Terms of service

Last Updated: June 17, 2024

YOUR USE OF THIS WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.

WE RESERVE THE RIGHT TO UPDATE THESE TERMS AT ANY TIME BY POSTING AN UPDATED COPY OF THE TERMS TO THE SITE AND YOU WAIVE THE RIGHT TO NOTICE OF ANY SPECIFIC CHANGES TO THESE TERMS. BY CONTINUING TO ACCESS AND USE THE SITE AFTER THESE TERMS ARE UPDATED, YOU AGREE TO THE UPDATED TERMS. YOU MAY ALSO BE SUBJECT TO THESE TERMS BY AGREEING TO THEM THROUGH OTHER MEANS (E.G., CLICKWRAP AGREEMENT) AND ALL TERMS AND PROVISIONS HEREIN SHALL BE FULLY BINDING IN SUCH CIRCUMSTANCES.

This website (this "Site") is operated by First Aid Beauty Ltd., or its affiliates, subsidiaries, assigns, successors, brands, licensors, licensees, and/or agents (“First Aid Beauty,” "we,” or “us”). By accessing or using this Site, you agree to these Terms & Conditions (these “Terms”). If you do not agree to these Terms, do not access or use this Site. PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR RIGHTS AND LIABILITIES, AND THEY SPECIFICALLY ALLOW FOR THE COMPANY TO ENGAGE IN ARBITRATION TO SETTLE DISPUTES AND ADDRESS CIRCUMSTANCES IN WHICH YOU WAIVE YOUR RIGHT TO A JURY TRIAL. If you have any questions about the Terms, please contact us at customerservice@firstaidbeauty.com

PRIVACY

Use of this Site is subject to our Privacy Policy, which is accessible here: Privacy Policy. ("Privacy Policy"), and our Privacy Policy is incorporated into, and forms an integral part of, these Terms. Our Privacy Policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. The Privacy Policy also sets forth the types and categories of personal information you are permitted to provide First Aid Beauty, and your responsibilities and obligations with respect to such personal information. Please review our Privacy Policy carefully.

Consumer Health Data Privacy Policy. Our Consumer Health Data Privacy Policy (the “Health Privacy Policy”) is hereby incorporated into, and forms an integral part of, these Terms. From time to time, you may furnish to us, either directly or through our third-party agents, with “Consumer Health Data” (as the term is so defined within the Health Privacy Policy), provided however, you may only furnish us with such Consumer Health Data through the following communication channels: mail (First Aid Beauty, Inc, ATTN: Customer Support, 70 Bridge St #203, Newton, Massachusetts 02458); or email (customerservice@firstaidbeauty.com). For the avoidance of you doubt, you may not, under any condition, upload or otherwise input in this Site (whether via a chat-box, interactive form, or other online communication platform) any Consumer Health Data whatsoever. To the extent you furnish us with Consumer Health Data in accordance with the foregoing, you hereby represent and warrant the following: (i) you will comply with the information disclosure requirements set forth herein, (ii) you have read and understood the Health Privacy Policy, and (iii) you have the lawful right, authority, and necessary consent to provide us with Consumer Health Data. You hereby acknowledge and agree that failure to adhere to, or otherwise comply with, these conditions, representations, and the Health Privacy Policy is a material breach of these Terms. You agree to fully and completely defend, indemnify, and hold harmless First Aid Beauty, its affiliates, licensors, and service providers for any harm, loss, and damages incurred from a breach of these Terms.

PERSONAL USE OF SITES

Unless otherwise specified, the Site is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on the Site ("Content"), including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. Subject to any expressly stated restrictions or limitations on the Site relating to specific material, you may electronically copy and/or print hard copy portions of Content solely for your own noncommercial use, or to place an order with us. Any other use of Content, including the modification, reproduction, distribution, republication, display or transmission of any Content, without our prior written permission is strictly prohibited.

You agree not to collect and/or use any product descriptions, images, listings or prices except for your own personal noncommercial use or to place an order with us.

You agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or use or access to the Site, including without limitation any "scraping" or using any robot, spider or other automated means. Running or displaying this Site or any information or material displayed on this Site in frames, via "in-line" linking or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web site must comply with all applicable laws, rule and regulations. You may not use any meta tags or other "hidden text" utilizing our name or any of our trademarks, or those of any manufacturer of products featured on this Site, without express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (c) bypass any measures we may use to prevent or restrict access to the Site.

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to First Aid Beauty, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of First Aid Beauty, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

ACCOUNTS AND REGISTRATION

Please note that you may choose to use the Site and make purchases without creating an account.

