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Terms of service
MICHAEL TODD BEAUTY
Summary
Last updated June 10, 2025
This summary highlights key points from our full Terms of Service (“Terms”) but does not replace the complete Terms. By clicking on the button “I Agree” or “I Accept” on entering our Site or “Pay Now” at checkout or by otherwise accessing or using our Site, you acknowledge and agree that you: (a) have read and understand these Terms; (b) are legally bound by the terms and conditions of the Terms (including the Arbitration Agreement in Section 12); and (c) are of legal age to enter into a binding agreement. Otherwise, you may not access or use this Site.
· What You Can Do
- Purchase genuine Michael Todd Beauty products
- Create an account if you are 18 or older
- Post honest reviews of products you have personally used
- [View Eligibility requirements]
· What You Cannot Do
- Use our website for illegal purposes
- Copy or redistribute our content without permission
- Use the website to bring legal claims against us
· Important Legal Points
- Disputes will be resolved through binding arbitration in Florida
- You waive your right to participate in class actions
- [View Arbitration Agreement]
· Warranty Information
- We offer a 30-days Satisfaction Guarantee on devices purchased from our website
- Device must be returned in the original box, postage paid by sender, together with proof of purchase
- We offer a 36-month warranty on devices when registered within 90 days of purchase
- Purchases from unauthorized sources void warranty coverage
· Your Privacy
- We collect personal information as described in our [Privacy Policy]
- By using the Site, you consent to data transfer to the United States
- EU residents have addl rights under the General Data Protection Policy of the European Union
· About Our Products
- We offer award-winning beauty devices and skincare Products
- Our Products feature innovative technologies like antimicrobial protection
· The Operator of this Site is:
Michael Todd Beauty LP
584 NW University Blvd
Suite 600
Port St Lucie, FL 34986
United States
Questions? Contact us at customerservice@michaeltoddbeauty.com.
For further contact information [View Contact Us]
- Eligibility and Account Registration
- Age Requirements
- Account Information
- User Responsibilities
- Account Suspension
- Intellectual Property
- Ownership of Content
- Trademarks and Service Marks
- Permitted Uses
- Restrictions on Use
- Restrictions on Use
- Prohibited Activities
- Automated Access
- Security Violations
- Legal Claims Prohibition
- Privacy Notice
- Data Collection and Usage
- International Data Transfer
- Messaging Terms
- Third-Party Links and Content
- External Sites
- Liability for Third-Party Content
- Disclaimer of Warranty
- "As Is" Provision
- No Warranty of Performance
- Online Store Terms
- Placing an Order
- Purchases and Payment
- Delivery and Shipping
- Premium Shipping Protection
- Re-Shipping Policy
- Exchanges, Returns, and Refunds
- Unauthorized Retailer Warning
- User-Generated Contributions
- License for User Content
- Acceptable Use Guidelines
- Review Guidelines
- Copyright Complaints
- Term and Termination
- Duration of Terms
- Account Suspension
- Prohibited Re-Registration
- Limitations of Liability
- Damage Limitations
- Maximum Liability
- Statute of Limitations
- Indemnification
- User Obligations
- Defense and Control
- Arbitration Agreement
- Dispute Resolution
- Class Action Waiver
- Anti-Abusive Litigation Provision
- California PAGA Waiver
- Exceptions to Arbitration
- Severability
- Electronic Communications
- Consent to Electronic Communications
- Electronic Signatures
- SMS Compliance
- California Users and Residents
- Consumer Rights Notice
- Complaint Assistance
- Miscellaneous
- Entire Agreement
- Severability
- Governing Law
- Spokesperson Disclosure
- ADA Compliance
- Local Laws
- Industry-Specific Regulations
- Contact Us
- Company Information
- Customer Service
Please read these Terms carefully before using this website.
Estimated reading time of full Terms is 15-20 minutes.
These Terms of Service (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Michael Todd Beauty LP, doing business as Michael Todd Beauty ("Michael Todd Beauty, " “we”, “us”, or “our”), concerning your access to and use of all websites owned and operated by Michael Todd Beauty LP for the sale of Michael Todd Beauty brand products online (“Products”).
These websites include, but are not limited to:
https://michaeltoddbeauty.com/pages/knu-skincare-collection-np
https://michaeltoddbeauty.com/collections/all
https://michaeltoddbeauty.com/collections/accessories
https://michaeltoddbeauty.com/products/sonicsmooth-pro
https://michaeltoddbeauty.com/products/lumos-ipl
https://michaeltoddbeauty.com/products/soniclear
and any other domains owned and operated by us for the sale of the Products (individually and collectively, the “Site”).
All personal information we collect through the Site is subject to our Privacy Policy [View Privacy Notice].
By clicking on the button “I Agree” or “I Accept” on entering the Site or “Pay Now” at Checkout or by otherwise accessing or using this Site, you acknowledge and agree that you: (a) are legally bound by the terms and conditions of these Terms (including the Arbitration Agreement in Section 12); (b) have read and understand these Terms; and (c) are of legal age to enter into a binding agreement. If you do not agree to these Terms, then you may not access or use this Site.
