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TERMS OF USE
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Terms of Use Copyright Policy California Privacy Notice EU Privacy Policy Cookies Policy Privacy Policy

Terms of Use

 

Effective January 29, 2024

This is a legally binding agreement between you and FLORENCE BEAUTY, LLC. (aka Florence by Mills) (“FBM”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. These Terms govern use of the online and mobile FBM services and any websites, platforms or apps on or in which these Terms appear (the “Services”).

You agree that your access to and use of the Services, including any part thereof, are governed by these Terms (“Terms”) and FBM’s Privacy Policy at http://www.florencebymills.com/pages/privacy-policy (“Privacy Policy”), which is incorporated by reference in its entirety herein (both the Terms and Privacy Policy shall collectively be referred to herein as the “Terms” unless specifically stated otherwise).

THESE TERMS CONTAIN A CLASS, COLLECTIVE, AND REPRESENTATIVE ACTION AND JURY TRIAL WAIVER, AND BINDING ARBITRATION AS SET FORTH IN SECTION 25 THAT MAY IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE CERTAIN DISPUTES. EXCEPT IF YOU OPT-OUT AND EXERPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 25, YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASSS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT.

You agree that by accessing, downloading, installing or using the Services or any part thereof, you are entering into a legally binding agreement with FBM and you agree to abide by the Terms, including all rules, terms, conditions, restrictions and notices therein. If you do not wish to be bound by the Terms, do not access, download, install, or otherwise use any of the Services, as doing so will result in your acceptance of the Terms.

  1. Service Provider. The Services are provided by:

Florence Beauty, LLC

2210 E. Maple Avenue

            El Segundo, California 90245

fbm@florencebymills.com

  1. Services. The Services are provided for you to learn about FBM and the Services, to learn about how to use the Services, to learn about FBM products provided by FBM’s licensees (“Licensees”), and to provide links to the websites of its Licensees for purchase of Florence by Mills branded products. You agree that FBM is not responsible for any problems or injuries that may result from any information, services, products, or anything else you learn about or use through or as a result of the Services, including any Licensees’ products or services.

The Services, including all information and materials, in any form or format, including any examples, ideas, methods, suggestions, systems, techniques or testimonials, are educational in nature and are provided only as general information. The Services are not intended to diagnose, treat, cure, or prevent any disease, HEALTH or medical issue.

You acknowledge and agree that the Services and any such information and materials are not intended to represent that they are to be used to guarantee results, including with respect to any health or medical issue. FBM is not responsible for any health or medical issues that may occur, continue or result from any information, services, products, events or anything else you receive or learn about through the Services. While the Services may include content that provides information on a health or medical issue, FBM makes no representation as to the veracity or effectiveness of such content. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a disease, health and/or medical issue. Never disregard professional medical advice or delay seeking it because of something you may have read on the Services.

You acknowledge and agree FBM makes no guarantees, warranties, or predictions of any outcomes. You agree that you are solely and fully responsible for any and all life, health, financial, business and other decisions you make, whether or not based on or related to the Services. You agree to assume the full and complete responsibility for applying what you may learn from access to, usage of, or participation in any of the Services.

You acknowledge and agree that anything discussed with or provided by FBM or any of its representatives either during or apart from the Services is off the record and merely a perspective for you to consider and does not create or establish any type of professional formal relationship between you and FBM, nor should it be relied upon as any professional advice of any kind or nature whatsoever. FBM does not offer any health, financial, legal or professional advice.

 

  1. Changes to these Terms. FBM has included the effective date of these Terms on this document. FBM reserves the right to make changes to any Terms at any time, however, FBM shall use reasonable efforts to provide notification to you in advance of any material changes becoming effective, such as by posting a notification via the Services or via email. If you continue to access and/or use the Services after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Terms as changed.  The revised Terms supersede all previous terms, policies, notices or statements regarding the Services.  For this reason, we encourage you to review these Terms any time you access or use the Services and recommend that you print out a copy for your records. Upon FBM’s request, you agree to sign a non-electronic version of these Terms and any other policies or agreements set forth or available on or through the Services.
  2. Materials. The information and materials provided by or on behalf of FBM on or through the Services, including without limitation any content, data, text, pictures, graphics, audio, video, icons, surveys, software, code, applications, and updates for use on or through the Services, links, and other content, features and services available on or through the Services (collectively, the “Materials”) are provided for educational and entertainment purposes only. 
  3. Limited License - the Services. The Services are provided for educational and entertainment purposes and personal use only. FBM hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services for your personal, non-commercial education and entertainment purposes, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Services.  Except as expressly provided in the Terms, FBM does not grant you any other express or implied rights or licenses in or to the Services or the Materials, and all rights, title and interest that FBM has in the Services and Materials are retained by FBM, even after access, usage or download on your computers, mobile phones, tablets, and/or other devices.

