Terms & Conditions

Effective March 2020

THE SECTION BELOW ENTITLED “DISPUTE RESOLUTION” HAS A MANDATORY ARBITRATION PROVISION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.

CLEAN BEAUTY COLLECTIVE TERMS OF USE

These Terms of Use ("Terms of Use") are a legal and binding agreement between you and Clean Beauty Collective Inc. (referred to herein as “Clean Beauty,” “we”, “us”, or “our”) governing your access to and when you use our website located at https://theclean-beauty.com (the “Site”), which is owned and operated by or on behalf of Clean Beauty, and all content, information, features, functionality, and offers made available through the Site (the “Online Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING AND USING THE SITE AND ONLINE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHOULD NOT VISIT THE SITE OR USE THE ONLINE SERVICES.

In addition, when you place an order for the Clean products through the Site (“Products”), you will also be subject to Clean Beauty’s applicable Terms of Sale (below) which include shipping and returns policies.

1. Modifications

We may update, change, modify, or revise these Terms of Use at any time and for any reason. Any changes will become effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms of Use. Your continued access to and/or use of the Site and Online Services after any such modifications constitute your acceptance of the Terms of Use as modified. It is your responsibility to review the Terms of Use regularly for updates. Please contact us as provided in the Contact Us section below if you would like information regarding any modifications. If any modifications to these Terms of Use is held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms of Use and the remaining provision.

2. Privacy

Please review our Privacy Policy as posted on the Site (the “Privacy Policy”) to understand Clean Beauty’s privacy practices regarding your use of the Site.

3. Use

Clean Beauty hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site and Online Services solely for your personal, non-commercial use in accordance with these Terms of Use. You shall not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site or Online Services.

Clean Beauty may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the Online Services, or (b) change, revise, or modify the Online Services.

4. Ownership and Intellectual Property Rights

The Site, Online Services, and all Clean Beauty software, systems, technology, and know-how (“Clean Beauty Technology”) are owned by or licensed to Clean Beauty and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress for the Products and those included in or made available through the Site and Online Services are owned by or licensed to Clean Beauty and protected by U.S. and international trademark laws (collectively, the “Marks”). You agree that Clean Beauty or its licensors own and retain all right, title and interest (including all intellectual property rights) in and to the Site, Online Services, Marks, and Clean Beauty Technology (collectively, the “Clean Beauty Intellectual Property”), and that no interest therein is transferred to you except for a limited, personal right to use such solely in connection with the Site and Online Services.

Except as expressly set forth herein, nothing herein shall be construed to confer any grant or license of any Clean Beauty Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any Clean Beauty Intellectual Property except as expressly provided in these Terms of Use. You are also advised that Clean Beauty and its licensors will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

5. Restrictions on Use

You agree not to:

reproduce, distribute, publicly display, or otherwise transfer the Site or Online Services;
adapt, alter, modify, reverse engineer, disassemble, or decompile the Site, Online Services, or any Clean Beauty Technology;
prepare derivative works based on the Site, Online Services, or any Clean Beauty Technology;
remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Site, Online Services, Products, any Clean Beauty Technology;
frame, mirror, or in-line link the Site or Online Services, or incorporate into another website, application, or other service any Clean Beauty Intellectual Property;
use the Site, Online Services, or the any Clean Beauty Technology for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
interfere with any access control measures or attempt to disable or circumvent such security features;
post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
submit or post any false or misleading information; and/or
violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Clean Beauty Brands, its licensors, or any other person or entity.

We reserve the right to prohibit or remove any access ability, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, the Online Services, users, us, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms of Use and/or applicable law.

Any unauthorized use automatically terminates the license granted to you hereunder.

6. Accounts

To order Products, you may be required to create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all orders made from your account. You agree to notify us immediately of any unauthorized use of your login. Clean Beauty shall not be liable for any loss or damage arising from your failure to comply with these obligations.

7. Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site, to Us, or our social media pages, including without limitation, your Product reviews (“Submissions”). You understand that, except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, Submissions are considered non-confidential and non-proprietary. Furthermore, you grant Clean Beauty an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to Clean Beauty and grant the licenses set forth above; (b) Clean Beauty will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations.

Clean Beauty takes no responsibility and assumes no liability for any Submission.