If you choose to create a First Aid Beauty account (“Account”), you must:

• Provide us with your name, a valid e-mail address, and such other information as we may require from time to time; and
• Create a username and password.

You represent and warrant that the information you provide to us upon creating an Account on the Site and at all other times will be true, accurate, current, and complete. Your Account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your computer, and for all activities that occur under your Account or password. You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account. You agree to notify us immediately of any unauthorized use of your Account and/or password(s) and any other breach of security relating to the Site. We reserve the right to terminate any Account at any time in our sole discretion, including without limitation for any failure to comply with these Terms, any fraud or abuse, or any misrepresentation that you or anyone using your Account may make to us.

MAKING A PURCHASE

If you wish to purchase products described on the Site, you will be asked to supply certain information, including but not limited to your shipping address and credit card or other payment information. You agree that all information that you provide to us will be accurate, current and complete. You agree to pay all charges incurred through your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when your item is purchased. Credit card orders shipped to a location other than your billing address may require additional verification. All monetary transactions on the Site take place in U.S. dollars.

You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us. We make no promise that products and services described on the Site are appropriate or available for use outside of the United States. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via the Site.

We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.

The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including, but not limited to: Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.

MAKING A PRODUCT REVIEW

In certain circumstances, you may be able to use our Site to create a Product Review. A “Product Review” is any content, feedback, or suggestions related to a product, including (without limitation) opinions, product or service ratings or reviews, articles, written expressions, in any form or media, and/or any works of authorship created by you on the Site or otherwise provided to us. If you submit a Product Review, it may be published to publicly available portions of the Site and you acknowledge and agree that such a Product Review is not, and shall not be, considered confidential information and that First Aid Beauty has no confidentiality obligations with respect to such a Product Review. You acknowledge and agree that any Product Review is entirely voluntary, and we will be free to use the same as we see fit and without limitation or any obligation to you. By submitting a Product Review, you hereby agree that we may contact you at the email address you provided in connection with your Product Review for marketing, product enhancement, and similar business purposes. In particular, we may contact you (via email) more than once if you do not respond to our initial communication. If you provide us written or verbal notice that you do not wish to receive any further email communications from us regarding your Product Review, we will honor your request within a reasonable amount of time.

By submitting a Product Review you are expressly representing and warranting that: (i) you are a bona fide purchaser or user of the product(s) reviewed; (ii) you have disclosed to First Aid Beauty and in your Product Review any material connection or item of value you received that may have influenced your review, (iii) you are the sole author and owner of the intellectual property rights in and to the Product Review, and all "moral rights" that you may have in the Product Review have been voluntarily waived by you; (iv) you are at least 16 years old; (v) you have the full right and authority to provide such a Product Review, and the personal information (e.g., email address, contact data) related thereto, and doing so will not violate any right or privilege (including any trade secret, copyright, patent, intellectual property right, or any right of publicity or privacy), and (vi) your Product Review (A) will not violate any law, statute, ordinance or regulation, (B) is not, or may not reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation, (C) does not contain any computer viruses, worms or other potentially damaging computer programs or files, and (D) is truthful, accurate and honest and does not include information that may be misleading. We may not publish reviews that do not comply with these Terms.

You agree to indemnify and hold First Aid Beauty (and its officers, directors, agents, representatives, partners, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth in these Terms or our Privacy Policy, or your violation of any law or the rights of a third party. For any Product Review that you submit, you grant First Aid Beauty a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Product Review and/or incorporate such Product Review into any form, medium or technology throughout the world without compensation to you. Any Product Review that you submit may be used in our sole discretion, and we reserve the right to change, condense or delete any Product Review, or any portion thereof, from our Site that we deem, in our sole discretion, to violate these Terms. First Aid Beauty does not guarantee that you will have any recourse through us to edit or delete any Product Review you have submitted, and we reserve the right to remove or to refuse to post a Product Review for any reason. You acknowledge that you are soley responsible for the contents of your Product Review.

By submitting a Product Review, we may automatically enroll you into one of our sweepstakes for a chance to win a prize, and such sweepstakes will be governed by official rules furnished by us or our service providers, and such rules include our First Aid Beauty Sweepstakes Rules, which are available here. The First Aid Beauty Sweepstakes Rules are hereby incorporated into, and form an integral part of, these Terms and you hereby agree to comply with the same.

PRODUCT DESCRIPTIONS

We strive to describe our products as accurately as possible on the Site. However, we do not warrant that the product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown.

