Terms and Conditions - Updated
LAST UPDATED: APRIL 16, 2021.
Note: these Terms contain a dispute resolution and arbitration provision, including class action waiver that affects your rights under these Terms and with respect to disputes you may have with BQG. You may opt out of the binding individual arbitration and class action waiver as provided below.
BQG may make changes to the content and Services offered on the Sites or via the Mobile Applications at any time. BQG may changes to the Terms at any time by posting the updated Terms on the applicable Site(s). By using any Site or Mobile Application after BQG has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Sites and Mobile Applications.
By using a Site or Mobile Application, you represent, acknowledge, and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site and/or Mobile Application with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless BQG if the Minor breaches any of these Terms. Our Sites and Mobile Applications are not targeted toward, nor intended for use by, anyone under the age of 13. If you are not at least 13 years old, you may not use our Sites or Mobile Applications at any time or in any manner or submit any information to BQG, the Sites, or the Mobile Applications.
BQG provides content through the Sites and Mobile Applications that includes one or more copyright-protected works and trademarks and service marks of BQG, BQG’s third-party licensors and suppliers, or other users of the Sites and/or Mobile Applications (collectively, the “Materials”). Materials may include logos, graphics, video, images, software, and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, BQG hereby grants you a limited, personal, non-exclusive, non-sublicensable, and non-transferable license to use and to display the Materials and to use the Sites solely for your personal use. Except for the foregoing limited license (and the license set forth in the section below entitled Mobile Applications), you have no other rights in the Sites or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
USING THE SITE AND THE SERVICES ON THE SITE
You need not register with BQG to simply visit and view the Sites and use many of the Services available on the Sites or Mobile Applications. However, BQG may from time to time require you to register for an account with BQG in order to access certain password-restricted areas of a Site and/or to use certain Services and Materials offered on and through a Site or Mobile Application.
If account registration is offered and you desire to register for an account with BQG, you must submit information via the Mobile Application or through the account registration page on a Site (as applicable), which may include your e-mail address, name, and mailing address. You may also have the ability to provide additional optional information about yourself, which is not required to register for the account, but may be helpful to BQG in providing you with a more customized experience when using the Site, the Mobile Application, or the Services. Once you have submitted your account registration information, BQG shall have the right to approve or reject the requested account, in BQG's sole discretion. If your account is approved, you will be permitted to log in to the applicable Site(s) or Service(s) using the password you select.
You may also be provided with the ability to register for an account on the Site or Mobile Application using your existing account and log-in credentials through certain Third-Party Sites (as defined below) such as Facebook or Twitter.
You are responsible for maintaining the confidentiality of your BQG password and any Third-Party Site password used to access our Sites, Mobile Applications, and/or Services (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords, or do anything else that might jeopardize the security of your Passwords. You agree to notify BQG if any of your Passwords are lost or stolen, if you are aware of any unauthorized use of your Passwords or if you know of any other breach of security in relation to any Site or Mobile Application.
All the information that you provide when registering for an account and otherwise through the Sites or Mobile Applications must be accurate, complete, and current. You may change, correct, or remove any information from your account by logging into your account directly and making the desired changes.
By using a Site, a Mobile Application, and/or the Services, you consent to receiving electronic communications from BQG. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Site, Mobile Application, and/or Services provided on or through the Site and/or Mobile Applications. These electronic communications are part of your relationship with BQG. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Some of our Sites may contain an e-commerce feature that allows us to sell our products and services to you. Please see our FAQ section about ORDERING INFORMATION for more information regarding our policies for placing online orders.
You may not use our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction. We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to refuse any order you place with us. We reserve the right at any time to modify or discontinue any product or service (or any part or content thereof) without notice at any time, and shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service. Prices for our products are subject to change without notice. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
Certain products or services may be available exclusively online through a Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. Any offer for any product or service made on a Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree 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. All sales and payments will be in US Dollars.
LINKS TO THIRD-PARTY SITES
Our Sites or Mobile Applications may be linked to other websites that are not BQG sites, including, without limitation, social networking, blogging, and similar websites through which you are able to log into a Site or Mobile Application using your existing account and log-in credentials for such third-party sites, websites from which you may purchase BQG products, and websites with content that you may find interesting (collectively, “Third-Party Sites”). Certain areas of a Site or Mobile Application may allow you to interact and/or conduct transactions with such Third-Party Sites and/or allow you to configure your privacy settings in your Third-Party Site account to permit your activities on our Site or Mobile Application to be shared with your contacts in your Third-Party Site account. In certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on our Site or Mobile Application. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions of use from those found on our Sites, and you further acknowledge and agree that, in such cases, your use of such Third-Party Sites is governed by such third party privacy policies and terms and conditions of use. BQG provides links to Third-Party Sites to you as a convenience, and we do not verify, make any representations about, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT BQG WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES, FOR YOUR DEALINGS OR COMMUNICATIONS WITH ANY THIRD PARTIES, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, PRODUCTS, SERVICES OR BUSINESS PRACTICES OF ANY THIRD PARTY. Unless specifically stated on our Site or Mobile Application, we do not endorse any such Third-Party Sites, the products, services, or materials found there, or any results that may be obtained from using them.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, and other content or material that you submit, upload, post, create or otherwise generate or make available on or through any of our Sites, Mobile Applications, or Services (each a “Submission”). You may not upload, post or otherwise generate or make available to us any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability, and appropriateness.