Except as lawfully allowed or expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, any of the Services or Materials without FBM’s express prior written permission.

FBM reserves the right to revoke your right to use or access any or all of the Services at any time as further set forth in Section 17 herein.  You acknowledge that no monetary value can be attributed to the time you spend accessing and using the Services and that, but for the limited and terminable license granted herein, you are not entitled under the law to use or have access to the Services and/or the Materials.

 

  1. Intellectual Property – the Services. You acknowledge that the Services are protected by and/or embodies copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned by FBM and/or its respective licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto, and that these rights are valid and protected in all media existing now or later developed and under United States and foreign laws.  You agree that the Services and Materials (and any intellectual property and other rights relating thereto) are and will remain the property of FBM. The trademarks, trade names, trade dress, logos, and service marks displayed on or in the Services, are the trademarks of FBM and/or its licensors, vendors and/or other third parties. Nothing contained on or in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the FBM marks, logos or trade dress without the express written permission of FBM. Misuse of any mark, logo or trade dress is prohibited. You acknowledge that you do not acquire any ownership rights in or to any of FBM’s or its licensor’s intellectual property by virtue of your access or use of the Services and/or the Materials.

You may not circumvent or disable any content protection features used on or in the Services and must retain all trademark, copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of the Terms.

 

  1. Code of Conduct. While using any of the Services and/or Materials, you agree: to be civil and respectful, and to follow the standards set forth below (the “Codes”) by agreeing not to:
  • Create or use a false identity or impersonate any person;
  • Create, post or transmit any content or message containing profanity, sexually graphic or offensive language, including any uses of characters such as \@#$% to replace letters;
  • Engage in any activity or send, transmit, post or make available any content or message that is false, intentionally misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, rude, defamatory, hateful, vulgar, inciteful, racist, illicit, illegal or otherwise objectionable;
  • Submit content or materials that are subject to the intellectual property rights of a third party, or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner to do so and to grant FBM all the license rights necessary to transmit or maintain such content or material;
  • Send, post, transmit or make available any material non-public information about any person or entity without the express authorization to do so;
  • Send, post, transmit or otherwise make available any advertisements, solicitations, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content, materials, or communication;
  • Institute an attack upon any server used in connection with the Services or any portion thereof or otherwise attempt to disrupt such servers;
  • Send, post, transmit or otherwise make available any material regarding hacking, cracking, exploiting, or otherwise making improper use of the Services;
  • Attempt to or actually restrict or inhibit any other user from using and enjoying the Services;
  • Except for bots authorized or allowed by the Services, use any bot, spider, scraper or other unauthorized or automated means to modify, use or access the Services, or any portion thereof;
  • Send, post or transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of an intentionally destructive nature;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Services or the Materials;
  • “Frame” or “mirror” any part of the Services without FBM’s prior written authorization;
  • Attempt to obtain any private information from any other user of the Services, including without limitation, the collection of personal information about others, such as geolocations;
  • Harvest or collect any information about users of the Services;
  • Use the Services in any manner that violates any applicable laws or regulations or is prohibited by these Terms; and/or
  • Assist or permit any persons in engaging in any of the activities described in this listing of the Codes.

 

While using the Services and the Materials, you agree to comply with these and all Codes, as well as all applicable laws, rules and regulations.

FBM HAS A ZERO TOLERANCE POLICY FOR BEHAVOIR THAT VIOLATES THE CODES. FBM has the sole discretion to delete, suspend, terminate or block your access to the Services with or without prior notification to you, for any violation of the Terms, including any of the Codes.