We may change, replace, or otherwise update these Terms from time to time. If we make material changes to these Terms, we will provide notice through the Site. Your continued use of the Site after such notice constitutes your acceptance of the revised Terms. You should review these Terms regularly, as they may change at any time in the sole discretion of Michael Todd Beauty. Revisions will have no effect on orders that were submitted before posting of revised Terms.
1. Eligibility and Account Registration
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. When registering for an account, you will be required to provide certain information to Michael Todd Beauty (such as your name, username, and password) (“User Data”), and you understand that Michael Todd Beauty uses this information to facilitate your registration and use of the Sites. You agree to provide accurate, current, and complete information about yourself.
If, in its sole discretion, Michael Todd Beauty suspects that you have provided false, inappropriate, or otherwise objectionable information, your account may be suspended and/or disabled without notice. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to notify us immediately of any unauthorized access to or use of your account. We are not responsible for any loss or damage arising from your failure to comply with these obligations.
We are committed to protecting the privacy of children. This Site is only intended for use by those of age 18 or older. By using the Site, you affirm that you are more than 18 years of age and able to enter into legally binding agreements.
2. Intellectual Property
This Site and its entire contents, features, and functionality, including by not limited to software, text, displays, graphics, images, and other materials generated by or within the Site (collectively, “Content”) are owned and copyrighted by Michael Todd Beauty or lawfully obtained from Michael Todd Beauty’s providers or licensors. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, service marks, logos, and trade secrets in this Site and the Content are owned by Michael Todd Beauty or its licensors or providers. Neither these Terms, nor your access to or use of this Site, transfers to you or any third-party any rights, title, or interest in or to such intellectual property rights.
The trademarks, service marks and logos (“Marks”) used in the Site are owned by Michael Todd Beauty or its providers or licensors. The owner of the Marks holds exclusive rights to the Marks. You must not use any Mark without the prior written consent of Michael Todd Beauty or the owner of the Mark.
Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Your right to access or use this Site is subject to and conditioned upon your compliance with all Terms, including, but not limited to, the restrictions set forth in Section 3. This right is personal to you and may not be assigned, transferred, or sublicensed to others. Michael Todd Beauty and its suppliers and licensors reserve all rights not expressly granted to you in these Terms.
By accessing or using this Site or any feature provided through this Site, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity:
(i) Make any unauthorized use of this Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
(ii) Use this Site or the Content to solicit others to perform or participate in any unlawful acts;
(iii) Reproduce, modify, copy, distribute, transmit, display, perform, publish, create derivative works from, transfer, sell, resell, or exploit for any commercial purposes, any portion of this Site or its contents, without express written permission by us;
(iv) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of this Site;
(v) Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(vi) Cause or launch any programs, spiders, robots, scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of this Site or the Content, or engaging in any automated use of the system, such as using scripts to send comments or messages;
(vii) Introduce or attempt to introduce to upload or to transmit viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Site, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
(viii) Attempt to gain unauthorized access to or impair any aspect of the Site, or the related systems, servers, or networks;
(ix) Attempt to Impersonate any person or entity, use the username of another person or entity, or otherwise misrepresent your affiliation with any person or entity;
(x) Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation;
(xi) Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(xii) Use a buying agent or purchasing agent to make purchases on the Site;
(xiii) Use the Site to advertise or offer to sell goods and services;
(xiv) Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
(xv) Engage in unauthorized framing of or linking to the Site;
(xvi) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
(xvii) Make improper use of our support services or submit false reports of abuse or misconduct.
(xviii) Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
(xix) Use any information obtained from the Site in order to harass, abuse, or harm another person;
(xx) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
(xxi) Delete the copyright or other proprietary rights notice from any Content;
(xxii) Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
(xxiii) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
(xxiv) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
(xxv) Use the Site in a manner inconsistent with any applicable laws or regulations; or
(xxvi) Use this Site to investigate, initiate, or support any claim, or legal action against Michael Todd Beauty, its affiliates, or partners.
If you do not agree to the foregoing Restrictions on Use, you may not use this Site.
All personal information we collect through the Site is subject to our Privacy Policy [View PRIVACY POLICY]. By using the Site, you acknowledge our Privacy Policy and agree to be bound by its terms, which are incorporated into these Terms. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
5. Third-Party Links and Content
The Site may contain links (or you may be sent via the Site) to other websites, applications, or services (“External Sites”) that are provided by third parties, and which we do not own or control. We are not responsible for any content provided by those third parties. If you access any third-party content through the Site, you do so at your own risk and are subject to whatever terms and conditions of use that the third party applies to such content. Michael Todd Beauty has no control over these External Sites, all of which have separate privacy policies, data collection practices, and terms and conditions independent of Michael Todd Beauty. Michael Todd Beauty has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links to External Sites do not imply that Michael Todd Beauty sponsors, endorses, is affiliated with or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such External Sites. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any External Sites or content therein.