You agree to pay for all royalties, fees, damages, and any other monies owing any person by reason of any Submissions you provide.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require BQG to monitor, police, or remove any Submissions or other information submitted by you or any other user.
When using the Sites and/or Mobile Applications, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, politically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit or obscene language or solicit or post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyright- or trademark-protected materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site or Mobile Application.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on a Site or via a Mobile Application.
- Post anything contrary to our public image, goodwill, or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.
This list of prohibitions provides examples and is not complete or exclusive. BQG reserves the right to (a) terminate access to your account and/or your ability to post to the Sites (or use the Mobile Applications or Services) and (b) refuse or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that BQG determines is inappropriate or disruptive to a Site, a Mobile Application, or to any other user of the Site, Mobile Application, and/or Services. BQG may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at BQG's discretion, BQG will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.
Unauthorized use of any Materials contained on the Sites or Mobile Applications may violate certain laws and regulations.
You agree to indemnify and hold harmless BQG and any other Licensee and their respective officers, directors, employees and agents from any actual or threatened claim, suit, and action related to the use of a Site, Mobile Application, Service or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
The trademarks, logos, and service marks displayed on the Sites and/or Mobile Application (collectively, the “Trademarks”) are and remain the registered and/or common law marks of BQG, our affiliates, our licensors, or our partners in the United States and other countries, and are protected by laws of the governing jurisdictions.
Unless otherwise specified in these Terms, all information and screens appearing on the Sites or Mobile Applications, including documents, services, site designs, texts, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of BQG, our affiliates, our licensors, or our partners. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any Trademark or copyrighted material is strictly prohibited without the express written consent of the owner.
INTELLECTUAL PROPERTY INFRINGEMENT
BQG respects the intellectual property rights of others, and we ask you to do the same. BQG may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the Sites and/or Mobile Applications for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on a Site, please provide BQG's designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit BQG to locate the material.
- Information reasonably sufficient to permit BQG to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
BQG's agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:
Transom Symphony OpCo, LLC DBA Beauty Quest Group
120 Long Ridge Road, 3rd Floor, Stamford, CT 06902
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing shall be liable for any damages, including costs and attorneys’ fees incurred as a result of such misrepresentation.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to BQG's designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which BQG may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
BQG reserves the right, in its sole discretion, to terminate the account or access of any user of our Sites and/or Services who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF MEDICAL LIABILITY
YOU UNDERSTAND AND AGREE THAT THE SITES, MOBILE APPLICATIONS, SERVICES AND ANY MATERIALS DO NOT PROVIDE MEDICAL ADVICE. RELIANCE ON ANY INFORMATION PROVIDED IS SOLELY AT YOUR OWN RISK. THESE SITES, MOBILE APPLICATIONS, SERVICES AND ANY MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION PROVIDED IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF CONTENT PRESENTED ON THE SITES OR MOBILE APPLICATIONS. IF YOU HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. AS SET FORTH MORE FULLY BELOW, BQG WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM THESE THE SITES, MOBILE APPLICATIONS, SERVICES AND ANY MATERIALS.
BQG RECOGNIZES THAT SALON AND SPA OWNERS, COSMETOLOGISTS, ESTHETICIANS AND OTHER STAFF MEMBERS IN THE BEAUTY CARE INDUSTRY ARE SUBJECT TO VARIOUS LOCAL, STATE AND FEDERAL LAWS, RULES AND REGULATIONS ("REGULATIONS"). THESE SITES ARE FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT SUPERSEDE OR INTERPRET ANY SUCH REGULATIONS.
DISCLAIMER OF WARRANTIES
Your use of the Sites, Mobile Applications and Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by BQG, and they may include inaccuracies or typographical or other errors. BQG does not warrant the accuracy or timeliness of the Materials contained on the Sites and/or Mobile Applications. BQG has no liability for any errors or omissions in the Materials, whether provided by BQG, our licensors or suppliers or other users.