  1. Third Party Sites/Services/Licensees. The Services may include links to other websites, apps, data, materials, or services or authorize the usage of third party bots and plugins solely as a convenience to you (collectively, the “Linked Services”). With the exception of Licensees’ products, the inclusion of any Linked Service does not imply endorsement by FBM or any association with the operators of such Linked Services.  However, even with respect to Licensees, you are responsible for viewing and abiding by the privacy statements and terms posted or available on any Linked Services. You acknowledge and agree that the information, products, materials, content and services of any Linked Service is not under the control of FBM. Access and use of any Linked Services, including the information, products, materials, content and services on any Linked Services or available through any Linked Services, is solely at your own risk, and you acknowledge and agree that FBM is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Service, including any of our Licensees.

Any dealings with Licensees and third parties included in, within, on or linked to or with the Services, or any other terms, conditions, warranties, or representations associated with such Licensees or third parties, are solely between you and that Licensee or third party.  You acknowledge and agree that FBM is neither responsible nor liable for any part of any dealings with any third parties or any of our Licensees.

  1. Right to Modify. FBM reserves the right, at any time, to modify, suspend, or discontinue the Services, and/or any part or parts thereof, with or without notice, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, functionality, promotion, or feature of the Services, the hours that the Services are available, or any fees or charges in connection with the access or use of the Services. You agree that FBM will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
  2. Use & Access. YOU MUST BE AT LEAST 18 YEARS OF AGE TO (a) USE THE SERVICES, (b) USE anything accessible or available on or through the SERVICES, or (c) TRANSMIT ANY PERSONAL IMFORMATION TO FBM. By accessing, using and/or submitting information to or through any of the Services, you agree and represent that you are at least 18 years of age or older and otherwise have the legal capacity to enter into these Terms.

Pursuant to 47 U.S.C. Section 230(d), as amended, FBM hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  The Services are not directed to, not intended for and may not be used by anyone under the age of 13.

 

If you are a parent or guardian and believe that FBM has inadvertently collected personal information from your child under the age of 13, please contact us immediately via email at fbm@florencebymills.com (with the subject line “Personal Information/Children”).

 

  1. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials hosted by FBM infringes your copyright, you (or your agent) may send FBM a notice requesting that the material be removed or access to it blocked. Please see the requirements and specific instructions for submitting a notice to FBM in FBM’s Copyright Policy. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send FBM a counter-notice. Please refer to FBM’s Copyright Policy for the requirements and instructions for submitting a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see htttp://www.copyright.gov for details. FBM’s DMCA Agent should be contacted only for the purposes set forth in this Section 11.  ALL OTHER INQUIRIES DIRECTED TO FBM’S DMCA AGENT WILL NOT BE ANSWERED.
  2. Privacy/Security. You understand that any information provided by you or collected by FBM in connection with your use of the Services will be used in the manner described in these Terms and in the Privacy Policy, as applicable. If you do not agree to the terms of the applicable Privacy Policy you should not access or use the Services.  Without limiting the terms of the applicable Privacy Policy, you understand that FBM does not guarantee that your use of the Services and/or the information provided by you will be private or secure, and FBM is not responsible or liable to you for any lack of privacy or security you may experience.
  3. Sweepstakes/Contests. From time to time FBM may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a “Promotion”) through the Services. Participation in any Promotion is subject to the Official Rules governing that Promotion. FBM may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms, unless explicitly superseded by Promotion-specific rules. If you choose to participate in a Promotion, FBM may collect your personal information, such as your name, address, age, telephone number, email address or other contact information. In addition, as a condition to receiving any awards or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in FBM’s advertising and marketing materials. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party’s rules, terms of service, and privacy policies before participating. You agree that FBM is not responsible for such third parties’ actions or inactions with respect to such Promotions.
  4. Jurisdictional Issues. Regardless of the language used thereon, access to and use of the Services from any jurisdiction where the content, products or services is illegal is strictly prohibited. FBM makes no representation that the Services are appropriate or available for use in any jurisdictions outside the United States and those who choose to access or use any of the Services from such other jurisdictions do so on their own initiative and at their own risk, and are responsible for compliance with local laws, rules or regulations, including, without limitation, rules about the internet, data, email, or privacy. FBM reserves the right to limit the availability and quantity, if applicable, of the Services, or any other product or service provided by FBM, to any person, geographic area or jurisdiction, at any time and in FBM’s sole discretion.
  5. Export Control. Any software or application available on or in the Services is subject to United States export controls. No software or application may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  If applicable, by downloading or using any such software or application, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, regardless of whether such transmission is permitted under the Terms or by applicable law.
  6. Unsolicited User Ideas. FBM does not accept or consider unsolicited ideas, including ideas for new promotions, products, applications, technologies, processes or other ideas or inventions (collectively, “User Ideas”).  You must not transmit any User Ideas to or through the Services or to FBM that you consider to be confidential or proprietary. You agree that any and all User Ideas are non-confidential and non-proprietary and need not be treated as confidential and/or proprietary.  You are responsible and liable for any User Ideas. You agree that by submitting any User Idea to FBM, including any concepts, know-how or ideas, you hereby transfer all rights in such User Idea to FBM (and its successors and assigns), without payment or accounting to you or others. FBM is not obligated to review, evaluate, publish, or use any User Idea.
  7. Termination. Your right to access and use the Services will remain effective until terminated in accordance with the Terms. FBM may delete, suspend, terminate or block your access to the Services (a “termination”), with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation or suspected violation of the Terms. Upon termination, your right to access and use the Services and Materials will immediately cease. 