8. Disclaimer of Warranties

THE SITE AND ONLINE SERVICES ARE PROVIDED "AS IS”. CLEAN BEAUTY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CLEAN BEAUTY DOES NOT GUARANTEE THAT THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

If you are dissatisfied with the Site and/or Online Services in any way, your sole and exclusive remedy is to discontinue accessing and using the same.

9. Limitation of Liability

IN NO EVENT SHALL CLEAN BEAUTY, ITS BUSINESS PARTNERS AND LICENSORS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MONETARY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ONLINE SERVICES OR THESE TERMS OF USE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF CLEAN BEAUTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CLEAN BEAUTY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) ARISING FROM THE SITE OR ONLINE SERVICES AND/OR THESE TERMS OF USE, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Clean Beauty and its licensors from and against any and all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees and costs) arising from your breach of these Terms of Use.

11. Electronic Communications

When you visit or use the Site or Online Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are deemed to be given and received on the date we transmit any such electronic communication.

12. Mobile Terms of Service

The Clean Beauty Collective mobile message service (the "Service") is operated by Clean Beauty Collective (“Clean Beauty Collective”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Clean Beauty Collective’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Clean Beauty Collective through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Clean Beauty Collective. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18665615557 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Clean Beauty Collective mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18665615557 or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

13. Links

The Site and our emails may contain links to other third party websites and social media pages (“Linked Sites”). These Terms of Use only apply to the Site and do not apply to any Linked Sites. We encourage you to read and understand the terms of use of any Linked Sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Site.

14. International Use

The Online Services are controlled, operated, and administered by a Clean Beauty office from within the United States of America. We make no representation regarding use of the Online Services outside of the United States.

15. Governing Law

These Terms of Use are governed by the laws of the State of New York. The United Nations Convention of Contracts for International Sale of Goods, Uniform Commercial Code, and the Uniform Computer Information Transaction Act shall not apply to these Terms of Use or the Online Services.

16. Dispute Resolution

YOU AND CLEAN BEAUTY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

Any claim, dispute, or controversy (regardless of the cause of action or nature of the claim) between you and Clean Beauty, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you or Clean Beauty in connection with the Site or Online Services, or arising from or relating in any way to your use of the Site or Online Services, these Terms of Use, or the interpretation, breach, termination, or validity thereof, shall be resolved exclusively and finally by binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating to the enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms of Use is void, voidable, or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (“AAA”). Arbitration proceedings shall be governed by this provision and the applicable procedures of AAA. You agree to an arbitration on an individual basis and agree to hereby waive any right to pursue any class action or collective claim or action. Regardless of any law to the contrary, any claim against Clean Beauty must be filed within one year of the time such claim arose, otherwise such claim will be barred forever. If any provision of this arbitration provision is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced, but in no case shall there be a class arbitration. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

17. Violation of these Terms of Use and Remedies

Clean Beauty may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and Online Services if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith. You hereby agree that any violation, or threatened violation, by you of these Terms of Use will cause irreparable harm to Clean Beauty, and therefore you agree that Clean Beauty shall be entitled to injunctive or equitable relief without the necessity of posting a bond, in addition to any other available remedies.

18. General Provisions

If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use, Terms of Sale and Privacy Policy shall continue in full force and effect. Clean Beauty’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Clean Beauty hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy and Terms of Sale, as each is currently posted, constitute the entire agreement between Clean Beauty and you with respect to your use of the Site and the Online Services and supersede all previous written or oral agreements relating to the subject matter hereof.

19. Contact Us.

If you have any questions or concerns about the Site, Online Services, these Terms of Use, or our Products please contact us as follows:

[email protected]

Clean Beauty Collective Inc.

45 W 45^th Street, 2^nd Floor

New York, New York 10036

TERMS OF SALE

These Terms of Sale apply to your online purchase of the Clean eco-conscious and sustainable prestige beauty products (the “Products”) directly from Clean Beauty Collective Inc. (“Clean Beauty,” "we," or "us") through our website located at www.theclean-beauty.com (collectively, the “Site”).

YOU AGREE TO THESE TERMS OF SALE BY PLACING YOUR ORDER. THIS IS A BINDING AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT PLACE AN ORDER.

Clean Beauty reserves the right to update and change these Terms of Sale effective upon posting of the updated Terms to the Site. You are advised to check the Terms of Sale from time to time for any updates or changes that may affect you.