BQG, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES, THE MOBILE APPLICATIONS, THE SERVICES, OR ANY MATERIALS, OR RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED OR PRESENTED ON THE SITES OR MOBILE APPLICATIONS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, THE MOBILE APPLICATIONS, THE SERVICES, THE MATERIALS, AND ANY INFORMATION CONTAINED OR PRESENTED ON THE SITES AND/OR MOBILE APPLICATIONS IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BQG DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
LIMITATION OF LIABILITY
BQG SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITES, MOBILE APPLICATIONS OR ANY SERVICES, OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITES. IN NO EVENT SHALL BQG BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF BQG KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
LOCAL LAWS; EXPORT CONTROL
BQG controls and operates the Sites from its offices in the United States of America, and the Services, Materials and Mobile Applications may not be appropriate or available for use in other locations. If you use a Site, Mobile Application and/or Services outside the United States of America, you are solely responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to BQG, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to a Site, a Mobile Application, any Services, or any Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and BQG is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that BQG is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. To the extent the foregoing assignment of rights, title, and interest in and to your Feedback is prohibited by applicable law, you hereby grant BQG and any other Licensee a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to fully use, practice, and exploit those non-assignable rights, title, and interest, including, but not limited to, the right to use, reproduce, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit, and distribute your Feedback, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, and to develop, manufacture, have manufactured, license, market, and sell, directly or indirectly, products and services using such Feedback.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at firstname.lastname@example.org. This Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) facilitates the efficient resolution of any disputes that may arise between you and BQG. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes (as defined below) between you and BQG shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys' fees).
For the purpose of this Provision, “BQG” means Transom Symphony OpCo, LLC DBA Beauty Quest Group and its parents, subsidiaries, and affiliates, and each of their respective shareholders, members, officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and BQG regarding any aspect of your relationship with BQG, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as BQG's licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
YOU AND BQG EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give BQG an opportunity to resolve the Dispute. You must commence this process by mailing written notification to BQG at Transom Symphony OpCo, LLC DBA Beauty Quest Group, 23 Barry Place, Stamford, CT 06902. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If BQG does not resolve the Dispute within forty-five (45) days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt-Out
Notwithstanding the above, you or BQG may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Transom Symphony OpCo, LLC DBA Beauty Quest Group, 23 Barry Place, Stamford, CT 06902, Attention: Legal Department. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with BQG through arbitration. Your decision to opt out of this Arbitration Provision will have no adverse effect on your relationship with BQG. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution), either you or BQG may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site, the distribution of Mobile Applications, and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing, but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or BQG may initiate arbitration in either Los Angeles, California, or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, BQG may transfer the arbitration to Los Angeles, California, in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – BQG will pay arbitration filing fees and arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. Notwithstanding the foregoing, you are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and BQG specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site or a Mobile Application can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and BQG are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and BQG might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with BQG or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if BQG makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require BQG to adhere to the language in this Provision if a dispute between us had arisen prior to the change.
BQG may make Mobile Applications available for use with mobile devices. To use a Mobile Application you must have a compatible mobile device. BQG does not warrant that any Mobile Application made available to you will be compatible with your mobile device. BQG hereby grants to you a non-exclusive, non-sublicensable, non-transferable, and revocable license to use an object code copy of the Mobile Application on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that BQG may from time to time issue upgraded versions of the Mobile Application, and may automatically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and BQG and its third-party licensors or suppliers retain all right, title, and interest in and to any Mobile Application (and any copy of the Mobile Application) BQG may make available to you. Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that BQG may provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and BQG only, and not with Apple, Inc. (“Apple”).
- Your use of the iOS App must comply with Apple's then-current App Store Terms of Service.
- BQG, and not Apple, is solely responsible for the iOS App and the Services and content available through the use thereof. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
- You agree that BQG, and not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that BQG, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple's subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that BQG may provide to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between you and BQG only, and not with Google, Inc. (“Google”).
- Your use of the Android App must comply with Google's then-current Google Play Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. BQG, and not Google, is solely responsible for the Android App and the Services and content available through the use thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
BQG prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by BQG, may result in immediate termination of your access to the Sites or ability to use our Mobile Applications without prior notice to you. The Federal Arbitration Act, Connecticut state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms, the Sites, the Mobile Applications or the Services will be heard in the courts located in Fairfield County in the State of Connecticut. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. BQG's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and BQG and supersede all prior or contemporaneous negotiations, discussions or agreements between you and BQG about the Sites, the Mobile Applications, and/or any Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Sites, Mobile Applications and Services are provided by Transom Symphony OpCo, LLC DBA Beauty Quest Group, 120 Long Ridge Road, 3rd Floor, Stamford, CT 06902. If you have a question or complaint regarding the Sites, Mobile Applications or Services, please contact Customer Service at email@example.com. You may also contact us by writing Transom Symphony OpCo, LLC DBA Beauty Quest Group, 120 Long Ridge Road, 3rd Floor, Stamford, CT 06902, Attention: Customer Service. California residents may reach the Consumer Information Division of the California Department of Consumer Affairs by post at Department of Consumer Affairs, Consumer Information Division, North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
If you have any questions about these Terms, you can reach us by email at firstname.lastname@example.org or by mail at Transom Symphony OpCo, LLC DBA Beauty Quest Group, 120 Long Ridge Road, 3rd Floor, Stamford, CT 06902, Attention: Customer Service.