Policies & Terms
LIABILITY WAIVER
The undersigned waives any and all claims, liabilities or actions that the undersigned may have against Brush and Exfoliate, any of its parents, subsidiaries or other affiliates and any of their respective officers, directors, employees, agents, successors, and assigns( “Brush and Exfoliate”) for any personal injury (and no such person or entity shall be liable to the undersigned, the undersigned’s spouse, children, unborn children, other family members, guests or invitees for any personal injury), including, without limitation: {I} Injuries arising from the participation in supervised or unsupervised activities and programs in any Brush and Exfoliate facility, {II} Injuries arising from Brush and Exfoliate’s negligence, whether direct or indirect; {III} Injuries, disease, infection or medical disorders resulting from massage therapy, Hydro Facial, LED Light therapy, facials, lounge services and the use of Brush and Exfoliate facilities including movement studio facilities, vanity areas, restrooms, lounge, and event space. The undersigned also waives all claims against Brush and Exfoliate, any of it’s parents, subsidiaries, or other affiliates and any of their respective officers, directors, employees, agents, affiliates, successors and assigns for any claims the undersigned may have under any of the state’s consumer protection statutes. The provisions of this paragraph shall survive the termination of the undersigned’s massage, facials, LED Light therapy, and all other services. The undersigned also agrees to indemnify Brush and Exfoliate for any such claims.
I agree to update any changes to the information provided herein prior to any current and future treatments. I acknowledge and understand that all treatments such as massage, LED Light therapy, and all other services are not intended to diagnose, treat, cure or prevent any disease or illness.
INDIVIDUAL’S FINANCIAL RESPONSIBILITY
I understand that I am financially responsible for any service performances and if applicable my health insurance deductible, coinsurance or non-covered service. Co-payments are due at time of service. If my plan requires a referral, I must obtain it prior to my visit. In the event that my health plan determines a service to be “not payable”, I will be responsible for the complete charge and agree to pay the costs of all services provided. In all circumstances, I agree to pay for every and all services rendered to me at the completion of the service.
I further understand that cancellations less than 24 hours before your appointment or missed appointments are subject to a cancellation fee of 100% of the amount of the treatment you have reserved. I hereby further agree to be in compliance with all Brush and Exfoliate policies posted on brushandexfoliate.com.
Cancellation Policy
Full Charge for any appointment(s) canceling within 24 hours of the schedule.
If we are unable to reach you on the day within 15 minutes of your booked appointment time. We will charge the credit card on file 100% of the service.
Membership
See "Terms and Conditions" under membership page.
Product Return Policy
We accept returns for store credit only within 7 days of purchase for products that are unused, undamaged, and unopened in the original packaging and with proof of receipt.
Simply bring your item and your receipt to our urban sanctuaries and one of our concierges will assist.
Arrival
Make sure to complete your treatment intake forms such as facial forms that are in the links in your new client welcome email prior to your visit. If you are not able to fill out forms beforehand, please arrive 10 minutes early to complete them.
Please be advised that Brush and Exfoliate is a wellness sanctuary and there is no shower facility on site.
Parking Overall
There is ample street parking around our location, but please note that urban city parking is in high demand.
Personal Matters
Please inform us of any health conditions by filling out your intake form. If you haven't received your intake form please reach out to us.
Personal Items
Brush and Exfoliate is not responsible for loss or damage of any personal belongings. Please keep your personal/valuable items securely in your possession at all times.
Gift Cards
Gift cards can be purchased online via electronic delivery or in person in our sanctuaries via physical paper delivery.
For online purchase(s), please use www.brushandexfoliate.com is not responsible for loss or damage of any personal belongings. Please keep your personal/valuable items securely in your possession at all times for gift card for services and www.brushandexfoliate.com for gift cards for products.
Please note that gift cards are not refundable.
Payment Methods
Brush and Exfoliate accepts cash, Zelle, Venmo, Cashapp, and brush and exfoliate gift cards. No personal checks or money orders are accepted at this time.
Before your scheduled appointment:
Please check your email for brush + exfoliate suite location.
Do not arrive to your appointment on an empty stomach.
