Last Updated: August 2021
Bracorriah X Beauty makes no representation that the Website is appropriate or available in locations other than where it is operated by Bracorriah X Beauty. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country/region where such distribution or use would be contrary to law or regulation or which would subject Bracorriah X Beauty to any registration requirement within such jurisdiction or country/region. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website, purchase products through the Website ("Products"), or use other services made available through the Site.
2. Intellectual Property Rights
The content on the Website ("Bracorriah X Beauty Content") and the trademarks, service marks, patents, and logos on the Website ("Marks") are owned by or licensed to Bracorriah X Beauty or its affiliates and are subject to copyright, trademark, and other intellectual property rights under United States laws. Bracorriah X Beauty Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. All Bracorriah X Beauty graphics, logos, designs, patents, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of Bracorriah X Beauty LLC in the United States and/or other countries. Bracorriah X Beauty's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bracorriah X Beauty. BRACORRIAH X BEAUTY CONTENT ON THE SITE IS PROVIDED TO YOU "AS IS" FOR YOUR INFORMATION AND PERSONAL USE ONLY AND MAY NOT BE USED, COPIED, REPRODUCED, AGGREGATED, DISTRIBUTED, TRANSMITTED, BROADCAST, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPLOITED FOR ANY OTHER PURPOSES WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF BRACORRIAH X BEAUTY. PROVIDED THAT YOU ARE ELIGIBLE TO USE THE WEBSITE, YOU ARE GRANTED A LIMITED LICENSE TO ACCESS AND USE THE SITE AND THE BRACORRIAH X BEAUTY CONTENT AND TO DOWNLOAD OR PRINT A COPY OF ANY PORTION OF THE BRACORRIAH X BEAUTY CONTENT TO WHICH YOU HAVE PROPERLY GAINED ACCESS SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE. BRACORRIAH X BEAUTY RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN AND TO THE WEBSITE AND BRACORRIAH X BEAUTY CONTENT, PATENTS, AND MARKS.
3. Product Information
The Products displayed on the Website can be ordered and delivered only within the United States. See the Shipping Information section of the Website for more information. All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S. All material and information presented by Bracorriah X Beauty are intended to be used for personal, educational, or informational purposes only. The statements made about our products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements on the Website and Products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. If anyone who is under the legal adult age within their jurisdiction uses any Product purchased on the Website, it should be only after the legal or parental guardian has discussed the product with the minor's doctor. All Products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients for products to avoid potential allergic reactions and other contraindications to use. Use of the Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for cosmetic beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. Bracorriah X Beauty does not give or intend to give any answers to medical-related questions. Bracorriah X Beauty does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. If you are in need of medical attention, please consult with your physician.
The Products available on the Website, including any samples Bracorriah X Beauty may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Bracorriah X Beauty. Bracorriah X Beauty reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by Bracorriah X Beauty in its sole discretion. Except where prohibited by law, Bracorriah X Beauty may limit the number of Products available for purchase.
4. Color Information
While Bracorriah X Beauty has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
5. Purchases; Payment
Bracorriah X Beauty bills through an online billing account for purchases of Products and/or services. You agree to pay Bracorriah X Beauty all charges at the prices then in effect for the Products you or other persons using your billing account may purchase, and you authorize Bracorriah X Beauty to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. We reserve the right to correct any errors or mistakes in pricing that we make even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Bracorriah X Beauty. We may change prices at any time. All payments shall be in U.S. dollars.
6. Returns and Exchanges
Please review the Return and Exchanges policy posted on the Website and within the Terms and Condition page before making any purchases.
7. Mobile Services
If you access the Website via your mobile phone or tablet device, we do not currently charge for this access. Please be aware that if you access the Website via your mobile phone or provide a mobile phone number to us to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
8. Third Party Content and Third Party Sites
9. User Representations
Regarding Your Registration
By registering an account on the Website, you represent and warrant that:
all registration information you submit is truthful and accurate;
you will maintain the accuracy of such information;
you will keep your password confidential and will be responsible for all use of your password and account;
you are not under the legal adult age in the jurisdiction in which you reside; and
your use of the Website does not violate any applicable law or regulation.
Regardless of whether you register an account on the Website, if you provide any information on the Website that is untrue, inaccurate, not current, or incomplete, or if Bracorriah X Beauty has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and/or refuse you all current or future use of the Website (or any portion thereof). We reserve the right to remove or reclaim or change a user name you select if we determine in our discretion that it is inappropriate, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
Regarding Content You Provide
The Website may invite you to submit Product reviews, chat or participate in blogs, online forums, and other interactions with the Website and other users, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Bracorriah X Beauty and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit to us will be treated as non-confidential and non-proprietary.
When you create or make available a Contribution, you thereby represent and warrant that:
the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Bracorriah X Beauty and users of the Website to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors;
your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
in submitting your Contribution you have not used a false e-mail address, pretended to be someone other than yourself, or otherwise misled our company or third-parties as to the origin of any Contribution.