1. Pricing

Unless otherwise indicated, all prices listed on the Site are in U.S. dollars and do not include any applicable taxes or shipping costs, for which you are responsible as specified during check-out.

2. Placing an Order

Currently, we only accept orders through the Site from customers located in the US. We do not ship Products outside the US.

Most orders are processed within 1 - 2 business days from the time the order is placed. Orders placed during the weekend will be processed the following Monday, unless it is a holiday. Orders placed during a holiday will be processed the next business day.

All orders are subject to availability and confirmation. Payment must be received prior to our acceptance of an order, and we reserve the right, but have no obligation, to confirm the credibility of all payment transactions. We reserve the right to decline your order in the event that we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, or we do not have the item in stock.

We do not sell Products through our Site to persons under the age of 18 unless you have the permission of a parent or legal guardian as you have to have a credit or debit card to complete your order. If you are under the age of 18, you should ask an adult to make the purchase on your behalf.

3. Shipping

We offer the following shipping methods:

Standard Ground Shipping: 5 - 7 business days from the time order is processed
Expedited Shipping: 3 - 5 business days from the time order is processed

4. Accounts

You may purchase Products through the Site as a guest or by creating an online customer account (“Account”). If you create an Account, you are responsible for maintaining the confidentiality of your login and password and for restricting access to your Account. You agree to accept responsibility for all orders placed and activities that occur under your Account. If you have an Account, you can view the status of your order by clicking on the My Account link located on the top right hand side of the Site.

5. Return and Exchange Policy

RETURNS and REPLACEMENTS

CLEAN BEAUTY COLLECTIVE honors a 30-day money-back satisfaction guarantee. If for any reason you are not completely satisfied with your CLEAN BEAUTY COLLECTIVE order, simply return the unused portion and your theclean-beauty.com receipt within 30 days of purchase and we will reimburse your account for the full amount. We’re sorry; Shipping & Handling fees are not refundable. Returns will ONLY be granted on items purchased from theclean-beauty.com.

If your product was damaged in transit, please reach out to [email protected] and provide your order # and a photograph of the damaged product. Someone from Customer Service will get back to you regarding a replacement.

In order to initiate a RETURN, you will need your Order #. It can be found on your confirmation email sent to you at time of purchase. You may also find it by signing up for a theclean-beauty.com Account by clicking on "Account" at the top right corner of the homepage. From there you will be guided through the process and all orders will be saved for future reference.

To start your RETURN, please go to https://www.theclean-beauty.com/apps/returns. You will be asked to input your order details. From there you will be able to initiate your RETURN. All refunds are processed once your return is scanned in by the carrier. Refunds may take up to 10 business days to see on your credit card statement depending on your financial institution. You will receive a confirmation email when your return and refund is processed. If you do not do so, please check your spam folders. A missing email DOES NOT mean that your refund was not processed, so we kindly ask that you wait a few days before reaching out to Customer Service to ensure that your refund is truly missing.

Please include the printed order confirmation email or write the order # on a sheet of paper and include with the return. If you do not have a printer at home, you can take the provide QR code to FEDEX and they can print out everything for you. They can also provide a box if you no longer have one.

EXCHANGES

Unfortunately, we cannot provide exchanges at this time.

6. Final Sale Items

Products marked as "Final Sale" cannot be returned or exchanged. They are also not eligible for any discounts or promo code usage unless otherwise noted.

7. Payment

We currently accept payments for orders through our Site via debit card and credit card (Visa, American Express, MasterCard, or Discover). All payments are processed by our third party service provider. Payment will be debited and cleared from your account upon order confirmation. In filling out the payment requirements, you confirm that you are an authorized user of the credit/debit card. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of the credit/debit card rejects authorization of payment to us, we will not be held liable for any delay, non-delivery, or cancelation of your order.

8. Sales Tax

We charge sales and shipping tax where required by the applicable law, in which event such taxes will be added to the order amount.

9. Shipping

All shipments are handled either by USPS, UPS, or FedEx. Shipping charges may apply as specified during check-out. The total delivery time for your order is based on the processing time and shipment method selected. Once processed, your order will ship as indicated on the order. Our shopping bag is currently configured only for customers located within the US, and we are unable to process or ship orders placed from outside of the US or for shipment of the Products outside the U.S.

