Beauty Sunday LLC Terms of Use

Last Updated: May 25, 2023

Welcome, and thank you for your interest in Beauty Sunday LLC ("Beauty Sunday," "we," or "us") and our website at https://beautysunday.com, including subdomains of that website (collectively, the "Site"), the products available for purchase on our Site (the "Products") and other services available via our websites (together with the Site and the Products, the "Services"). These Terms of Use are a legally binding contract between you and Beauty Sunday regarding your access and use of the Services.

PLEASE READ THE FOLLOWING TERMS CAREFULLY, INCLUDING THE AGREEMENT TO ARBITRATE IN SECTION 9.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR ACCESS OR USE OF OUR SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS"), INCLUDING ANY ADDITIONAL TERMS (AS DEFINED BELOW IN SECTION 10.5). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES, AND BEAUTY SUNDAY’S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY BEAUTY SUNDAY AND BY YOU TO BE BOUND BY THESE TERMS.

As we update our Site and expand our Services, we reserve the right to modify these Terms without prior written notice at any time, in our sole discretion. Any changes will be in effect as of the "Last Updated" date referenced in the Terms. YOUR CONTINUED USE OF THESE SERVICES AFTER THE "LAST UPDATED" DATE WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH CHANGES.

  1. Use of Services.

    2. In accessing and using our Services, we ask that you meet certain eligibility and conduct requirements (in addition to other conditions described in these Terms).

    1. Eligibility. You must be at least 18 years old to use or order the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from any Services provided by Beauty Sunday; and (c) your use of the Services is in compliance with any laws, rules, regulations, codes of practices, guidelines, or any other requirements of regulatory authorities, as amended from time to time, within the jurisdiction in which you are a resident or from which you are using the Services. If you place an Order for any of our Services on behalf of an organization or company, you affirm you have the legal authority to bind such organization or company to these Terms.
    2. Your Conduct. BY ACCESSING OR USING THE SERVICES, YOU AGREE NOT TO:
      1. use the Services for any illegal purpose or in violation of any local, state, national, or international law;
      2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
      3. interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;
      4. interfere with the operation of the Services or any user’s enjoyment of the Services, including by uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code or interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
      5. perform any fraudulent activity including impersonating any person or entity, or claiming a false affiliation;
      6. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials (as defined below); or
      7. attempt to do any of the acts described in this Section 1.2 or assist or permit any person in engaging in any of the acts described in this Section 1.2.
    3. Modification of the Services. We reserve the right to modify or discontinue any and all features of the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. We may, at any time, suspend or terminate your right to use the Services, including access to your account or data. Beauty Sunday will have no liability for any change to the Services or any suspension or termination of your access to or use of the Services.
  2. Ownership; Licenses.

    3. Our Site and the Services available on our Site contain our proprietary information and intellectual property rights. We grant you a limited license to allow you to access and use our Site for personal use, so long as you continue to comply with our Terms.

    1. Ownership; Proprietary Rights. The Services are owned and operated by Beauty Sunday. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services ("Materials") provided by Beauty Sunday are protected by intellectual property and other laws. All Materials included in the Services are the property of Beauty Sunday or its third-party licensors. Except as expressly authorized by Beauty Sunday, you may not make use of the Materials. Beauty Sunday reserves all rights to the Materials not granted expressly in these Terms.
    2. Limited License. Subject to your complete and ongoing compliance with these Terms and the instructions we provide in connection with our Services, Beauty Sunday grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site. All references to our Site include all related content and any other materials used to implement and provide access to our Site, including updates, upgrades, enhancements, modifications, revisions, or additions to our Site we make available to you. These Terms do not grant you any ownership interest in or to the Services, but only a limited right of use that can be revoked according to these Terms.
    3. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, create derivative works of, or publicly perform the Services; (b) make modifications to or disable any features of the Services; (c) interfere with or circumvent any feature of the Services, including any security or access control mechanism; or (d) collect or harvest any information or data from the Services or attempt to decipher any transmissions to or from the servers running the Services, except to the extent allowed by applicable law. If you are prohibited under applicable law from using the Services, you shall not use it.
  3. User Content; Feedback.

    4. Some of our Services may allow you to share content to our Sites. You own your content, but we ask that you only post content you have a right to post and that do not violate any laws or others’ rights. By sharing your content with us or posting it publicly through our Site, you grant us a non-exclusive license to the content you post and share so that we may use it for purposes such as marketing. We are not responsible if any of your content or other data is lost, for how other users may use or interact with your content, or for other users’ content. Do not submit any information or other materials that you consider confidential or proprietary through the Site, any emails of Beauty Sunday employees or social media platforms for Beauty Sunday or Beauty Sunday’s employees.