There are toxins in your muscles which will be released during massage treatment and not eating may lead to nausea, as well as becoming lightheaded.
Avoid caffeine.
Avoid alcohol (light or heavy drinks).
During your scheduled appointment:
Please keep conversation to a minimum during treatments to maximize relaxation.
After your scheduled appointment:
Look for your personal belongings as brush + exfoliate are not responsible for loss or storage of personal belongings.
Try not to do a big workout immediately after your session.
Drink plenty of room temperature water or hot/warm water.
Post massage, your body needs to detoxify and it’s highly important to stay hydrated.
PRIVACY POLICY
Brush and Exfoliate, and its affiliated entities (collectively, the foregoing entities are referred to as “Brush and Exfoliate”, “we” or “us” in this Privacy Policy) and is committed to protecting your privacy. The purpose of this Privacy Policy is to inform you about the types of information we gather about you, how we may use and share that information, specific use controls, and how we safeguard the information. The Privacy Policy applies to information collected through our website(s), e-commerce activities, social media, catalog, services booking web platforms and retail.
Information You Provide to Us
When you provide us with information through this website, ecommerce activities, catalog transactions or retail transactions, we may collect various information including your name‚ email address‚ mailing address‚ shipping address‚ phone number‚ user name, date of birth and payment card information. In addition, we may collect the information you provide us through various social media services, sweepstakes, contests or joint promotions with partners.
There may also be times where you provide us with information in the course of our marketing or customer service activities, such as using our customer service help desk, submitting a testimonial, or rating, or providing product or service feedback.
In addition, we may also collect non-personally identifiable information, such as IP addresses (which identify your device), pages viewed, computer type, screen resolution, operating system version, Internet browser type and version, information collected through cookies, pixel tags, web beacons, and other technologies, and other data (“Non-Personal Information”). Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose. Non-Personal Information will be retained only for so long as to fulfill a legitimate business need.
We may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our customers who live in a particular area (“Aggregate Information”). In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined, and may aggregate any information collected in a manner which does not identify any individual.
Information from Other Sources
In order to improve our products, services or marketing efforts, we may collect information about you from third party sources. The information may include demographic information, psychographic information, and geographic location-based information. These third-party sources may include public record databases‚ social media platforms‚ marketing data providers‚ data sharing cooperatives‚ and others.
Automatically Collected Information
When you visit our website or retail store, read our emails or interact with our marketing partners, we may collect certain types of technology-specific information from you. This information will help us optimize your visit, merchandise our products, and track the performance of our marketing efforts.
Existence of Automated Decision-Making:
We may use automated decision-making processes to personalize the Website to enhance your shopping and consumer experience on our Website (for example, by recommending certain products to you) or, if you have opted into receiving promotional material from us, to send you personalized promotional emails. We do not believe any of these automated decision-making processes will produce legal effects concerning our users or similarly significantly affects our users.
Creating or Connecting Your Account With Social or ‘Single Sign-On’ Services
We may enable you to register or connect your social media or other service accounts with our registration and account management process. This may include your consent to share your information associated with a third-party service such as Facebook or Google. Once connected‚ you will be able to use this information for Brush and Exfoliate transactions, or potentially to post Brush and Exfoliate content on the third-party website. Please note that any information or content that you post to a third-party website will be subject to that website’s own Privacy Policy. Should you consent to share information through these services with us, then we may also access and use information from your third-party social network profile‚ such as your name‚ location‚ profile picture and information‚ gender‚ list of friends‚ friends’ profiles or postings‚ email address‚ wall postings and news feed.
Use of Your Information
Brush and Exfoliate will primarily use your information to provide our products and services, and to complete core business functions such as authentication, order fulfillment‚ internal business processes‚ marketing‚ loss and fraud prevention‚ and legal functions. Here are some of the ways we use your information:
Fulfill your product orders; Respond to your requests for information, including regular email communications through newsletters or promotions; Complete your account registration; Administer marketing promotions through advertising, sweepstakes, and contests; Combine information we collect with third-party information to better understand our customers, and conduct more relevant marketing or advertising; Conduct market research through surveys, analytics or other interactions; Connect with social media or other tools to enable you to engage with friends or others; Provide customer service and alert you to product information‚ including potential recalls; Help us improve our products or services; Protect the security or integrity of our business.