10. Product Descriptions

Product images are subject to change. Some items may appear larger or smaller than their actual sizes, and are not shown to scale. The item descriptions indicate approximate size. Also, please note that because computer monitors have different settings, colors and sizes may vary. If you have any questions regarding the size, color, or any other physical aspect of a particular Product, please contact us at [email protected]. However, Clean Beauty does not warrant that Product images or descriptions are accurate, complete, reliable, current, or error-free. If a Product is not as described on this Site, your sole remedy is to return it in unused condition, for an exchange or refund, as solely determined by us.

11. Products Not For Resale

The Products are available for purchase by consumers only and not for commercial use, resale or export.

12. Limited Warranty; Disclaimer

Clean Beauty warrants to the original purchaser only that the Product purchased from this Site is free from defects in workmanship and material under normal and intended use. Clean Beauty’s obligation under this warranty is limited to, at our option, replacement or refund of the purchase price paid for such Product for any Product that does not confirm to this limited warranty, provided that you must give us written notice within thirty (30) days from purchase from this Site. This warranty does not apply to any Product that has been misused or damaged due to negligence, accident, or otherwise, or any alterations to the Product.

Additionally, you have thirty (30) days from purchase to notify Clean Beauty of any missing, incorrect, or damaged portion of your order, which we will correct or replace, at our option, or we cannot be held responsible or liable for these issues.

TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE FOREGOING LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER EXPRESSED AND IMPLIED WARRANTIES, WHICH WE DISCLAIM. REPRESENTATIONS OR PROMISES INCONSISTENT WITH OR IN ADDITION TO THIS WARRANTY ARE UNAUTHORIZED AND SHALL NOT BE BINDING ON CLEAN BEAUTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

13. Limitation of Liability

CLEAN BEAUTY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN NO EVENT SHALL CLEAN BEAUTY OR ANY OF ITS PARTNERS OR SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR SIMILAR DAMAGES, WHETHER OR NOT FORESEEABLE AND REGARDLESS OF THE NATURE OF THE CLAIM. IN NO EVENT SHALL CLEAN BEAUTY BE LIABLE TO ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS FROM THIS SITE, CLEAN BEAUTY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT ACTUALLY PAID FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

14. Governing Law

You agree that these Terms of Sale, any order or purchase through the Site, or any claim, dispute, or controversy (whether in contract, tort, or otherwise) between you and Clean Beauty arising from or relating to these Terms of Sale, or the interpretation, breach, or validity thereof, are governed by the laws of the State of New York, without regard to conflicts of law.

15. Dispute Resolution and Binding Arbitration

Any claim, dispute, or controversy (regardless of the cause of action or nature of the claim) between you and Clean Beauty, its agents, service providers, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you or Clean Beauty in connection with your purchase, or arising from or relating in any way to your order or purchase, the Products, these Terms of Sale, or the interpretation, breach, termination, or validity thereof, shall be resolved exclusively and finally by binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating to the enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms of Sale is void, voidable, or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (“AAA”). Arbitration proceedings shall be governed by this provision and the applicable procedures of AAA. You agree to an arbitration on an individual basis and agree to hereby waive any right to pursue any class action or collective claim or action. Regardless of any law to the contrary, any claim against Clean Beauty must be filed within one year of the time such claim arose, otherwise such claim will be barred forever. If any provision of this arbitration provision is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced, but in no case shall there be a class arbitration. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

THE LOYALTY PROGRAM FOR CLEAN BEAUTY COLLECTIVE’S CUSTOMERS

TERMS AND CONDITIONS

MEMBERSHIP

Clean & Conscious Rewards, Clean Beauty Collective’s loyalty program (the “Program") is offered by Clean Beauty Collective, Inc. ("Company") to customers making purchases and to potential customers on theclean-beauty.com. Company will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time. These terms and conditions (hereinafter "Terms and Conditions") form the agreement (the "Agreement") between you ("Member") and Company with respect to the Program. 

MEMBERS' ACCEPTANCE OF TERMS

By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Terms and Conditions, including the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Members who have violated any of the Program Terms and Conditions.