6. Disclaimer of Warranty
THE MATERIALS ON THE SITE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MICHAEL TODD BEAUTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MICHAEL TODD BEAUTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
MICHAEL TODD BEAUTY MAKES NO WARRANTY THAT (i) THE SITE OR YOUR PURCHASES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE AND YOUR USE OF IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE SITE’S RESULTS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY CONTENT OR PURCHASES OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (v) THE SITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM MICHAEL TODD BEAUTY WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, HARMFUL CODE, OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OR PURCHASES OBTAINED BY YOU FROM MICHAEL TODD BEAUTY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
7. Online Store Terms
Placing an Order. Orders placed on the Site are subject to the following conditions:
(i) To place an order you must be 18 years of age or over, be accessible by telephone or have a valid email address;
(ii) You may place an order by filling out the order form on the Site and clicking the appropriate submission button. You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Site, and to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed;
(iii) When you place an order, you are making an offer to us to purchase the Products you have selected, governed by these Terms, and You will be issued an Order Number via the Site. The Order Number is supplied for reference purposes only and does not constitute our acceptance of your order. Michael Todd Beauty may or may not accept your order at our discretion or may choose to reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled after order submission, because our system promptly initiates the fulfillment process to ensure your order is processed and delivered as quickly as possible;
(iv) If Michael Todd Beauty accepts your order, Michael Todd Beauty will issue an order confirmation to you by email that is effective on the date the order confirmation is sent to you. If Michael Todd Beauty does not accept your order, Michael Todd Beauty will attempt to contact you by email or telephone;
(v) The on-screen display of the colors, designs, and Products offered on the Sites may differ from the actual appearance or size of the Products offered on the Sites;
(vi) Notwithstanding any terms herein to the contrary, Michael Todd Beauty reserves the right to refuse or cancel any portion or all of an order for any reason at any time, including limitations on quantities available for purchase , inaccuracies, or errors in product or pricing information, if in our sole judgment they appear to be placed by dealers, resellers, or distributors, or any other problems identified by Michael Todd Beauty. If your order is cancelled after your credit card or other payment account has been charged, Michael Todd Beauty will issue a credit to your credit card or other payment account in the amount of the charge. If any portion of your order is cancelled or if additional information is required to accept your order, Michael Todd Beauty will attempt to contact you. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
Purchases, Payment, and Delivery.
(i) Prices. All prices are in U.S. dollars and are exclusive of VAT, recycling fee, shipping and handling, and, for purchases outside the United States, duties, which will be calculated separately as applicable and specified on the order form, which will then be added to the price of the order to reflect the total amount payable by you. We may change prices at any time.
(ii) Payment. You agree to pay all charges by the methods indicated on the Site at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Sites. If you are paying by credit card, your credit card will be charged when we issue your invoice or at the time of shipment or your Products. Michael Todd Beauty will not supply the Products to you until your credit card issuer has authorized the use of your card for payment of Products. If Michael Todd Beauty does not receive such authorization, Michael Todd Beauty shall inform you accordingly. Michael Todd Beauty reserves the right to verify the identity of the credit card holder by requesting appropriate documentation.
(iii) Delivery. Any delivery or shipment dates given by Michael Todd Beauty are best estimates only and Michael Todd Beauty shall not be liable for any loss, damage, costs, or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event any of the Products ordered is out of stock, the whole order may be delayed. If you believe your package has been missing or misdelivered, you must notify us at customerservice@michaeltoddbeauty.com within three (3) business days of the effective delivery date as reflected in our tracking system. Upon timely notification, we will investigate the matter and, at our sole discretion, may offer to resend the item(s), or provide an equivalent solution. We are not liable for packages that are not reported as missing or misdelivered within the said three-day window or for packages confirmed delivered via our tracking system but claimed to be unreceived. In cases where the shipping carrier confirms the package as delivered, but the customer claims it was not received, we may require the customer to provide a police report or other relevant documentation to substantiate the claim.
(iv) Shipping. Michael Todd Beauty uses, DHL, USPS, FedEx, and UPS as delivery methods. The risk of loss and title for delivered Products passes to you upon our delivery to the carrier. Delivery times may vary depending on destination. Be sure to provide us with a complete shipping address as we are not responsible for customer-entered shipping addresses that may be incorrect or incomplete. Items returned for this reason are eligible for a refund less a handling fee of $19.95, unless the order was placed with shipping protection offered at checkout. We will not be liable for any loss or damage of any package marked 'Delivered' by the Carrier.
· Domestic U.S. Shipping Fee:
Free shipping on orders over $50
· Non-Continental U.S. & Alaska Shipping Fee
Free shipping on orders over $120
· International Shipping Fee:
We do not offer free shipping outside the U.S.