If FBM terminates and thereby causes your license to be revoked, you agree that FBM will not have any liability to you for such termination, including for any time you spent accessing or using the Services and/or your information or data contained in or used with the Services, or for any other reason whatsoever. 

 

All provisions of the Terms that may reasonably be construed as surviving the termination of the Terms will survive any termination of the Terms.

 

  1. Disclaimers. THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES OBTAINED ON OR AVAILABLE THROUGH THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES, IS ENTIRELY AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FBM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. 

FBM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES (OR ANY PART THEREOF), THE SERVER(S) ON WHICH THE FBM SERVICES ARE HOSTED, OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

NO OPINION, ADVICE OR STATEMENT OF FBM OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON OR IN THE SERVICES, IN THE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 

BECAUSE SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. You understand and agree that your access and use of and participation in the Services is strictly voluntary. By your access and use of or participation in the Services, you agree not to attempt to hold FBM liable for any decisions, actions, inactions, or results that you make or experience in your life, health or business due to your access or use of or participation in the Services, at any time, under any circumstance. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FBM NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOST REVENUES OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, ANY LINKED SERVICES OR ANY CODE, MATERIALS, OR SERVICE LICENSED, ACCESSIBLE OR USABLE THROUGH THE SERVICES, EVEN IF FBM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FBM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON THROUGH THE SERVICES; (II) PERSONAL INJURY (INCLUDING ANY MEDICAL ISSUES) OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF ANY OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF FBM’S SYSTEMS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN (IF ANY); (IV) INTERRUPTION OR CESATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR FBM SERVERS OR SYSTEMS BY ANY THIRD-PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USER ERROR; (VIII) FAILURE, CORRUPTION OR ERROR IN OR OF ANY OTHER SOFTWARE, APP, SITE OR PLATFORM USED WITH RESPECT TO THE SERVICES; AND/OR (IX) DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, INCLUDING ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON OR IN THE SERVICES IS TO STOP USING THE SERVICES, MATERIALS, OR PRODUCTS OR SERVICES, AS APPLICABLE.

BECAUSE THE SERVICES ARE PROVIDED FOR FREE, THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF FBM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE $50 US. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THIS LIMIT.

 

You agree that the damage exclusions in these Terms of USE shall apply even if any remedy fails of its essential purpose.

THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 19 APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FBM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY ADDITIONAL LEGAL RIGHTS WHICH YOU MAY HAVE AS A CONSUMER REMAIN UNAFFECTED BY THESE TERMS. THE LIMITATIONS OF LIABILITY IN THIS SECTION 19 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

NO COMMUNICATION OF ANY KIND BETWEEN YOU AND FBM OR A REPRESENTATIVE OF FBM CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER. Multiple claims will not increase thE MONETARY DAMAGES limit STATED HEREIN.

If you are a resident of a jurisdiction that requires a specific statement regarding release, then the following applies. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT FBM OFFERS THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH OR IN THE SERVICES, IN RELIANCE UPON THE ABOVE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, THAT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FBM. FBM WOULD NOT BE ABLE TO PROVIDE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH OR IN THE SERVICES, TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY.

