Exabeauty.com (the “Website”) is maintained and operated by Eco-Chic LLC d/b/a Exa™ (“we”, “us” or “Exa”).
NOTE THAT THE ARBITRATION PROVISION BELOW REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST EXA™ AND OUR AFFILIATES ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
Use of the Website:
Any other use of the Website requires the prior written consent of Exa™. Products made available through this Website may be provided by third parties who are not affiliated with Exa™. All questions or inquiries regarding such products should be addressed to the product manufacturers. Reliance on any information provided on the Website is solely at your own risk.
If you have any questions or concerns about medical or health issues, you should contact a medical professional prior to using any products purchased on the Website.
Registration; User Names and Passwords:
You may be required to register with Exa™ in order to purchase products or otherwise use certain features of the Website. Registration may require you to submit a user name and password. We may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Website, and you agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Website, to any third party. You are fully responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with the Website that occur in connection with your user name. You agree to immediately notify Exa™ of any unauthorized use of your user name or password or any other breach of security related to your account, your user name or the Website, and to ensure that you "log off" and exit from your account with the Website (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
- use the Website for any illegal purpose;
- use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Website;
- frame portions of the Website within another website or establish links from any other website to any page of the Website other than the homepage
- reverse engineer, disassemble or create any derivative work of the Website; or
- resell use of, or access to, the Website to any third party without our prior written consent.
You agree not to post, transmit, or otherwise make available through or in connection with the Website:
- any information or materials that are or may be, or the posting, transmission or use of which is or may be: (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory or libelous; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic or otherwise objectionable; or (v) impersonating another person or protected by copyright, trademark, trade secret, right of publicity or privacy or any other third party proprietary right;
- any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking;"
- any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved by Exa™ in advance; or
- any personally identifiable information of another individual, without the prior consent of such individual.
Forums and Submissions:
Exa™ may offer features through the Website that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in the Unauthorized Use provision above apply to the Forums. Additionally, without Exa’s express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other Exa™ Website visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Forums or otherwise through the Website ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Exa™ without restriction. You grant to Exa™ the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the Website complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the Website. The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of Exa™, and Exa™ does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Website at any time if we deem removal to be warranted. Removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that Exa™ has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
The Website may include a review system operated by third party contractors. We reserve the right to reject any review for any reason. Third party reviews reflect the opinions of such third parties and do not necessarily reflect the views and opinions of Exa™. Reviews are designed for product performance only, and comments relating to customer service, delivery, and other matters are not acceptable.
Digital Millennium Copyright Act
We respect the intellectual property rights of others, and require that the people who use our Website and products do the same. If you are a copyright owner and believe that any content posted on the Website infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our DMCA designated copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Exa™ DMCA Copyright Agent
1169 Gorgas Ave, Suite A
San Francisco, CA 94129
All transactions made through the Website are subject to our acceptance in our sole discretion. Exa™ reserves the right, with or without prior notice:
- to change product or service descriptions, images and references;
- to limit the available quantity of any product or service;
- offer samples or special pricing of any product or service;
- to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion;
- to prevent or prohibit any user or customer from making any or all transaction(s); and/or
- to cancel any order or refuse to provide any user or customer with any product or service.
Price and availability of any product or service offered through the Website are subject to change without notice, and Exa™ shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to Exa’s refund policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchases.
While Exa™ uses reasonable efforts to include up-to-date information on the Website, Exa™ makes no warranties or representations as to its accuracy or completeness. Exa™ assumes no liability or responsibility for any errors or omissions in the content on the Website. Your use of the Website is at your own risk. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EXA™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR PRODUCTS AVAILABLE THROUGH THE WEBSITE. FURTHER, EXA™ DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXA™ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXA™ SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR THE PRODUCTS AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL EXA™ BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL EXA™ BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Limitation of Liability:
IN NO EVENT SHALL EXA™, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE EVEN IF EXA™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. EXA™ IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. EXA™ IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL EXA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE WEBSITE.
Our shipping terms for new orders may change at any time.
We currently do not ship outside of the U.S. We only accept USD.
Governing Law; Venue:
PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and Exa™ agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by these Arbitration Provisions. To file an arbitration demand and review the AAA Rules, you can go to the AAA’s website www.adr.org, or call the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, you and Exa™ will mutually agree to, or the court shall select, another arbitration provider. The arbitration will be conducted by telephone, videoconference, or in-person in the county of your residence (as determined by your billing address on file in your Exa™ account) as mutually agreed upon by you and Exa™. If you live outside the United States, any arbitration will take place in San Francisco, California. Unless the arbitrator finds some or all of your claims to be frivolous, without merit or otherwise non-reimbursable, Exa™ will pay all filing, administrative, arbitrator and hearing costs up to the amount of $10,000. In determining whether an action is frivolous, the arbitrator may consider whether Exa™ offered you a full refund of the sum you paid for any items you purchased, or otherwise offered full relief to you in relation to your individual claim.
Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Exa™ also agree waive the right to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
Intellectual Property Disputes. If you have in any manner violated or threatened to violate any of Exa’s intellectual property rights, we may bring suit in any state or federal court in the State of California. You consent to exclusive jurisdiction and venue in these courts.
Last updated on March 5, 2020.