SHIPPING POLICIES

When you place an order for an item through the Site, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process. Orders will only be shipped to addresses within the 50 states of the United States of America, the District of Columbia, the U.S. Virgin Islands, and Puerto Rico. We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.

There is a shipping charge for all orders that do not meet the $50 USD minimum purchase requirement. Expedited shipping may be purchased at additional cost. For more detail on our shipping policies, visit:

DISCOUNT CODES, PROMOTIONS AND FIRST AID BEAUTY REWARDS PROGRAM

From time to time in our sole discretion, we may offer “discount codes,” “promotional codes,” “promo codes,” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Site. Such offer codes may be subject to certain exclusions or other restrictions as determined and communicated by us. Only valid offer codes provided or promoted by First Aid Beauty will be honored at checkout. Codes supplied or promoted by third-parties unauthorized by us will be invalid. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the ‘Apply Discount’ or coupon field prior to checkout. We are not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is refunded. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.

Offer codes may be offered as part of First Aid Beauty’s customer loyalty program called First Aid Beauty Rewards (the “Rewards Program”). Your eligibility to participate in, as well as your participation in the Rewards Program, shall be governed by the First Aid Beauty Rewards Program Terms set forth at: Referral Program Terms. By participating in First Aid Beauty Rewards, you agree to the First Aid Beauty Rewards Program Terms.

In addition to offer codes, from time to time First Aid Beauty may conduct sweepstakes and other contests and promotions (“Contests”). Your eligibility to participate in, as well as your participation in any such Contests shall be governed by the specific set of terms and conditions (the “Contest Rules”) governing the Contest, as the same are made available for review at the time of the submission of an entry into the Contest. By participating in a Contest, you agree to the applicable Contest Rules.

We only accept returns on items purchased directly from us through Firstaidbeauty.com within 30 days of order receipt. Items purchased through any of our retail partners must be returned to the place of purchase. All items marked FINAL SALE will not be eligible for a return or exchange. In order to return your new or gently used online purchase, follow these steps:

• If you have an Account with us, log into your Account and request a new return under the “Returns” section of your Account.
• You may also email us, please email us at customerservice@firstaidbeauty.com please include your order number, name, email address, and phone number. Please note your original shipping and handling charges will not be refunded.
• We can provide you with a pre-paid return shipping label for you to send back your item(s). $5 will be deducted from your total refund if you choose to use the pre-paid shipping label. You may also send your return back to us using a shipping method of your choice, and you are responsible for the cost of the return shipping and handling. First Aid Beauty is not responsible for returned items lost during transit. Your refund will be processed in 7-10 business days after we have received your items.

Please return all packages to:

• First Aid Beauty
• ATTN: RETURNS
• 555 Gotham Parkway
• Carlstadt, NJ 07072

MONTHLY SWEEPSTAKES

If you are interested in First Aid Beauty’s monthly product drawing (“Sweepstakes”), please see our Sweepstakes Rules, which are accessible here.

USER SUBMISSIONS

These Terms govern your conduct, your rights, and our rights with respect to any text, photograph, video, post, communication, music, audio/sound recording, artwork, ratings, reviews or other materials or information you submit to the Site ("Submission"). When you submit a Submission, you agree to the following:

• your Submission is original, accurate, created by you, and not an impersonation;
• you are currently a bona fide user of the First Aid Beauty product(s) mentioned in your Submission and your Submission reflects your true and honest opinion of and current experience with such products(s);
• you are over the age of majority, or, if a minor, your parent or legal guardian consents to your submission;
• you are not an employee of First Aid Beauty, nor do you work for an affiliate or agency of First Aid Beauty hired to promote and/or sell First Aid Beauty products;
• your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for First Aid Beauty or any third party;
• your Submission is made without any prior payment or promise of payment for your proposed Submission now or in the future;
• your Submission is not false, misleading, offensive, profane, vulgar, obscene, derogatory, defamatory, libelous, slanderous, or otherwise inappropriate;
• your Submission does not contain content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
• your Submission does not contain content which violates any law, statute, ordinance or regulation or content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
• your Submission does not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
• your Submission does not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with First Aid Beauty;
• your Submission does not contain programming or materials containing any Trojan horses, viruses, worms, harmful code, or other potentially damaging information, programs, or file; and
• First Aid Beauty’s use of your Submission does not violate these Terms and will not cause injury to any person or entity

If the Submission is related in any way to a promotion, sweepstakes, contest, giveaway, or similar program, the specific Promotion Rules (as defined above) apply. Any opinions, advice, statements, services, offers, or other information contained in Submissions expressed or made available on the Sites are those of the respective author(s) or distributor(s) and not of First Aid Beauty. We neither endorse nor guarantee the accuracy, completeness, or usefulness or any such Submission.