10. Contribution License
By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your name, image, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Bracorriah X Beauty does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We do have the right, in our sole and absolute discretion, to (i) remove, edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the Website, you hereby authorize Bracorriah X Beauty to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal or personal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
11. Prohibited Activities
You may not access or use the Website for any purpose other than that for which we make it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Bracorriah X Beauty. Prohibited activity includes, but is not limited to:
attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
attempting to impersonate another user or person or using the username of another user;
criminal or tortious activity; deciphering, decompiling, disassembling or reverse-engineering any of the software comprising or in any way making up a part of the Website; deleting the copyright or other proprietary rights notice from any Website content;
except as may be the result of a standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software on the Website; harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any services to you; interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
making any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email, or create user accounts by automated means or under false pretenses; selling or otherwise transferring your user profile;
systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us; tricking, defrauding or misleading us and/or other users, especially in any attempt to learn sensitive account information such as passwords; using any information obtained from the Website to harass, abuse, or harm another person; using the Website or data or other content from the Website as part of any effort to compete with Bracorriah X Beauty or to provide like services and products
using the Website in a manner inconsistent with any and all applicable laws and regulations.
Bracorriah X Beauty reserves the right but does not have the obligation to:
in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's Contribution or any portion thereof that may violate this Agreement or any Bracorriah X Beauty policies;
in our sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and otherwise, manage the Website in a manner designed to protect the rights and property of Bracorriah X Beauty and others and to facilitate the proper functioning of the Website.
13. Digital Millennium Copyright Act
If you believe that your work or content has been copied and posted to the Website in a way that constitutes copyright infringement, please provide Bracorriah X Beauty's Designated Copyright Agent with the following information in accordance with the Digital Millennium Copyright Act (the "DMCA"), 17 U.S.C. § 512(c)(3).
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Website;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your name, address, telephone number and email address; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
A copy of your notification will be sent to the person who posted the material addressed in the notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a DMCA notification. Accordingly, if you are not sure that the content at issue infringes your copyright, you should consider consulting an attorney first.
Notifications should be sent to our Designated Copyright Agent as follows:
Bracorriah X Beauty
Designated Copyright Agent
P.O. Box 1242
Maple Grove, MN 55369
Phone: (763) 203-9635
14. Reservation of Rights
15. Dispute Resolution
If a dispute should arise between you and Bracorriah X Beauty, we want to provide you with a resolution that is efficient and cost-effective by using our customer service team. We make every reasonable effort to resolve all customer disputes to your satisfaction. Customer service disputes can be resolved by calling 763-203-9635 or by sending an email to email@example.com. If your dispute cannot be resolved using our customer service team, then these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND BRACORRIAH X BEAUTY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE AND BE REPORTED TO US WITHIN 48 HOURS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. Agreement To Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Bracorriah X Beauty agree when necessary and according to Bracorriah X Beauty's sole discretion, to resolve pertinent claims relating to this Agreement through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, we may bring a lawsuit for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. You and Bracorriah X Beauty may also litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the state of Minnesota, without regard to its conflict of laws rules. The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of you and Bracorriah X Beauty, except that such arbitrator must be admitted to practice law in Minnesota with at least four years experience in that capacity and must have knowledge of and experience with the subject matter of the dispute. 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"). Nothing in this section shall prevent Us from pursuing injunctive relief. To the fullest extent permissible by law, you agree that you shall be responsible for all costs associated with initiating or administrating the arbitration. The arbitrator shall have no authority to award punitive damages and you hereby waive any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 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 any term or provision of this section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of this Agreement. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending dispute for which We have notice or pending arbitration proceeding.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. In the event any litigation should arise between you and Bracorriah X Beauty in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BRACORRIAH X BEAUTY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. The preceding sentence does not apply to New Jersey residents. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing the legal team at firstname.lastname@example.org and providing the requested information as follows: (1) Your Name; (2) the URL of this Agreement; (3) Your Address; (4) Your Phone Number; (5) and a clear statement that you wish to opt-out of this arbitration provision in the Agreement. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept this Agreement by using the Website.
17. Choice Of Law/Forum Selection
This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Minneapolis, MN.
18. Disclaimer of Warranties
BRACORRIAH X BEAUTY IS PROVIDING THE WEBSITE AND ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BRACORRIAH X BEAUTY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BRACORRIAH X BEAUTY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
19. Disclaimer of Liability
BRACORRIAH X BEAUTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
You agree to defend, indemnify and hold BRACORRIAH X BEAUTY, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your Contributions, your use of the Website, your breach of this Agreement and/or your breach of your representations and warranties set forth above.
21. Fraud Protection Plan
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order, or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
22. English Language
It is the wish of the parties that this Agreement and all related documents be written up in English.
23. E-Gift Cards
If you have opted-in to receive promotional offers or transactional correspondence from us sent to your mobile device, we may send you a text message with such communications to the mobile number you provided to us. You may opt-in to receive such messages by subscribing to our email or text message list. Message frequency may vary.
24. Mobile Messaging Terms and Conditions
The mobile messaging program of Bracorriah X Beauty are SMS messages that notify customers of special offers, sales, and events from us. By subscribing, you agree to receive marketing messages via automated technology to the mobile number used at the time of opt-in. Consent is not required as a condition of purchasing any goods or services. If you change or deactivate your mobile number, it is your responsibility to notify Bracorriah X Beauty by email at email@example.com or phone at 763-203-9635 to have your number removed. The mobile carriers are not liable for delayed or undelivered messages.
Message and data rates may apply. Depending on your text plan, you may be charged by your carrier.