We use Personal Information to process and fulfill any orders that you have placed, contact you about our products and services, send you our catalog, personalize your experience with us including by presenting products or offers tailored to you, and allow you to use, communicate and interact with others on our Website, including our product review system. This may include sharing information with third parties that provide us with services such as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, information technology services, customer service, e-mail delivery services, credit card processing, auditing, training, and other similar services. These third parties may have access to Personal Information necessary to perform their functions but may not use it for other purposes.
Website and Marketing: We may use Aggregate Information to improve and enhance your experience on the Website and for our market research activities. For example, we may share Aggregate Information with unaffiliated third parties, such as business partners, site analytics vendors, manufacturers, distributors and retailers, in an aggregate, anonymous form, which means that the shared information will not contain nor be linked to any Personal Information. We may also share your Personal Information with third party service providers in order to improve our marketing and advertising activities. As Necessary: We may disclose Personal Information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. Additionally, if we, or substantially all of our assets, were acquired by a third party, or if we go out of business or enter bankruptcy, user information will be considered an asset of ours and may be transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of user information may use your information per this Privacy Policy. Mailing List: In order to maintain our mailing list, we may combine information you give us online, in our stores or through our catalogs along with information that is publicly available and/or provided by our third party service providers or another company. We may also share your information with or lease information from other companies offering products or services that may be of interest to you. If you received our catalog or other marketing materials and don’t know why, we may have received your information from another company. If you do not want to receive mailings or other marketing materials from us or if you do not want us to share your Personal Information with other companies, please contact brush.and.exfoliate@gmail.com
Distributors and Other Offers:We may at times share our customers’ email addresses with distributors, manufacturers and/or other service providers that we believe will be of interest to the Brush and Exfoliate audience. From time to time, we may give you the opportunity to opt in to participate in special third party offers that require us to share certain Personal Information with such third parties. We will disclose this anticipated sharing of Personal Information at the time we make such opportunities available to you. If you opt in to participate in such an offer, we may disclose your Personal Information to such third parties for their direct marketing purposes. We recommend that you consult such third parties' privacy policies in advance if you wish to participate in these offers.
Information Disclosure
We may disclose information we collect with third parties for the following purposes:
Operational Service Providers In order to fulfill our products and services, we may use payment processors‚ shipping agents‚ product fulfillment services‚ marketing service providers such as email and web analytics, and companies that help us improve our website, retail, catalog or other service offerings. With any of these providers, we require them to secure your information from unauthorized access, and prohibit these services from using the information for their own independent marketing purpose.
Catalog Marketing Services Brush and Exfoliate participates in a cooperative network with other mail-order catalog providers. As a result, we may share your postal address and related customer information with carefully selected companies who may offer you complementary products and services. As noted in the ‘Controls’ section below, you may opt-out of this type of information sharing at any time.
Legal, Regulatory or Other Necessary Purposes
If we receive a valid subpoena or regulatory inquiry, we may be compelled to share your information with relevant authorities, courts or other officials. We may also provide information to third parties if we need to protect or defend our legal rights‚ property or operations such as combating fraud.
Business Transfers
As Brush and Exfoliate continues to develop, we may buy, sell or combine with other businesses. If so, any information that we or other businesses have collected may be transferred as part of the transaction. If we sell any part of our business, you consent that your customer information may be included with the sale of our other business assets.
Email and Telephone Communications
Within each commercial email, we include an unsubscribe link that you can follow to opt-out, or potentially reduce the frequency of emails you receive from us. We process opt-outs immediately, but it may take up to 10 business days if there is a technical challenge. Even if you opt-out, we may still communicate with you for transactional purposes such as receipts, shipping notices, customer service‚ product or service recall, health or warranty alerts. We may also contact you from time to time via telephone regarding customer service inquiries pertaining to your orders
Online Advertising
You may block Brush and Exfoliate and third-party cookies on this website through your browser controls, but if you do so, we may be unable to remember your shopping cart or personalize your account. We work with numerous third-party advertising services who assist with our various online display and social advertising campaigns. These services may use your browsing history from this website or customer information to serve Brush and Exfoliate targeted ads to you on other websites. You may also choose to delete your cookies associated with this website, but if you do so, you will need to repeat the opt-out process.