First Aid Beauty does not and cannot review all Submissions posted to or created by users accessing the Site and is not in any manner responsible for the content of these Submissions. First Aid Beauty will have no obligation to post or use any Submission(s). First Aid Beauty reserves the right to block or remove Submissions and/or Users at any time in its sole and absolute discretion. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any Submission will be considered non-confidential and non-proprietary. First Aid Beauty will have no confidentiality obligations with respect to the Submissions.

By submitting a Submission, you grant to First Aid Beauty:

• a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to access, use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, display, and perform such Submission(s), in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on First Aid Beauty's web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
• an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively "Your Personal Content") as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on First Aid Beauty's web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).

You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above

By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, First Aid Beauty and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of the First Aid Beauty's rights as noted above.

You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in this Agreement at a later time. First Aid Beauty does not guarantee that you will have any opportunity to edit or delete your Submission. You acknowledge that you are solely responsible for the contents of any Submission(s).

Finally, we appreciate hearing from the public and welcome your comments regarding the Site and/or First Aid Beauty products. If you send us any creative ideas, suggestions, inventions, or materials (“Creative Ideas”), you agree that we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

CODE OF CONDUCT

By accessing or using any Site or any other feature provided through our Site, including but not limited to, when submitting a Submission to our 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 to:

• Use the Site in breach of these Terms;
• Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any Site or use or access to the Site;
• Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity
• Impersonate another person or entity;
• Promote, solicit, or participate in any multilevel marketing or pyramid schemes;
• Solicit personally identifiable information from or exploit any individual under eighteen (18) years of age;
• Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum’s designated topic or theme;
• Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the website;
• Gain unauthorized access to any computer system or nonpublic portion of the Sites or interfere with or disrupt the Sites, servers, or networks connected to the Sites;
• Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Sites’ users;
• Use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability; or access the Site from a jurisdiction where it is illegal or unauthorized.

First Aid Beauty cannot and does not assure that other Users are or will be compliant with the foregoing Code of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

LINKS TO OTHER SITES

The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

DMCA

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to

• First Aid Beauty
• ATTN: DMCA Notice
• 70 Bridge Street, Suite 203
• Newton, MA 02458

DISCLAIMER

Released Parties Defined. “Released Parties” include First Aid Beauty Ltd., and its affiliates, officers, employees, agents, partners, and licensors.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

LIMITED LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIRST AID BEAUTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.

CONFLICT RESOLUTION

You hereby (i) agree that any action at law or in equity arising out of or relating to these Terms or our Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability to arbitrate such dispute, claim, or controversy, shall be filled only in the state or federal courts of Middlesex County, Massachusetts, and (ii) consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms or our Privacy Policy may be brought by either party more than one year after the cause of action has occurred. AT THE SOLE DISCRETION OF THE COMPANY, WE MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THESE TERMS (INCLUDING OUR PRIVACY POLICY OR HEALTH PRIVACY POLICY), INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) APPLYING MASSACHUSETTS LAW, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration. The parties agree that the arbitrator shall NOT have the authority to award attorneys’ fees, unless otherwise expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.

TERMINATION

Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.

WAIVER

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

SEVERABILITY

If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

CHANGES TO THESE TERMS

First Aid Beauty reserves the right to change or modify these Terms, in whole or in part, at any time in its sole discretion upon notice to you by electronic means, including by posting such information and materials online at the First Aid Beauty Website. Any changes or modifications will be effective immediately upon posting the revisions to the First Aid Beauty Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following any such changes or modifications confirms your acceptance of these Terms and such changes or modifications. If you do not agree to these Terms, you must stop accessing and using the Site.

ENTIRE AGREEMENT

These Terms, including any other First Aid Beauty terms or policies linked to from within these Terms, constitute the entire agreement between you and us with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site, except as specifically set forth in these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other contracts. Any rights not expressly granted herein are reserved.

CONTACT US

If these Terms do not address your question, or if you would like to report a violation of our Code of Conduct, please contact us as follows:

BY PHONE

1-800-322-3619

E-MAIL

customerservice@firstaidbeauty.com

Copyright 2020 FIRST AID BEAUTY. All rights reserved.

EFFECTIVE AND AMENDMENT DATE

Terms & Conditions was last amended on June 17, 2024.