(v) Premium Shipping Protection. Premium Shipping Protection is available at checkout to provide peace of mind with a delivery guarantee in case your delivery is damaged, stolen, or lost during transit. If you purchase Premium Shipping Protection, your order is protected, and you are eligible for a replacement.
(vi) Claims Process. If your protected order is damaged, stolen, lost in transit, or is missing items, please contact us using the information provided at paragraph 16 of these Terms within 7 days of the delivery date to file a claim. Provide your order number and details regarding the damage or loss.
(vii) For Stolen Packages. You must file a police report for the stolen package and provide us with a copy of the report. Failure to provide a police report will result in a denied claim. We will verify your claim and offer a replacement.
(viii) If No Premium Shipping Protection. If Premium Shipping Protection is not selected, Michael Todd Beauty will not be liable for lost or stolen packages once the carrier has marked them as delivered. Customers are advised to follow up directly with the carrier for claims related to lost or stolen packages.
(ix) Re-Shipping Policy.
(a) Return of Packages: If a package is returned to our facility due to the customer's refusal to accept delivery, the customer is eligible for a refund of the purchase price less a handling fee of $19.95. This fee covers the cost of processing the returned item.
(b) Incorrect/Undeliverable Addresses: Orders returned due to an incomplete, incorrect, or undeliverable address are eligible for a refund less a handling fee of $19.95, unless the order was placed with shipping protection offered at checkout. This fee is necessary to cover the cost of processing the returned package.
(c) Re-Shipping: If you wish to have your order re-shipped, a re-shipping fee of up to $29.95 will be charged. This fee applies to all orders that require re-shipment, including those returned for an incomplete, incorrect, or undeliverable address. Please ensure that your shipping information is accurate at the time of checkout to avoid unnecessary fees and delays.
30-Day Money Back Guarantee: At Michael Todd Beauty, we stand behind the quality of our Products and are committed to your complete satisfaction. That's why we offer a 30-Day Money Back Guarantee on all devices purchased directly from our Site.
If for any reason you are not completely satisfied with your Michael Todd Beauty device, you may return it within 30 days of purchase for a full refund of the purchase price.
To qualify for our Money Back Guarantee:
(a) The return must be initiated within 30 days of the purchase date
(b) The device must be returned in its original packaging with all accessories included
(c) You must provide proof of purchase in the form of an order number or receipt
To initiate your return, simply [Contact Customer Service]. We'll guide you through the necessary steps and provide you with the correct return shipping address and instructions.
Please note: Our 30-Day Money Back Guarantee does not cover shipping and handling fees unless the return is due to a defect in materials or workmanship.
3-Year Limited Warranty. All Michael Todd Beauty devices purchased from our Site or authorized retailers are covered by our 3-Year Limited Warranty against defects in materials and workmanship, provided the purchase is registered within 90 days of purchase.
Warranty Coverage:
If your Michael Todd Beauty device becomes defective due to faulty materials or workmanship within 3 years from the date of purchase, we guarantee to replace the unit with a new unit.
This Limited Warranty is subject to the following conditions:
- Registration must be completed online at [Product Registration] within 90 days of purchase
- Without registration, only a 1-year warranty will apply
- You must provide proof of purchase from our website or an authorized retailer
- Damage must not have resulted from improper use or use with incompatible accessories
- Any defective unit after the first year of ownership you will incur a $20 replacement fee.
For questions about our 30-Day Money Back Guarantee or 3-Year Limited Warranty, or to make a warranty claim, please [Contact Customer Service] with your proof of purchase and warranty registration information. You may be responsible for shipping costs to return the product to us, but we will cover the cost of shipping the replacement product back to you.
This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. Some states do not allow limitations on how long an implied warranty lasts or the exclusion of incidental or consequential damages, so the above limitations may not apply to you.
Items marked "Final Sale" cannot be exchanged or returned. Exchanges are only permitted for U.S. orders.
Important: Unauthorized Retailer Warning. Purchasing from an unauthorized retailer will void all warranty coverage. To ensure you receive genuine products and full warranty protection, we recommend purchasing only from authorized retailers. Not sure if a retailer is authorized? [Contact Customer Service] to verify before making your purchase.
8. User-Generated Contributions
The Site may allow you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential.
License. By posting your Contributions to any part of the Site, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license. This license allows us to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including your image and voice).We may use this license for any purpose including commercial and advertising purposes. We may also prepare derivative works or incorporate your Contributions into other works and may grant and authorize sublicenses. You represent you have the right to grant us this license.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We have the right, in our sole and absolute discretion to: (a) edit, redact, or otherwise change any Contributions; (b) re-categorize any Contributions to place them in more appropriate locations on the Site; and (iii) pre-screen or delete any Contributions at any time and for any reason, without notice.
You understand that your Contributions (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Acceptable Use. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. When you create or make available any Contributions, you thereby represent and warrant that:
(i) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
(ii) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
(iii) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms.