Cookies:
“Cookies” are pieces of information that may be placed on your computer by a Website for the purpose of facilitating and enhancing your communication and interaction with that Website. We may use cookies to customize your visit to the Website and for other purposes to make your visit more convenient or to enable us to enhance our service. For example, cookies allow us to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location, or demographic information. Cookies also allow us to keep track of items you add to your shopping cart. Many websites use cookies for these purposes.
There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. We use different types of cookies on our Website. We use cookies that allow customers and members to remain logged in to our Website, that keep track of items in your online shopping cart and user actions, and that recognize your Website preferences and user attributes.
You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Website, but it may interfere with some of its functionality. We do not use cookies to retrieve personal information from your computer for purposes that are unrelated to the Website or your interaction with the Website.
Clickstream:
As you use the Internet, a trail of electronic information is left at each Website you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a Website's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the Website from which you linked to the Website. We may collect and use clickstream data as a form of Aggregate Information to anonymously determine how much time visitors spend on each page of our Website, how visitors navigate throughout the Website and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Website and our services. Any collection or use of clickstream data will be anonymous and aggregate, and will not intentionally contain any Personal Information.
Site Analytics:
We may work with third-party service providers who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Website.
Social Network and Interactive Tools:
Certain features on our Website may give you an opportunity to interact with us and others. These may include blogs, message boards, messaging functionality, chat functionality, and creating community profiles. When you use these features you should be aware that any information you submit, including your name, location and e-mail address, may be publicly available to others. We are not responsible for any information you choose to submit through these interactive features and we strongly discourage you from disclosing any sensitive Personal Information (such as health or credit card information) through these features. If you use these features, your Personal Information may remain on the Website even after you cease use of the Website.
Catalog Mailings
As noted, we may share your postal address with complimentary mail-order catalog companies. If you would like to opt-out of this information sharing and from receiving Brush and Exfoliate catalogs, please send us an email at brush.and.exfoliate@gmail.com. Please note it may take 1 to 2 weeks to process your opt-out request.
We may retain your information even after you have made opt-out choices if we deem it necessary to comply with our regulatory or other legal obligations, resolve disputes, maintain security, prevent fraud, or maintain your suppression status. We also may also retain anonymous or otherwise de-identified information indefinitely.
Other Websites:
Our Website may contain links to other Websites not maintained by Brush and Exfoliate. Other Websites may also reference or link to our Website. The inclusion of a link on the Website does not imply endorsement of the linked site by us. We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with our Website, or for the privacy practices of third-party Internet advertising companies. We encourage you to be aware when you leave our Website, or surf the Internet, and to read the privacy statements of each and every Website that you visit.
Information Security
The security of your personal information is important to us. We maintain physical, electronic, and procedural safeguards to secure your personal information. We use security measures consistent with industry standards, such as firewalls and encryption technology such as Secure Sockets Layer (SSL), to protect your information. However, we cannot guarantee the security of our website or service providers, nor can we guarantee that information you supply won't be intercepted while being transmitted.
Visitors From Outside The United States:
The Website is hosted in the United States. If you are visiting our Website from outside the United States, your information may be transferred to, stored in, and processed in, the United States or any other country where we or our affiliates, subsidiaries, or third-party service providers maintain facilities.
The European Commission has not determined that the United States ensures an adequate level of protection for Personal Information. The data protection and other applicable laws of the United States or other countries may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. Your information may be available to government authorities under lawful orders and law applicable in such jurisdictions.
By providing us with Personal Information, you consent to the storage or processing of your Personal Information in the United States and acknowledge that the Personal Information will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your Personal Information. By using the Website and/or providing personal data to us, you also consent to transfer, storage, and processing of your information as described in this Privacy Policy. We will protect the privacy and security of Personal Information according to this Privacy Policy, regardless of where it is processed or stored.