 

  1. Indemnification. You agree to indemnify, defend and hold harmless FBM, its subsidiaries, affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other costs and expenses that arise directly or indirectly out of or from or are related to: (a) any allegation that you violated any law or the rights of any third party; (b) your breach or violation of the Terms, including the Codes, or any applicable laws or regulations; (c) your access to and use of or inability to use any of the Services or the Materials; (d) any viruses, spyware, or other similar harmful or intrusive program code posted, submitted or transmitted by you to or through the Services or to FBM or any other user of the Services; and/or (e) any claim that one of your transmissions or User Ideas caused or is alleged to have caused (and/or is causing) damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever. FBM and its successors and assigns reserve the right, at their own expense, to participate in and/or assume control of the defense of any matter subject to indemnification by you under this Section 20.  You agree to fully cooperate with FBM and its successors and assigns for all such indemnification matters.
  2. Notice for California Users. If the Services are at any time deemed an “electronic commercial service,” as set forth in California Civil Code Section 1789.3, then California users of the Services are entitled to the following specific consumer rights notice: 

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Boulevard, Suite N-112, Sacramento, California  95834, or by telephone at (916) 445-1254 or (800) 952-5210 in order to resolve a complaint regarding the services or to receive further information regarding use of the service. In addition, you may contact FBM at Florence Beauty, LLC, 2210 E. Maple Avenue, El Segundo, California 90245, Attention: “California Terms Matter,” or by email at fbm@florencebymills.com, and please include in the subject line “California Terms Matter.”

 

You may have the Terms mailed to you electronically by sending a letter to Florence Beauty, LLC, 2210 E. Maple Avenue, El Segundo, California 90245, Attention: “Terms Copy Request,” with your email address and including a written request for a copy of these Terms.

 

  1. System Outages. FBM and its third-party providers periodically schedule system downtime for the Services and the systems they are hosted on for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that FBM has no responsibility and is not liable for: (a) the unavailability of the Services or the Materials; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services or the Materials, any Internet service providers, any Internet facility or network, any distributed or decentralized network or service provider, or any cellular providers or services.

In addition, the availability of the Services may be restricted or disturbed, from time to time, in the following cases, all of which FBM is not liable for in any manner: (i) disruption of your Internet connection or cellular network; (ii) service failure of your own device(s); (iii) failure to update to the current version of the software or apps required to access or use the Services; or (iv) due to a Force Majeure Event (a “Force Majeure Event means any cause or circumstance beyond the reasonable control of FBM, including, but not limited to, pandemics, epidemics, natural disasters, wars, civil unrest or social conflicts).

 

  1. Statute of Limitations. Any claim or cause of action arising out of or related to the Terms, access to or use of the Services, and/or your or User Ideas (collectively, “Disputes”) must be filed within one year after such Dispute arose regardless of any statutes or law to the contrary. In the event any Dispute is not filed within such one-year period, such Dispute is forever barred.
  2. Choice of Law. With the exception of arbitration proceedings, as set forth in Section 25, below, the Terms are governed by and construed in accordance with the laws of the State of New York, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction.
  3. Venue/Dispute Resolution/Class Action Waiver. All Disputes between you and FBM shall be exclusively resolved by binding arbitration as set forth below.

MANDATORY ARBITRATION – EXCEPT FOR SMALL CLAIMS COURT MATTERS AS SET FORTH BELOW, YOU AND FBM ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY.

JURY TRIAL WAIVER – EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY DISPUTE IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE IT KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO DEMAND THAT ANY DISPUTE BE TRIED BY A JURY. YOU AND FBM ACKNOWLEDGE THAT THIS JURY TRIAL WAIVER MAY DEPRIVE YOU AND FBM OF AN IMPORTANT RIGHT AND YOU AND FBM HAVE KNOWINGLY AND VOLUNTARILY AGREED TO WAIVE SUCH RIGHT.

 

EXCEPTION TO ARBITRATION – SMALL CLAIMS. Disputes that can be fully resolved in small claims court need not be submitted to arbitration under this Section 25.