(iv) Your Contributions are not false, inaccurate, or misleading.
(v) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
(vi) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
(vii) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
(viii) Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
(ix) Your Contributions do not violate any applicable law, regulation, or rule.
(x) Your Contributions do not violate the privacy or publicity rights of any third party.
(xi) Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
(xii) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual orientation, or physical handicap.
(xiii) Your Contributions do not otherwise violate or link to material that violates, any provision of these Terms, or any applicable law or regulation.
Guidelines for Reviews. We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (i) you should have firsthand experience with the person/entity being reviewed; (ii) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (iii) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (iv) your reviews should not contain references to illegal activity; (v) you should not be affiliated with competitors if posting negative reviews; (vi) you should not make any conclusions as to the legality of conduct; (vii) you may not post any false or misleading statements; and (viii) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
Copyright Complaints. We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA). If you believe that content or material on our Site is unlawfully infringing a copyright owned by you and wish to have the allegedly infringing material(s) removed or access to it blocked, you must provide notice to our Copyright Agent. [View address and telephone number for Copyright Agent]. Please ensure that your notice includes: (i) identification of the copyrighted work(s) claimed to have been infringed; (ii) identification of the supposedly infringing material that is to be removed; (iii) information reasonably sufficient to permit us to locate the material on the Site; (iv) your address, telephone number, or email address; (v) a statement that you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law; (vi) a statement that, under penalty of perjury, the information in the notification is accurate and where relevant you are authorized to act on behalf of the copyright owner; and (vii) your physical or electronic signature.
A provider of content subject to a claim of infringement may make a counternotification. To file a counter-notification with us, please provide our Copyright Agent a notice containing the following: (i) identification of the supposedly infringing material that is to be removed; (ii) a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and (iv) the signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification and inform the complaining party that we will restore the removed or disabled content within fourteen (14) business days. If we do not receive notice that a lawsuit has been filed within fourteen (14) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, the materials will remain removed or disabled. Before filing a copyright notification with us, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
It is our policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.
9. Term and Termination
These Terms shall remain in full force and effect while you access or use the Site. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of these terms or of any applicable law or regulation at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10. Limitations of Liability
In no event will we or our general or limited partners, managers, officers, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from or related to your use of the site, even if we have been advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products, and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
If the foregoing limitation of liability is held to be unenforceable, Michael Todd Beauty’s maximum liability to you shall not exceed the lower of the amount paid by you for the Products you have ordered through the Site, or $200. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusion may not apply to you to the extent such jurisdiction’s law is applicable to these Terms. If the law applies to you and your use of the Site does not permit the waiver by you of any rights or remedies, these Terms do not require you to waive any of such rights. This does not affect your statutory rights as a consumer.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SIte, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, as well as other users of the Site (collectively, “Indemnitees”), from and against any and all losses, damages, liability, claims, costs, demands, and expenses (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by any Indemnitee, directly or indirectly, relating to or arising out of: (i) your Contributions; (ii) your use of the Site; (iii) your breach of these Terms; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; (v) any overt harmful act toward any other user of the Site with whom you connected via the Site; (vi) your violation of applicable laws, regulations, or third-party rights; and (vii) your willful misconduct, fraud, or negligence.
Notwithstanding the foregoing, we, and the applicable Indemnitee, reserve the right, at your sole expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnitee, and you agree to cooperate, at your sole expense, with the Indemnitee’s defense of such claims. You agree not to settle any matter without the prior written consent of the Indemnitee. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Mutual Agreement to Binding Arbitration.
You and Michael Todd Beauty mutually agree to resolve any and all disputes claims, and controversies (past, present or future) that may arise between us in binding arbitration rather than in any court of general jurisdiction. That includes, but is in no way limited to, any claims arising out of or relating to: (i) your access to or use of the Site or any information generated from the Site; (ii) disputes related to these terms; (iii) your use of your account; (iv) your purchase or use of a product, good, or service from Michael Todd Beauty; or (v) your contributions. It applies regardless of whether such claims are based in contract, tort, fraud, misrepresentation, product liability, state statute, federal statute, regulation, common law, or any other legal theory. By agreeing to arbitration, you understand that you and Michael Todd Beauty are waiving the right to sue in court or have a jury trial for all claims disputes, and controversies (except as otherwise provided below).
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court and provides more limited opportunities for discovery than might be available in court. It follows different rules than court proceedings and is subject to very limited review by courts. Arbitrators can award the same damages, subject to any limitations contained in this Arbitration Agreement, and other relief that a court can award and can also award attorneys’ fees to the extent allowed by the law. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. You understand that by agreeing to this provision, you and michael todd beauty are each giving up the right to sue in court and to have a jury trial.