Privacy of Minors:
We do not intentionally collect or maintain information from persons under the age of 13. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records. We also recommend that parents monitor their children’s Internet activities and learn and employ software or other tools that can help their children enjoy their online experience without compromising their personal safety or allowing them to use the Internet in a manner inconsistent with their parent/guardian’s preferences.
California Privacy Rights:
California law permits users who are California residents to request and obtain from us once a year, free of charge, information regarding (i) the categories of personal information collected, (ii) the categories of sources for the personal information collected, (iii) the business purpose for collecting that information, (iv) the categories of third parties with whom Brush and Exfoliate shares that information, (v) the specific pieces of personal information Brush and Exfoliate collects about the consumer, and (vi) whether Brush and Exfoliate sold or disclosed the personal information for a business purpose, Brush and Exfoliate will also provide two separate lists disclosing: a) sales, identifying the personal information categories that each category of recipient purchased; and, b) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
If you are under 18 years of age please do not use the Site. If you are under 18 years of age and already have an account, believe we have collected your personal information, or are the parent or guardian of a minor under 18 years of age with an account or information collected by us, please inform us at brushandexfoliate@gmail.com or PO Box 720146 , San Francisco, CA 94110.
Any user may request the discontinuation (or opt-out) of our sharing of the information with third parties and/or that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your California Privacy Rights Request (see below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. Debug products to identify and repair errors that impair existing intended functionality. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.) ("CCPA").Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. Comply with a legal obligation. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Please submit any requests (“California Privacy Rights Request”) by:
emailing us at brush.and.exfoliate@gmail.com with a subject line of “Your California Privacy Rights” sending us a letter to addressed to Brush and Exfoliate, PO Box 720146 , San Francisco, CA 94110.
For each California Privacy Rights Request, please clearly state the following:
sufficient detail of your request such that it allows us to properly understand, evaluate, and respond to it;that the request is related to "Your California Privacy Rights;"your name, street address, city, state, zip code, and email address; andwhether you prefer to receive a response to your request by mail or email.
We cannot respond to your California Privacy Rights Request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Brush and Exfoliate is not responsible for a California Privacy Rights Request that is incomplete, incorrectly labeled, or incorrectly sent. Making a California Privacy Rights Request does not require you to create an account with us. It may take us up to 45 days to process your California Privacy Rights Request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.Provide you a different level or quality of goods or services.Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
International
Brush and Exfoliate distributes products internationally. Orders requiring international shipping can be placed online in our website or over the phone by calling our Customer Care during business hours. The international shipping fee may varies depending on location. All international sales are final.
Communications with Brush and Exfoliate:
By providing your email address to Brush and Exfoliate, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or by other third party manufacturers, services and/or distributors that Brush and Exfoliate believes will be of interest to its audience. If you receive an unwanted email from us, you can simply reply and ask not to receive future emails. We also give you the option to remove your personal information from our list of active users completely. All unsubscribe or opt-out requests should be sent to us at brush.and.exfoliate@gmail.com we will process your request within a reasonable time after receipt. We are not responsible for removing your personal information from the lists of any third party who has been provided your information in accordance with this policy, such as a business partner.
Changes to this Privacy Policy
We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time by posting the updated policy here. Your continued use of the Website following the posting of any changes to this policy means you accept such changes. If you are concerned about potential changes in our Privacy Policy, you should check for updated version each time you use the Website. You are also advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact us
Please contact us at any time. If you have questions or concerns about this Privacy Policy, please email us at brush.and.exfoliate@gmail.com
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This privacy policy was last updated on April 15, 2020. Please always check the privacy policy under brushandexfoliate.com for latest updates.
TERMS OF SERVICE
ACCEPTANCE OF THE TERMS OF USE
Brush and Exfoliate. and its subsidiaries and affiliates (collectively, “Brush and Exfoliate”, “we” or “us”) strive to satisfy and delight our customers. We have created this site (the “Website”) to further our goal of providing you with the highest quality products and services. The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms of Use”) apply to your use of this Website, including any content, functionality and services offered on or through this Website, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use this Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.brushandexfoliate.com, incorporated here by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes will apply prospectively only. Any changes to the dispute resolution procedures set forth below in Governing Law and Jurisdiction shall not apply to any disputes for which the parties had actual notice as of date the change was posted on the Website Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
Accessing the Website and Account Security
By using this Website, you represent and warrant that you are 18 years of age or older.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Website.