    1. When you upload, transmit, create, post, display, email or otherwise provide any comments, messages, files, materials, data, photos, videos, media and other content ("User Content") on or through the Services, you hereby grant us an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, publish, publicly perform, and publicly display such User Content (the "User Content License") to the full extent allowed by applicable law. Do not submit any information or other materials that you consider confidential or proprietary through the Site, any emails of Beauty Sunday employees or social media platforms for Beauty Sunday or Beauty Sunday's employees.
    2. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services ("Feedback"), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant Beauty Sunday an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. You represent and warrant that you have all rights necessary to submit the Feedback.
    3. YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY US OR OTHER USERS). YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT, OR OTHERWISE AUTHORIZED TO GRANT US THE USER CONTENT LICENSE; (II) THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD-PARTY RIGHTS; (III) THE USER CONTENT WILL COMPLY AND CONFORM TO ALL APPLICABLE LAW.
  4. Third-Party Services. The Services may contain links to third-party websites or other content and services provided by third parties ("Third-Party Services"). Third-Party Services are not under Beauty Sunday’s control, and Beauty Sunday is not responsible for their content or liable for any damages or losses that are caused by any Third-Party Services.
  5. Terms of Sale.
    1. Account. When you start to place an order or pre-order for a Product from our Site (an "Order"), an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.
    2. Payment Methods. We use a third-party payment processor (the "Payment Processor") to handle credit card transactions. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By utilizing the Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms.
    3. Orders. Each Order that you submit to us constitutes an offer to purchase, and by submitting an Order for a Product, you agree to purchase that Product. We may verify certain items in your Order and reserve the right to limit, modify, deny or cancel all or part of an Order or a return request and may refuse to ship Products to you for any reason including: (a) if we detect suspicious or fraudulent activity in violation of these Terms or any additional terms specified on a product page or in a product description (including quantity limits); or (b) if you do not reside in a country from which Products may be purchased. All Products offered by Beauty Sunday are subject to availability.
    4. Delivery. We may not be able to deliver Products to all locations. If we do not ship a Product to the address you provided, you will be sent a notice. Any delivery dates or times provided by Beauty Sunday (or a delivery agent) are estimates only and are not guaranteed.
    5. Pricing. Pricing and shipping information will be displayed during the checkout process before you submit your Order. All prices and Products, even after you submit your Order, are subject to change for any reason.
    6. Errors, Inaccuracies, or Omissions. Beauty Sunday attempts to be as accurate as possible and eliminate errors on the Site. However, there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. If a product offered on the Site is not as described or pictured, your sole remedy is to return it in accordance with our Return Policy (described below). We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order), and your sole remedy in the event of such error is to cancel your order.
    7. Return Policy. All sales are final within the United States. If you are based outside the United States, please contact Beauty Sunday customer support via support@beautysunday.com for return options.
  6. Indemnity. To the fullest extent permitted by applicable law, you are responsible for your use of the Services, and you will defend and indemnify Beauty Sunday and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Beauty Sunday Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
  7. Disclaimers; No Warranties.
    1. The Products may be manufactured, in whole or in part, by a third party. Accordingly, we do not provide any warranties with respect to the Products offered on our Site. However, the Products may be covered by the manufacturer’s warranty as detailed in the Product’s description on our Site and included with the Product and you may have statutory rights for defective Products.
    2. THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. BEAUTY SUNDAY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BEAUTY SUNDAY DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BEAUTY SUNDAY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
    3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR BEAUTY SUNDAY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE BEAUTY SUNDAY ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES OR YOUR USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA.
      4. 4. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Beauty Sunday does not disclaim any warranty or other right that Beauty Sunday is prohibited from disclaiming under applicable law.
  8. Limitation of Liability
    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BEAUTY SUNDAY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BEAUTY SUNDAY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
    2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BEAUTY SUNDAY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE TOTAL AMOUNTS PAID BY YOU TO BEAUTY SUNDAY FOR THE PRODUCTS SOLD HEREUNDER.
    3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  9. Arbitration.

    10. Any dispute, controversy or claim arising out of, in relation to or in connection with these Terms or any Services (or the existence, breach, termination or validity thereof) shall be settled through binding arbitration administered by the American Arbitration Association ("AAA"), (a) in accordance with its Commercial Arbitration Rules, or (b) alternatively, should the AAA and the arbitrator determine that the AAA Consumer Arbitration Rules apply, in accordance the Consumer Arbitration Rules.