This Arbitration Agreement is intended to be as broad as legally permissible and is intended to require arbitration of every claim, dispute, or controversy that can lawfully be arbitrated, and, except as it otherwise provides, applies to any and all claims or controversies, past, present, or future, that otherwise would be resolved in a court of law or before a forum other than arbitration. Except as it otherwise provides, this Arbitration Agreement applies to any and all claims that Michael Todd Beauty may have against You or that You may have against Michael Todd Beauty, and/or any of its directors, officers, employees, agents, parents, subsidiaries, representatives, affiliates, successors, assigns or any person or entity that may be held jointly and severally liable with Michael Todd Beauty, and assignees of any of the foregoing-each and all of whom or which may enforce this Arbitration Agreement as direct or third-party beneficiaries.
Only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, revocability, validity, or conscionability of this Arbitration Agreement, including, without limitation, any dispute concerning arbitrability. All disputes concerning any defenses to arbitration, (including, without limitation, waiver, including litigation conduct waiver, delay, laches, or estoppel) shall be decided by the arbitrator, except as expressly provided below.
This Arbitration Agreement shall be binding upon and shall include any claims brought by or against any third parties, including but not limited to Your spouses, heirs, third-party beneficiaries and permitted assigns, where their underlying claim(s) arise out of or relate to these Terms, the Site, or your purchase or use of a product, good, or service from Michael Todd Beauty. To the extent that any third-party beneficiary to this Agreement brings claims against a party, those claims shall also be subject to this Arbitration Agreement.
This Arbitration Agreement is exclusively governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) (“FAA”), both procedurally and substantively. But if the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. This Arbitration Agreement survives after the Agreement terminates or your relationship with Michael Todd Beauty ends. Any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
The parties agree to make reasonable, good-faith efforts to resolve any claim or dispute prior to commencing an arbitration proceeding, which shall be a condition precedent to either party commencing an arbitration proceeding (“Pre-Dispute Resolution Negotiation”). To initiate the Pre-Dispute Resolution Negotiation, a party must provide written notice to the other party that describes the nature and basis of the claim or dispute and sets forth the specific relief sought (“Pre-Dispute Notice”). Pre-Dispute Notice to Michael Todd Beauty must be sent by certified U.S. Mail or by Federal Express (signature required) to or address [View address for Notices]. Upon receipt of the Pre-Dispute Notice, the parties shall engage in good-faith negotiations to resolve the claim or dispute. If you and Michael Todd Beauty do not reach an agreement to resolve the claim or dispute within 90 days after the pre-dispute-notice is received, you or Michael Todd Beauty may commence an arbitration proceeding, as set forth below.
You agree that the arbitration will be administered by the AAA. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at www.adr.org or by calling 1-800-778-7879, as modified by these Terms. Notwithstanding the AAA Consumer Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, the arbitrator is bound by these Terms. The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitration proceedings but is bound by rulings in prior arbitration proceedings involving You to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
The arbitration shall be conducted by a single neutral arbitrator.
Unless the parties agree otherwise in writing, the arbitrator shall be selected as follows: The arbitrator shall be selected in accordance with the AAA’s applicable procedures for consumer disputes. AAA will provide a list of proposed arbitrators from its National Roster with experience in the subject matter of the dispute. Each party may strike up to two (2) names and rank the remaining arbitrators in order of preference. AAA shall appoint the arbitrator from the remaining names, taking into account the parties’ rankings.
If for any reason the appointment cannot be made from the provided list, AAA shall appoint the arbitrator pursuant to its rules. The arbitrator must remain impartial and independent and must disclose any circumstance that might give rise to justifiable doubt as to their neutrality, in accordance with AAA rules and applicable law.
Notwithstanding the AAA Consumer Arbitration Rules and Supplementary Procedures for Consumer Related Disputes: (i) there shall be no awards for punitive or exemplary damages in any arbitration governed by these Terms; (ii) the Parties shall be limited to no more than twenty-five (25) interrogatories, including sub-parts, twenty-five (25) requests for production, and ten (10) requests for admission; (iii) no depositions shall be permitted unless the arbitrator determines, upon a showing of compelling need, that a deposition is essential to ensure a fundamentally fair hearing; and (iv) any arbitration proceeding shall be limited to three (3) business days. In such rare cases where an arbitrator determines the need for one or more depositions, the arbitrator may allow limited depositions subject to reasonable time and scope restrictions, to last no more than four (4) hours per deponent.
You and Michael Todd Beauty agree that any arbitration shall be conducted in-person and exclusively in Port St Lucie, Florida. If you reside more than 100 miles from Port St Lucie, FL, Michael Todd Beauty will pay the cost of coach-class transportation to attend the arbitration unless we notify you in writing at least 14 days prior to the scheduled arbitration that we elect not to pay your transportation costs. In which case, you may participate in the arbitration remotely by telephone or video conference.