COMPANY'S RIGHT TO CHANGE/CANCEL PROGRAM

Company may alter, limit, modify or terminate the Program, the Program structure, any other feature of the Program, or these Terms and Conditions in its sole and absolute discretion at any time and in any manner without notice. Your continued participation in the Program will confirm your acceptance of such changes. 

MEMBERSHIP ELIGIBILITY

The Program is open to U.S. residents. Membership is limited to individuals only and is limited to one account per individual. Membership is not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its sole and absolute discretion.

MEMBERSHIP ENROLLMENT

Individuals can enroll by creating an account at theclean-beauty.com. Member must provide information accurately and completely when creating an account. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Member should promptly advise Company of any changes to their personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting www.theclean-beauty.com/account and updating their Member account.

PROGRAM COMMUNICATIONS

Company will communicate with Members about marketing via mail, email, SMS and other channels, including about special Member promotions, offers and more. Company will also use these channels to communicate the Member’s tier status, notify Member of eligibility for a benefit, communicate Program changes and more. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

DATA PRIVACY

For privacy information, pertaining to YotPo, information can be found on their website at https://www.yotpo.com/privacy-policy/. For more information regarding our Company’s privacy policy, please visit https://www.theclean-beauty.com/pages/privacy-policy

RETURNS

Merchandise returns must be made in accordance with Company's return policy available at https://www.theclean-beauty.com/pages/shipping-and-returns. Upon the return of an item, the spend amount applied to Program Level status for the original purchase will be deducted from the Member's account.

ELIGIBLE PURCHASES

Purchases of merchandise and/or services, after promotional offers have been applied, before taxes and shipping charges have been applied, made at theclean-beauty.com, count toward your Program tier status. The amount of a purchase made with store credit as method of payment will not be applied to Tier Level earnings. The amount of a purchase made with a Clean Beauty Collective gift card as method of payment will not be applied to Tier Level earnings. The purchase of a Clean Beauty Collective gift card will be applied to Tier Level earnings. Additional items may be excluded from Tier Level accumulation at the sole discretion of Company.

Tier STATUS

Program tier status is based solely on a customer’s total dollar spend on theclean-beauty.com. The criteria for each Tier are as follows:

Seed:  A customer receives Seed status upon creating an account at theclean-beauty.com. That account will retain Seed status until spending $500 in a rolling 12 month timeframe.
Bud:  If a customer’s account accumulates $500 of total spend on theclean-beauty.com, they will receive Bud status for a rolling 12 month timeframe. To remain a Bud, a customer must accumulate $500 of spend during the rolling 12 month timeframe. Each new 12 month timeframe requires the customer to spend $500 on theclean-beauty.com to retain Bud status for another 12 months. If a customer does not spend $500, the customer will revert to Seed Status, losing Bud benefits. In order for the customer to regain Bud status, the customer must make a purchase of $500 or more.
Bloom: If a customer’s account accumulates $1000 of total spend on theclean-beauty.com in a rolling 12 month timeframe, the customer will receive Bloom status for 12 months. To remain a Bloom, a customer must accumulate $1000 of dollar spend during a rolling 12 month timeframe.  Each new rolling 12 month timeframe requires the customer to spend $1000 on theclean-beauty.com to retain Bloom status for another 12 months. If a customer does not spend $1000, the customer will revert to Bud Status, losing Bloom benefits. In order for the customer to regain Bloom status, the customer must make a purchase of $1000 or more.

For more information on Program tiers, see https://www.theclean-beauty.com/pages/rewards

VALID EMAIL ADDRESS

A current, valid email address is required for a Member to be eligible for select benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online.

RIGHT TO REVOKE

Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole and absolute discretion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud.

NO TRANSFER

Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits have no cash value and are not exchangeable for cash.

TAXES

Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member's participation in the Program.

 No Warranty

Company and each of its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.

GOVERNING LAW

These Terms and Conditions, the relationship between you and the Company, and Company's Clean & Conscious Rewards loyalty program, shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions.

MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS.

ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY'S CLEAN & CONSCIOUS REWARDS LOYALTY PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR IN SAN FRANCISCO, CALIFORNIA. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, COMPANY AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

Release of liability and LIMITATION ON DAMAGES

You release Company and its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents from and against any and all liability relating to your membership or participation in the Program or these Terms and Conditions. To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Members' participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages.

INTELLECTUAL PROPERTY

All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by Company and may be registered in the United States and internationally.