YOU MUST BE AT LEAST 13 YEARS OF AGE IN ORDER TO USE THIS WEBSITE. IF YOU ARE NOT AT LEAST 13 YEARS OF AGE, PLEASE DO NOT USE OR INTERACT WITH THIS WEBSITE.
This Agreement applies to all Site visitors and users of the Site or Refreshments Services (the Products and other Refreshments offerings). If you don't agree with any term or condition in this Agreement, please don't use the Site or any Refreshments Service. If you have any questions, please refer to the Site's FAQs
1. WELCOME TO Refreshments!
Refreshments offers essential personal care products (the “Products”) for sale, including through an automatically billed recurring monthly membership plan ("Membership"). Right now, we are only offering our Membership to IPSY members, however you can still purchase the Products on the Site without a Membership. Please visit IPSY to learn more about the Membership.
2. PRODUCT USE AND INFORMATION
Product Information: All of the Site's material and information is offered solely for personal educational or informational purposes. The information, materials, statements and services are not intended to diagnose, treat or prevent any condition or illness. Please use all products strictly in accordance with their instructions, precautions, warnings and guidelines. Please always check each product's ingredients to avoid potential allergic reactions. Minors may use goods or product obtained from the site only after the minor's parent(s) or guardian has discussed the product's use with the minor's physician or medical professional. Any statements offered about the products have not been evaluated by the United States Food & Drug Administration (unless otherwise specified), and any results reported may not necessarily occur in all individuals. The products are not intended for use in medical, life-saving or life-sustaining applications, nor for any application in which the product's failure could create a situation where personal injury or death may occur.
Accuracy of Information: Refreshments tries to provide accurate information on the Site but assumes no responsibility for the information's accuracy. We do not warrant that the product descriptions, details, colors or other content on the Site are accurate, complete, reliable, current, or error-free. The actual colors you see, for example, will depend on the device you are using to view the product and may not be accurate. The Site's reference to any goods, services, processes, activities or other information offered by other parties does not imply any endorsement or recommendation by Refreshments itself unless specifically stated otherwise. Our Site may contain inaccuracies or typographical errors and may not be complete or current. Refreshments reserves the right to correct any errors, inaccuracies or omissions (including after you have submitted an order) and to change or update information at any time without prior notice. We reserve the right to cancel or to decline to accept any order placed based on incorrect pricing or availability information, and we apologize for any inconvenience this may cause.
3. ELIGIBILITY TO USE THE SITE AND Refreshments SERVICES
General: You may access the Site from anywhere in the world without incurring any fees. However, if you want to purchase the Products, you will be required to pay for them.
Residency: The Site is available to anyone in the world, but the Products are only available to those residing in the United States and its territories. Please note that we may sell items or include products that are classified as ORM-D, which prevents us from shipping them to certain locations. We make no guarantee that you will be eligible to receive every product we sell or distribute.
Fees: It's free to use the Site, but if you want to purchase Products, you will be required to pay a fee.
Age: You are not authorized to access or use the Site or any Refreshments Service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and Refreshments Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user and will be responsible for any and all use of the Site and Refreshments Services by the individual under 18.
Refreshments' Right to Revoke, Suspend, or Restrict Eligibility: Refreshments reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Refreshments may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any Refreshments Service. If Refreshments bans you from the Site or any Refreshments Service, you may not return to the Site or use that Refreshments Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the Refreshments Service after you've been banned, you will be deemed to have breached this Agreement, and Refreshments reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.
Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify Refreshments of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. Refreshments will not be liable for any loss or damage arising from your failure to comply with this Section.
Account Transfer Prohibited: You may not transfer or sell your Refreshments account or username to any other party. You are fully responsible for all activity of your Refreshments account and username.
General Practices Regarding Site Use and Storage: You acknowledge that Refreshments may establish general practices and limits concerning Site use and storage. You agree that Refreshments has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that Refreshments may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.
You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.
User Content: You must own all User Content you submit to us or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities on the Site and you submit User Content at your own risk. Refreshments does not claim ownership rights in your User Content. When you submit User Content to Refreshments, you grant us a license to use such content, but you retain ownership.
Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold Refreshments harmless for any dispute concerning such re-posting. Refreshments assumes no responsibility for any third party's intellectual property infringement of User Content.
Trademarks: The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed on the Site or through the Refreshments Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the Site or through the Refreshments Services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed on the Site without our written permission or that of the third-party rights holder.
Prohibited User Conduct: You agree that while using the Site and Refreshments Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from Refreshments, its affiliates, or another user; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the Site; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site or Refreshments Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.
Information on the Site: We control and operate the Site from the United States. Refreshments does not control User Content postings to the remainder of the Site. The views expressed by other Users on the Site do not necessarily reflect or represent the views of Refreshments or its staff.
Refreshments reserves the right, but does not and shall not have an obligation, to monitor and review all User Content on the Site and to edit or remove any information or materials that are in violation of this Agreement or applicable law. Refreshments also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.
