to the designated topic or theme of the relevant Public Forum; (ii) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (iii) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
12. Removal of Submissions
We reserve the right, but disclaim any obligation or responsibility, to (i) refuse to post or communicate or remove any Submission from the Sites that violates these Terms of Use and (ii) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or help to enforce these Terms of Use and/or protect the safety or security of any person or property, including the Sites. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
13. International
The Sites are intended for viewing and use in the United States. If the Sites are viewed internationally, you are responsible for compliance with applicable local laws, which may be different from the laws in the country and state or province of your residence. We do not intend to provide our products or services outside the United States.
14. Privacy
CLARINS respects your privacy and the privacy of other visitors to the Sites. To learn about our privacy practices and policies, please see our Privacy Policy.
15. Children
CLARINS is committed to the safety of children. Persons under the age of 18 may not enroll as CLARINS Beauty Coach or register as customers. Children under the age of 13 may not purchase products through the Sites. CLARINS does not solicit or knowingly collect personally identifiable information from children under the age of 13.
16. Disclaimer of Warranties
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITES (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THE SITES AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE SITES OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THE SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Content of the Sites is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your physician with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any of the Content included in, or accessible through, the Sites without seeking the appropriate legal, medical, or other professional advice. Reliance on any information appearing on the Sites is strictly at your own risk.
The Sites may contain the opinions and views of other users. Given the interactive nature of the Sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.
17. Limitation of Liabilities
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CLARINS, ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, BEAUTY COACHES, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITES OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITES OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, BEAUTY COACHES, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITES OR CHANGE THE SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18. Governing Law and Dispute Resolution
Governing Law. These Terms of Use, including any procedural or substantive rights in any arbitration, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to principles of conflicts of laws. The Federal Arbitration Act shall otherwise govern all matters relating to arbitration.
Arbitration. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, CLARINS, and/or any involved third party relating to your use of the Sites or these Terms of Use. This includes any and all claims or disputes that relate in any way to your use of CLARINS products, any act or omission by CLARINS or any third party related to your use or attempted use of the products, as well as any claims relating to advertising or representations regarding the products. You, CLARINS, or any involved third party may pursue a Claim. CLARINS agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against CLARINS. 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 is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Exceptions to this Arbitration Agreement. As an exception to this arbitration agreement, you and CLARINS 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. CLARINS 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. In addition, this arbitration agreement also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Waiver of Class and Representative Procedures. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND CLARINS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and CLARINS agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor CLARINS may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against CLARINS, you will first provide CLARINS 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 email to USA-beautycoachconnect@clarins.com. You agree to negotiate with CLARINS 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 CLARINS’ receipt of your written dispute, you may commence arbitration in accordance with this agreement.
Arbitration Location. For your convenience, the arbitration may be conducted in a location within the federal district where you reside. It may be held by telephone or through written submissions if both you and CLARINS agree in writing.
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, experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen pursuant to the JAMS Dispute Resolution Services rules and procedures available at: http://www.jamsadr.com/rulesclauses/. A copy of the JAMS rules and procedures will also be emailed to you upon request.
All issues shall be decided by the arbitrator, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of the paragraph addressing the waiver of class and representative procedures shall only be determined by a court with jurisdiction to determine such matter(s).
Arbitration Fees. CLARINS shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. Unless applicable law provides otherwise, 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 may award costs or fees to a prevailing party, but only if applicable law allows it. Although CLARINS may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, CLARINS agrees that it will not seek such an award, unless any Claims asserted against CLARINS are determined by the arbitrator to be frivolous. Any award rendered by an arbitrator shall include a written opinion and shall be final, subject to limited appeal rights as permitted by law or the FAA.
Survival and Severability. This agreement to arbitrate survives any termination of your account or relationship with CLARINS, bankruptcy, assignment or transfer. Except as provided otherwise in the "waiver of class and representative procedures" provision, if any portion of this agreement to arbitrate is deemed unenforceable, the remaining portions of this agreement to arbitrate shall remain in full force and effect.
Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. The agreement to arbitrate set forth in this Section 18 constitutes the entire arbitration agreement between you and Company and shall not be modified except in writing by CLARINS.
Right to Opt-Out Of This Agreement to Arbitrate. YOU HAVE THE RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A CLARINS PRODUCT (WHICHEVER COMES FIRST) BY SENDING A WRITTEN OPT-OUT REQUEST TO USA-BEAUTYCOACHCONNECT@CLARINS.COM. YOU MAY ALSO OPT OUT OF THIS AGREEMENT TO ARBITRATE WITHIN 30 DAYS AFTER WE NOTIFY YOU OF A MATERIAL CHANGE TO THIS AGREEMENT TO ARBITRATE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
Exclusive Venue for Other Controversies . You agree that any controversy excluded from this agreement to arbitrate (other than an individual action filed in small claims court) shall be filed only in the United States District Court for the Southern District of New York, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
19. Notice For California Users
Under California Civil Code Section 1789.3, California users of the Sites are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Agreement To Be Contacted
By voluntarily providing your address, telephone number and email address, you agree to receive any future communications from CLARINS for any reason whatsoever via email, phone (regardless of what type) and/or mail until you unsubscribe to any email communications or otherwise request in writing via email to USA-beautycoachconnect@clarins.com. You agree that CLARINS shall have 10 business days from the receipt of your request to update its records and facilitate the termination of any such further communications with you and that any communications you may receive from CLARINS during the 10 business day time period from CLARINS’ receipt of your request shall not be a violation or any federal or state law.
21. Consent To Receive Text Messages
● ELECTRONIC COMMUNICATIONS AND SIGNATURES. The communications between you and CLARINS use electronic means, whether you use the Sites or send us emails, or whether CLARINS posts notices on the Sites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from CLARINS in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CLARINS provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights. You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by CLARINS, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms of Use 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 NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITES OR SERVICES OFFERED BY CLARINS. 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.
● You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Use.
22. General Provisions
We make no representations that the Content on the Sites is appropriate or available for use in any particular location. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Supply of goods, services and software through the Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Sites if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List, or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
23. Contacting Us
You may contact us regarding these Terms of Use or the Sites by emailing us at USA-beautycoachconnect@clarins.com.
24. Effective Date
These Terms of Use are effective as of the date shown at the top of these Terms of Use and shall remain in effect until modified and/or updated as provided above.
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