    1. Applicability. Notwithstanding the terms of this Section 9, you and Beauty Sunday may each: (a) seek interim measures in relation to an arbitration under this Section 9 in the federal or state courts of Suffolk County, Massachusetts; and (b) in instances in which the Consumer Arbitration Rules would apply, bring individual actions in small claims court in Suffolk County, Massachusetts as provided in the Consumer Arbitration Rules. In relation to Section 9.1(a) and (b), the parties hereby consent to personal and exclusive jurisdiction in the specified courts. Nothing in this Section 9.1 bars either of us from bringing issues to the attention of federal, state, or local agencies.
    2. Waiver of Class or Consolidated Actions. You and Beauty Sunday agree that any claim or dispute within the scope of this Section 9 shall be arbitrated on an individual basis and shall not be combined or consolidated with a dispute involving service provided to any other person or entity and shall not under any circumstances proceed as part of a class action. You and Beauty Sunday agree that the AAA Supplementary Rules for Multiple Case Filings shall not apply to any claim or dispute within the scope of this Section 9.
    3. Authority. Notwithstanding anything to the contrary in these Terms, this arbitration agreement and any arbitration conducted thereunder shall be governed exclusively by the Federal Arbitration Act, Title 9 United States Code ("FAA"), to the exclusion of any state or municipal law of arbitration. The arbitration shall be conducted before a single arbitrator. The arbitrator will have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages. The place (legal seat) of arbitration shall be Boston, Massachusetts. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof.
    4. Severability. If any part or parts of this arbitration agreement are found under applicable law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the arbitration agreement shall continue in full force and effect.
    5. Confidentiality. Except as may be required either by law (including securities laws, where applicable) or to enforce any award rendered by the arbitrator or seek relief pursuant to Sections 9.1(a) or (b), neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.
    6. Costs and fees. To the extent permitted under applicable law, the arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees. "Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, AAA administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees.
  10. Miscellaneous.
    1. General Terms. These Terms of Use, together with the Privacy Policy and any Additional Terms (defined below), are the entire and exclusive understanding and agreement between you and Beauty Sunday regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to". If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
    2. Term. These Terms are effective beginning when you accept the Terms or first access or use the Services, and ending when terminated as described in this Section 10.2. If you violate any provision of these Terms, your authorization to access the Services and these Terms automatically terminate. In addition, Beauty Sunday may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access the Services; and (c) Sections 2.1, 3.1, 3.2, 7, 8, 9 and 10 will survive.
    3. Governing Law. These Terms, any Services, and any dispute, controversy or claim arising out of, in relation to or in connection with these Terms and/or Services, are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles that would result in the application of the laws of another jurisdiction. Subject to Section 9, you and Beauty Sunday submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Suffolk County, Massachusetts for resolution of any lawsuit or court proceeding permitted under these Terms. With respect to the foregoing courts, you and Beauty Sunday hereby irrevocably and unconditionally waive, and agree not to assert, (a) any claim that they are not personally subject to the jurisdiction of such courts for any reason, and (b) that (i) the suit, action or proceeding in such courts is brought in an inconvenient forum, (ii) the venue of such suit, action or proceeding is improper or (iii) these Terms may not be enforced in or by such courts.
    4. Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
    5. Additional Terms. Your use of the Services is subject to our Privacy Policy all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services or that you agree to in connection with certain technology or services made available to you by or on behalf of Beauty Sunday or our third-party service providers (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
    6. Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
    7. Contact Information. The Services are offered by Beauty Sunday LLC, located at One Boston Place Suite 2600, Boston, MA, 02108. You may contact us by sending correspondence to that address or by emailing us at support@beautysunday.com.
    8. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
    9. No Support. We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.
    10. International Use. Our Sites can be accessed from countries or territories around the world and may contain references to Products or other Services that are not available in your country or territory. These references do not imply that we intend to announce such Products or other Services in your country or territory. The selection and availability of our Products and other Services may vary from location to location, device to device (because of technical limitations), and user to user. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited. The Products may be subject to import and export laws and regulations in the United States and elsewhere, which may include restrictions on destinations, users and end use, and you must comply with all such import and export laws and regulations that apply in connection with the Products.
    11. Severability. The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable and the remainder of these Terms of Use shall continue in full force and effect.