You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact Refreshments Customer Service at email@example.com. We will review your concerns in good faith. If you want us to remove User Content posted by you, please contact Refreshments Customer Service at firstname.lastname@example.org. We will remove your User Content as soon as reasonably possible. Please also review our Copyright and Intellectual Property Policy.
Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.
Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each Refreshments Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to Refreshments as each payment, if any, is due. You agree to pay all applicable taxes, if any. If Refreshments does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
Our total price for any Refreshments Service involving your purchase of a Product will include the price of the Product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with Refreshments and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable.
Unless otherwise indicated, our total price for any Refreshments Service involving your purchase of a Product will include shipping and handling fees.
Risk of Loss: A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.
Warranty Disclaimer: REFRESHMENTS AND REFRESHMENTS' OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND REFRESHMENTS SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. REFRESHMENTS AND REFRESHMENTS' OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM REFRESHMENTS TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE THAT YOUR USE OF THE SITE, THE REFRESHMENTS ONLINE COMMUNITY, AND THE REFRESHMENTS SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT REFRESHMENTS HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
Liability Limit: IN NO EVENT SHALL REFRESHMENTS OR REFRESHMENTS' OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR REFRESHMENTS SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF REFRESHMENTS AND REFRESHMENTS' OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO REFRESHMENTS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity: YOU AGREE TO INDEMNIFY AND HOLD REFRESHMENTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. REFRESHMENTS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH REFRESHMENTS' DEFENSE OF SUCH CLAIM.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND REFRESHMENTS HAVE AGAINST EACH OTHER ARE RESOLVED.
If a dispute arises between you and Refreshments, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our customer support team at email@example.com. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and Refreshments each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either Refreshments or you do not like the arbitrator's decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND REFRESHMENTS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND REFRESHMENTS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Exceptions to Agreement to Arbitrate.
We all agree that we will go to court to resolve disputes relating to:
a. Your or Refreshments' intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
b. Any claim made in small claims court either in Santa Clara County, California, in the country where you live, or some other place we both agree on, if it qualifies to be brought in that court.
No Class Actions.
We all agree that we can only bring a claim against each other on an individual basis.
c. Neither you nor Refreshments can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
d. The arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
e. The arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.
The Arbitration Process.
The American Arbitration Association (AAA) will manage the arbitration between you and Refreshments, and AAA's rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA's rules and procedures, then we will follow these Terms instead. You can look at AAA's rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
You are allowed to select the arbitration location as being in the county or province where you live or in Santa Clara County, California. We can also choose a third location if we mutually agree.
If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person. You can have a hearing by phone. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.
While most arbitrators render a verbal decision, both you and Refreshments have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, Refreshments and/or you can ask a court to confirm it. In some very limited circumstances, we may be allowed to ask a court to change the decision or award. This is information you will be provided should the arbitration process prove unsatisfactory.
If your claim is for $10,000 (US) or less, Refreshments is open to paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA. You must tell the AAA at the time you begin the arbitration proceeding. Refreshments will be notified of your request.
If your claim is for more than US $10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, Refreshments will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for you.
We won't try to have you pay us back for covering your fees and we won't try to make you cover our fees unless the arbitrator decides that your claims are frivolous and it is fair to make you do this under the circumstances.
The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether these dispute resolution provisions regarding arbitration and class action can be enforced and how they should be interpreted.
Apart from that, if you are U.S. resident, these terms and our relationship will be governed by California law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms of Service and our relationship will be governed by English law, except for its conflicts of laws principles.
Choice of Law: This Agreement shall in all respects be governed by the laws of the State of California and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and Refreshments' failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.
Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency: You and Refreshments are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to Refreshments must be given by postal mail to Refreshments, Attention: Legal Department, 201 Baldwin Ave. San Mateo, CA 94401. Any notice to you may be given: (1) to the email address you provide to Refreshments during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to Refreshments, in which case notice will be deemed sufficient three days after the mailing date.
For intellectual property issues, please provide notice as specified in Refreshments' Copyright and Intellectual Property Policy.
You acknowledge that the Refreshments products may be subject to U.S. and international import, export, and re-export laws and regulations, including the U.S. Export Administration Regulations (EAR) maintained by the U.S. Department of the Treasury’s U.S. Department of Commerce and trade and economic sanctions maintained by the Office Of Foreign Assets Control (OFAC). You agree to comply with all relevant import, export, and reexport control laws and regulations. Specifically, you agree not to, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise make available Refreshments product in contravention of U.S. law or to any destination, entity, or person or for any use prohibited by the laws or regulations of the United States or applicable international authority, without obtaining an export license or other governmental approval as required by those laws and regulations.
Currently, Refreshments is only shipped to addresses in the U.S., U.S. Territories, and APO/FPO addresses. Due to U.S. trade embargoes and sanctions, Refreshmsnets does not accept orders from or ship products to individuals or entities whose names appear on OFAC’s list of specially designated nationals (“SDN List”) and, when prohibited, OFAC’s Sectoral Sanctions Initiatives list (“SSI” list) and the Commerce Department’s Denied Persons List (“DPL”), Entity List, and Unverified Parties List.
Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.