You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use, and that they comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Brush and Exfoliate of any unauthorized use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Brush and Exfoliate, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Website for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Brush and Exfoliate. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except to:
Store copies of such materials temporarily in RAM. Store files that are automatically cached by your Web browser for display enhancement purposes. Print a reasonable number of pages of the Website for a permitted use.
You must not:
Modify copies of any materials from this Website. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website. You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access the Website or use the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the BrushandExfoliate. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Registration
You may be required to register with Brush and Exfoliate in order to purchase products and services 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 Brush and Exfoliate 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.
We reserve the right to deactivate your account without notice to you if we determine you have violated these terms of use, have not logged on to the Website in over one year, or we determine that you have multiple accounts for the same individual.
Unauthorized Use
These terms of use provide you with a limited license to use the Website.You may not:
use the Website for any illegal purpose; use, copy, store, reproduce, transmit, distribute, display, modify, or commercially exploit the Website in any manner not expressly permitted in these terms of use; 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; take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these terms of use; 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 Brush and Exfoliate in advance; or any personally identifiable information of another individual, without the prior consent of such individual.
Online Forums and Submissions
Brush and Exfoliate may offer features through the Website that enable you to post information and materials publicly, for example, bulletin boards, review sections, blog post 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 Brush and Exfoliate’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 Brush and Exfoliate 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 Brush and Exfoliate without restriction. You grant to Brush and Exfoliate 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 Brush and Exfoliate, and Brush and Exfoliate 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 Brush and Exfoliate 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.
Product Offerings:
All transactions made through the Website are subject to our acceptance in our sole discretion. Brush and Exfoliate 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; 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 and service offered through the Website are subject to change without notice, and Brush and Exfoliate shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to Brush and Exfoliate’s 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.
Brush and Exfoliate Trademarks and Copyrights
This Website is owned and operated by Brush and Exfoliate and, unless otherwise noted, Brush and Exfoliate owns the copyright in all materials provided herein. All trademarks, related names, related brand dress, logos, emblems, symbols product and service names, designs and slogans, and all combinations, forms and derivations thereof as are currently or hereafter used by Brush and Exfoliate, whether or not such marks are currently registered, are trademarks of Brush and Exfoliate unless otherwise noted. You must not copy, reproduce, republish, upload, post, transmit, distribute or use any material from this Website without the prior written permission of Brush and Exfoliate. You may not use any logo of Brush and Exfoliate as a “hot” link to any other website unless the establishment of such link is approved by Brush and Exfoliate in advance and in writing. Nothing is this Agreement should be construed as granting, whether by implication, estoppel or otherwise, any license or right to use any trademarks displayed on the Website without the express written permission of Brush and Exfoliate or the trademark owner.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation. To impersonate or attempt to impersonate Brush and Exfoliate or a Brush and Exfoliate employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or usernames associated with any of the foregoing). To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Brush and Exfoliate or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. Use any robot, spider or other automatic devices, process or means to access the Website for any purpose, including to monitor or copy any of the material on the Website. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials, including, without limitation, comments, opinions, suggestions, text, stories, statements, likenesses, video and audio recordings or photographs and all derivative works, adaptations or variations thereof (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary and you hereby unconditionally grant to Brush and Exfoliate a worldwide, non-exclusive, transferable, royalty free, perpetual irrevocable right and license to use, copy, distribute and disclose to third parties any such material for any purpose.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant Brush and Exfoliate and its affiliates the license granted above.