Michael Todd Beauty may modify this Arbitration Agreement, in whole or in part, in the future, and only after Michael Todd Beauty provides at least 30 days’ written notice of such modification, and only with respect to claims submitted under the Arbitration Agreement which are received after the effective date of such modification. The Arbitration Agreement in effect at the time a claim is received by Michael Todd Beauty will govern the process by which the claim is determined. If Michael Todd Beauty makes any future change to this provision, you may reject any such changes by sending written notice to Michael Todd Beauty within 30 days of the change. [View address for Notice]. By rejecting future changes, you agree to arbitrate any dispute between you and Michael Todd Beauty according to this current provision.
If you do not agree to resolve disputes in accordance with this Arbitration Agreement, you may elect to “opt out” of this provision within 30 days of the time you agree to the terms of these Terms. If you elect to opt out, you will remain subject to all other terms of these Terms, except the Arbitration Agreement, which will not apply to you. To opt out of this provision, you must send a written letter concerning your intent to opt out of this provision to us within 30 days of the date you agreed to the terms of this Arbitration Agreement. [View address for Notice].
Prohibition of Class Actions and Non-Individualized Relief.
You understand and agree that you and Michael Todd Beauty may each bring claims in arbitration against the other only in an individual capacity and not on a class, collective action, or representative basis (“class action waiver”). You understand and agree that you and Michael Todd Beauty are waiving the right to pursue or have a dispute resolved as a plaintiff or class member in any purported class, collective or representative proceeding, even if the AAA procedures or rules would otherwise allow them. You and Michael Todd Beauty understand and agree that the arbitrator may award money or injunctive relief only in favor of the individual seeking relief and to the extent of their individual claim, and not on behalf of any class or in any representative capacity. The arbitrator shall have no authority to consider or resolve any claim or dispute or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or dispute, or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
Notwithstanding any other provision of these Terms, including the Arbitration Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (i) the dispute is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.
Anti-Abusive Litigation Provision. To promote fair and equitable dispute resolution, you agree that, in any arbitration arising out of or relating to your use of this Site, the arbitrator shall consider and draw a negative inference from evidence showing any of the following: (a) you have filed multiple claims against websites; (b) you have repeatedly engaged or worked with the same law firm(s) or representative(s) on a contingent fee arrangement where your share of any recovery is less than the share received by the law firm.
California Private Attorneys General Act (“PAGA”) Waiver.
(i) Individual PAGA Claims; Waiver of Representative Actions. To the fullest extent permitted by law, you and Michael Todd Beauty agree that any claims arising under the California Private Attorneys General Act of 2004 (“PAGA”), California Labor Code §§ 2698 et seq., that you may bring against us shall be brought only in your individual capacity and not as a plaintiff, representative, or member in any purported representative proceeding (“Representative PAGA Waiver”). You and Michael Todd Beauty expressly waive any right to bring or participate in a representative PAGA action on behalf of other consumers or the State of California, whether in court or in arbitration.
(ii) Arbitration of Individual PAGA Claims. You and Michael Todd Beauty agree that any individual PAGA claim you may have must be submitted to binding arbitration on an individual basis, pursuant to the terms of the Arbitration Agreement. The arbitrator shall have authority only to resolve whether you personally were aggrieved or subject to a violation of law and shall not have authority to adjudicate the claims or rights of other individuals in a single or collective proceeding.
(iii) Severability and Court Determination. Notwithstanding any other provision of these Terms, the enforceability, scope, applicability, revocability, or validity of this Representative PAGA Waiver shall be determined only by a court of competent jurisdiction, not by an arbitrator. If any portion of this Representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (a) The unenforceable provision shall be severed from this Waiver; (b) Severance of the unenforceable provision shall have no impact on the enforceability of the Arbitration Agreement or the requirement that any remaining claims be arbitrated on an individual basis; and (c) Any representative PAGA claims must be litigated in a court of competent jurisdiction and not in arbitration. The parties agree that any such court proceeding shall be stayed pending the outcome of any individual PAGA claims in arbitration.
(iv) Acknowledgment and Voluntary Agreement. You acknowledge and agree that you have had the opportunity to review this Agreement, that it is written in a language you understand, and that you are not under duress. By agreeing to this PAGA waiver, you expressly consent to arbitrate individual PAGA claims only and waive the right to participate in a representative PAGA action.(e) Exceptions to Arbitration.
Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the following types of claims: (i) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (ii) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative California PAGA Waiver hereunder is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (iii) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and (iv) individual claims of sexual assault or sexual harassment in connection with the use of Michael Todd Beauty Services. Where these claims are brought in a court of competent jurisdiction, Michael Todd Beauty will not require arbitration of those claims. Michael Todd Beauty’s agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the Class Actions, Non-Individualized Relief and California PAGA waivers hereunder, or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.
Severability. Except as otherwise provided in the severability provisions above of this Arbitration Agreement, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.
13. Electronic Communications
Electronic Communications. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Messaging Terms. These Messaging Terms ("Messaging Terms") govern all text messages, SMS, MMS, and other electronic messages (collectively, "Messages") sent by Michael Todd Beauty to you. By making your mobile phone number available to us and opting in to Messages, you agree to these Messaging Terms.