 

MANDATORY ARBITRATION TYPES:

Any Disputes involving a claim of less than $5,000 must be resolved exclusively through final and binding non-appearance-based arbitration.  A party electing such arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA).  The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes (see www.adr.org for more information).  In addition, you and FBM agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties

Any Disputes involving a claim for more than $5,000 shall be submitted to final and binding arbitration pursuant to the substantive provisions of the Federal Arbitration Act (“FAA”) and not any state specific law. The arbitration shall be initiated and conducted according to the AAA Commercial Arbitration Rules (see www.adr.org for more information), except as modified herein. The arbitration shall be conducted in New York, NY before a single, neutral arbitrator appointed in accordance with the arbitration rules cited herein, and whose decision will be final. You and FBM agree to the personal jurisdiction of such arbitration in New York, NY and you and FBM hereby waive any right to claim that such jurisdiction is an inconvenient forum.

In all instances, except as may be required by law: (a) neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties; (b) the arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees; (c) each party to the arbitration shall pay his, her, or its own costs of the arbitration, unless otherwise required by the relevant arbitration rules. If a party cannot afford the AAA arbitration fees and costs, he, she, or it may be able to apply for a waiver (see www.adr.org for more information); and (d) if either party refuses to perform any or all of its obligations under the final arbitration award within thirty (30) days of such award being rendered, then the other party will have the right to enforce the final award in any court of competent jurisdiction in New York, NY, and you and FBM waive any right to claim that such location is an inconvenient forum. The party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including, without limitation, attorneys’ fees.

CLASS ACTION WAIVER – TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR DISPUTE UNDER THE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR DISPUTE, INCLUDING ANY ARBITRATION OR DISPUTE INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS ACTION ARBITRATION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED. PROCEEDINGS TO RESOLVE, ARBITRATE OR LIGITATE (IF APPLICABLE) A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. 

 

Class Certification Waiver Opt-Out. You have the right to opt-out and not be bound by the class, collective, and representative action waiver provisions set forth herein above by sending written notice of your decision to opt-out to the following address: Florence Beauty, LLC, 2210 E. Maple Avenue, El Segundo, CA 90245, Attention: “Class Certification Waiver Opt-Out.” The notice must be sent within 30 days of your first view or access of or to the Services. Otherwise, you shall be bound by the above Class Action Waiver, in accordance with the terms herein.

 

OTHER VENUE/JURISDICTION:

If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you and FBM agree to the exclusive jurisdiction of the applicable Federal or State court located in New York, NY, and you and FBM agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.

 

You explicitly agree that any claims or actions that you may otherwise have against FBM under the laws of any jurisdiction other than in New York, including anywhere else in or outside of the United States, are hereby waived, including without limitation, any claims or actions under the laws of your own state or country, and that your sole location and applicable law for any disputes is in New York, NY in the United States according to the terms of this Section 25.

 

  1. Mobile Terms. To use the Services on your mobile device, you must have a wireless mobile device with cellular or wireless service through a participating mobile service provider. You agree that are solely responsible for all message & data charges that you incur from your mobile service provider for your use of the Services. Please contact your mobile service provider for pricing and details.
  2. Notices. All notices required or permitted to be given under the Terms must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, if to FBM to : Florence Beauty, LLC, 2210 E. Maple Avenue, El Segundo, California 90245, Attention: “Official Notice - Website Terms.” and if to you, to the email, direct message and/or postal address if you have provided it to FBM via anywhere in or on the Services, via telephone, or via email or regular mail. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express or email, on the second business day after deposit with the service. You may not send any notices under this Section to FBM via email.
  3. Miscellaneous. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and FBM relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter, except the applicable Privacy Policy which remains valid and in full force and effect.  The Terms are not assignable, transferable or sublicensable by you except with FBM’s prior written consent.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. FBM’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of FBM’s right to comply with governmental, court, and law enforcement requests or requirements relating to your access, download, installation and/or use of the Services or the Materials, or information provided to or gathered by FBM with respect to such access, download, installation and/or use.  A printed version of the Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  The parties agree that all correspondence relating to these Terms and any other FBM policies must be written in the English language.
  4. Questions. The Services are provided by Florence by Mills, LLC.  If you have any questions, comments or complaints regarding the Terms, the Services or the Materials, please feel free to contact FBM at: fbm@florencebymills.com (with the subject line “Questions, Comments or Complaints”).

 

Updated: February 13, 2024