You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold harmless of Brush and Exfoliate and its affiliates and licensors for any breach of that representation and warranty. All User Contributions that do not comply with these Terms of Use and Content Standards may be expelled from and refused access to the Interactive Services going forward. Brush and Exfoliate or its designated agents reserves the right to remove or alter any User Contribution at any time for any reason or no reason.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Brush and Exfoliate, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by Brush and Exfoliate, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Brush and Exfoliate. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website. If you believe that any User Contributions violate your copyright, please see our Copyright Policy at www.brushandexfoliate.com for instructions on sending us a notice of copyright infringement. It is the policy of Brush and Exfoliate to terminate the user accounts of repeat infringers.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other rights, threatens the personal safety of users of the Website and the public or could create liability for Brush and Exfoliate. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS Brush and Exfoliate FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Brush and Exfoliate DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Brush and Exfoliate OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Content Standards
These content standards apply to any and all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.
Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, threatening, degrading, offensive, harassing, intimidating, violent, hateful, inflammatory or otherwise objectionable. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy Be likely to deceive any person. Promote any illegal activity, or advocate, promote or assist any unlawful act. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. Give the impression that they emanate from us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Changes to the Website
We may update the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We may change the Website at any time with or without notice. We may suspend access to the Website, or close it indefinitely.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy www.brushandexfoliate.com. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Note Regarding Forward-Looking Statements
Certain statements on this Website constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, levels of activity, performance or achievements of Brush and Exfoliate to be materially different from any future results, levels of activity, performance or achievement expressed or implied by such forward-looking statements. As a result of the foregoing and other factors, no assurance can be given as to future results, levels of activity and achievements and neither Brush and Exfoliate nor any person assumes responsibility for the accuracy and completeness of these statements.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Brush and Exfoliate NOR ANY PERSON ASSOCIATED WITH Brush and Exfoliate MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER Brush and Exfoliate NOR ANYONE ASSOCIATED WITH Brush and Exfoliate REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ALL MATERIALS ON THIS WEBSITE RELATING TO NUTRITION, HEALTH AND LIFESTYLE ARE PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND ARE NOT INTENDED TO PROVIDE ANY NUTRITIONAL OR MEDICAL ADVICE. WHILE WE WORK TO ENSURE THAT THE WEBSITE AND ITS CONTENT ARE ACCURATE, YOU SHOULD NOT RELY ON ANY INFORMATION PRESENTED AND YOU SHOULD ALWAYS READ LABELS, WARNINGS AND DIRECTIONS BEFORE USING OR CONSUMING ANY OF OUR PRODUCTS.
Brush and Exfoliate HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL Brush and Exfoliate, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless of Brush and Exfoliate, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Website, including, without limitation, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the County of San Francisco, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of these Terms of Use by Brush and Exfoliate shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Brush and Exfoliate to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Dispute Resolution:
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.
Scope of the Arbitration Agreement.
If Brush and Exfoliate cannot resolve any dispute with you regarding the Website, any transaction conducted on the Website or these terms of use, both you and Brush and Exfoliate agree that any such dispute will be resolved through binding individual arbitration. Both you and Brush and Exfoliate understand and agree to waive the right to sue or go to court to assert or defend our respective rights. However, either you or Brush and Exfoliate may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Brush and Exfoliate, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
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 Brush and Exfoliate 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. In the event the AAA is unavailable or unwilling to hear the dispute, you and Brush and Exfoliate 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 Brush and Exfoliate account) as mutually agreed upon by you and Brush and Exfoliate. 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, Brush and Exfoliate 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 Brush and Exfoliate 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 Brush and Exfoliate also agree to 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 Brush and Exfoliate’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.
Entire Agreement
The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and Brush and Exfoliate with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
This website is operated by: Brush and Exfoliate, San Francisco, CA, USA
All notices of copyright infringement claims should be directed to:
Brush and Exfoliate
Attention: Accounting Department
PO Box 720146
San Francisco, CA 94110
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: brushandexfoliate@gmail.com.
Last updated as of July 1, 2024
REFUND POLICY
Refunds apply for products only. We accept product returns for store credit only within 7 days of purchase for products that are unused, undamaged, and unopened in the original packaging and with proof of receipt.
Simply bring your item(s) and your receipt to the Brush and Exfoliate suite in San Francisco and we will assist.
brush + exfoliate (forms)
Client Questionnaire Intake & Overall Consent Form