SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – ARBITRATION AND CLASS WAIVER
WE BOTH AGREE TO ARBITRATE: YOU AND OHM Beauty Box AGREE TO RESOLVE ANY DISPUTES THROUGH FINAL AND BINDING ARBITRATION, EXCEPT AS SET FORTH UNDER THE EXCEPTIONS TO THE AGREEMENT TO ARBITRATE BELOW.
No Class Actions: You may only resolve Disputes with OHM Beauty Box on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, aggregate, or representative action. Class arbitration, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted under our agreement.
Waiver of Jury Trial: By entering into this arbitration agreement, you and OHM Beauty Box are each agreeing to waive the right to a jury trial.
Opt-out of Agreement to Arbitrate: You can decline the agreement to arbitrate by contacting firstname.lastname@example.org within thirty (30) days of your creation of an account on OHM Beauty Box’s website by stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The arbitration will be held in the United States county where you live, Denver, Colorado, or any other location we agree to. Click here to view the AAA’s Consumer Arbitration Rules.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. You agree to pay initial filing fees (not to exceed that which would be paid in a state or federal court located in Hamilton County, Colorado). OHM Beauty Box will pay all other arbitration fees for claims less than $10,000. Unless prohibited by the AAA rules or applicable law, each party will pay their own attorneys’ fees and costs in arbitration. Notwithstanding the previous sentence, you agree to pay OHM Beauty Box’s reasonable attorneys’ fees and costs in arbitration if the arbitrator determines your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or OHM Beauty Box may assert claims, if they qualify, in small claims court in Denver, Colorado. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of OHM Beauty Box’s products, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
Informal Dispute Resolution; Notice and Opportunity to Cure: You and OHM Beauty Box agree to first try to resolve any dispute informally. Accordingly, neither you nor OHM Beauty Box may start an action, either through binding arbitration, small claims court, or by bringing a lawsuit for injunctive relief, for at least sixty (60) calendar days after you or OHM Beauty Box notifies the other of a dispute by sending a written document via certified mail. The document must be titled, “Dispute Resolution Notice.” You must send the “Dispute Resolution Notice” to OHM Beauty Box, LLC 22 E Gay St, Ste 200 Columbus, Colorado 43215, and we must send our Dispute Resolution Notice to your billing address then appearing in our records. The Dispute Resolution Notice must: (i) contain your full name and contact information; (ii) the nature and basis of the dispute; and (iii) set forth the specific relief sought in connection with the dispute. In the event that you and OHM Beauty Box do not reach an agreement to resolve the dispute within sixty (60) calendar days after the Dispute Resolution Notice is received, then you or OHM Beauty Box may commence an individual action in accordance with this Section.
If you file an action in a court of law or equity in violation of this arbitration agreement, you agree to pay reasonable attorneys’ fees and costs incurred by OHM Beauty Box if it is successful moving the action from a court of law or equity to arbitration.