(i) Consent to Receive Messages. You expressly consent to receive recurring automated marketing and non-marketing Messages from Michael Todd Beauty, including:
· Transactional Messages: Order confirmations, shipping notifications, delivery updates
· Account Messages: Registration confirmations, password resets, account updates
· Customer Service Messages: Responses to your inquiries or support requests
· Product Information: New product announcements, restocking notifications
· Marketing Messages: Promotions, special offers, discounts
· Replenishment Reminders: Notifications when your purchased products may need replacement based on typical usage patterns
You understand that you are not required to provide this consent as a condition of purchasing any Products.
(ii) Opt-In and Opt-Out Procedures
a. How to Opt-In.
You may opt in to receive Messages by:
· Checking the relevant box during checkout or account registration
· Texting a designated keyword (e.g., "BEAUTY") to our short code
· Providing your mobile number and consent through our website forms
b. How to Opt-Out.
You may opt out of receiving Messages at any time by:
· Texting "STOP" to the short code from which you receive Messages
· Clicking the "unsubscribe" link in any Message (where available)
· Contacting Customer Service [View Customer Service contact information]
· After you opt out, we may send one final Message confirming your opt-out.
c. Message Frequency. The frequency of Messages varies based on your preferences, account activity, and interaction with our services. Standard Messages may be sent weekly, while transactional Messages will be sent as needed based on your orders and account activity. Replenishment reminders are typically sent based on the estimated lifespan of your purchased products.
d. Supported Carriers. Our messaging program is supported by most major U.S. and Canadian wireless carriers, including AT&T, Verizon Wireless, T-Mobile, Sprint, and others. However, not all carriers may be supported at all times.
e. Messaging Costs. Michael Todd Beauty does not charge you for Messages. However, message and data rates may apply from your mobile carrier. You are solely responsible for all charges from your wireless provider, including any for Messages received from Michael Todd Beauty.
f. Messaging Limitations and Conditions.
· Messages are only available to customers in the United States and Canada
· Delivery of Messages is not guaranteed and may be delayed or undeliverable due to factors outside our control
· We are not liable for any delays or failures in the receipt of any Messages
· Not all features may be available on all devices or with all carriers
g. Changes to Messaging Terms. We may modify these Messaging Terms at any time. We will notify you of material changes by sending you a Message or through other means. Your continued consent to receive Messages following such notification constitutes your acceptance of the revised Messaging Terms.
h. Contact Us. If you have questions about these Messaging Terms, please [Contact Customer Service].
14. California Users And Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: [View name and address of the provider of this Site]. No charges are imposed, and no purchase is necessary for the use of this Site other than the purchase price and applicable sales tax and shipping of Products you determine to purchase. If you have a question or complaint regarding this Site, please [contact Customer Service]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445- 1254 or (800) 952-5210.
15. Miscellaneous
Entire Agreement. These Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
Severability. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
No Agency. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Governing Law. Except as provided in Section 12 pertaining to Arbitration Agreement, all matters relating to these Terms, your use of the Site, or products purchased through the Site and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Florida (the location of our principal office and place of business) without giving effect to any choice or conflict of law provision or rule (whether of Florida or any other jurisdiction). If the Arbitration Agreement in these Terms is found not to apply to any legal suit, action, or proceeding arising out of, or related to, these Terms, you agree to the exclusive jurisdiction of the state and federal courts in Florida to resolve your claim, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Spokesperson Disclosure Statement. Michael Todd Beauty may enter into arrangements with third parties who receive complimentary products and/or compensation in exchange for reviewing, promoting, and/or sharing their experiences, beliefs, findings, or opinions regarding our Products in all forms of media, including this Site. The experiences shared and views expressed by the third parties are their own. If you have questions about a particular endorsement or testimonial, please [Contact Customer Service].
ADA Compliance. Michael Todd Beauty’s policy is to improve any areas of its websites that do not comply with Web Content Accessibility Guideline 2.1 AA and welcomes any feedback or recommendations. If a visitor to one of Michael Todd Beauty’s sites determines that a webpage does not meet the goals and standards set forth in this policy, the Company will promptly undertake reasonable efforts to conform such webpage or provide an equally effective alternative that communicates the same information and provides the equivalent function(s) as found on the webpage. Please [Contact Customer Service].
Local Laws. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Industry-Specific Regulations. The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions were subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The owner, operator and provider of this Site is:
Michael Todd Beauty LP
584 NW University Blvd
Suite 600
Port St Lucie, FL 34986
United States
Customer Service: For information about your order (processing, shipping, returns, or exchanges), to resolve a complaint, or for any questions about using our Site, please contact our customer service team:
· Email: customerservice@michaeltoddbeauty.com
· Mail: [Above address]
· Web: Contact Michael Todd Beauty Customer Service | Support & Assistance
When contacting us, please include your order number in your email subject line or have it ready when calling. We're happy to assist you and aim to respond within 24 hours.