Terms of Use

Last Updated: July 1, 2020

Welcome to the Pogi Beauty, LLC (hereafter “we”, “us”, “our”, or “O/S”) website, www.onesizebeauty.com (the "Site").   O/S provides the content and services available on the Site to you subject to the following terms of use (“Terms of Use”).  Please read these Terms of Use carefully before using the Site.  If you do not agree to these Terms of Use, please do not use the Site.

Please also review our Privacy Policy, which also governs your use of the Site, as well as any other terms and conditions and/or policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service (collectively the “Terms of Service”) fully and carefully before using the Site and/or the services, features, content, applications, or products offered by O/S (together with the Site, the “Services”).  These Terms of Service set forth the legally binding terms and conditions for your use of the Site and Services.  We may add additional Sites from time to time as we expand our product offerings and these Terms of Service govern your use of our Sites and your conduct, regardless of the means of access.

SITE INTENDED AUDIENCE

This Website is intended for and directed to residents of the United States.  This Website is not intended for anyone under the age of 13.  You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Service. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

Product Information and Services for Personal Use

The products displayed on the Site can be ordered and delivered only within the U.S. O/S products displayed on the Site may be available in select retail stores around the U.S. and certain foreign markets. All prices displayed on www.onesizebeauty.com are quoted in U.S. Dollars and are valid and effective only in the U.S. All material and information presented on the Site or by O/S is intended to be used for personal or informational purposes only.  The statements made about any of our products by the manufacturers 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.  All products should be used strictly in accordance with their instructions, precautions and guidelines.  The statements and products sold through O/S are not intended to cure, treat, diagnose, or prevent any condition or disease, or to serve as a substitute for professional medical advice.  If you are in need of medical attention please consult a physician immediately.  The products and services available on the Site, and any samples thereof O/S may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms of Service.  Except where prohibited by law, O/S may limit the number of products available for purchase, at our sole discretion.

Purchase Related Policies and Procedures

Please review policies and procedures related to purchases you make through the Site (such as order processing, shipping and handling, returns and exchanges) here.

 

Registration

You may choose to sign up to become an O/S registered customer, you must register for an account on www.onesizebeauty.com (an “Account”).  You must provide accurate and complete information and keep your Account information updated.  You are responsible for maintaining the confidentiality of your Account and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under this Account.  You agree to provide only accurate, truthful information and you shall not select or use as a username a name of another person with the intent to impersonate that person or use any false or inaccurate information when registering for an Account. You may never use another person’s user account or registration information for the Services without permission. You must notify O/S immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute, or post login information to your Account. For any issues relating to your Account please contact hello@onesizebeauty.com.

Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permissible by law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.  This Site may contain typographical errors or inaccuracies and may not be complete or current. O/S therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.  This Site is provided free of charge and on that basis we have no obligation to provide any maintenance or support services in relation to it and we are not responsible for any loss or damage you may suffer as a result of any failure by us to maintain or update the Site.

Content and Availability

For the purposed of these Terms of Service, the term “Content”, includes, without limitation, information, data, text, video, written posts, comments, graphics, icons, images, audio clips, software and any other features made available or accessible on or through use of the Site.  You acknowledge all Content is the property of O/S, our affiliates, partners or licensors and is protected by United States and International copyright laws.  All Content accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. 

O/S does not guarantee that any Content will be made available on the Site.  O/S reserves the right to, but does not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all, and (ii) to remove or block any Content from the Services. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site.

The trademarks, logos, and service marks displayed on the Site (collectively, the “Marks”) are the registered and unregistered marks of O/S, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws. All rights not granted under these Terms are reserved by O/S.

Limited License

We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of the Site. Use of the Site includes accessing, browsing, or registering.  This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (b) make any use of the Site or any and/or all Content other than personal use; (c) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (d) collect account information for the benefit of yourself or another party; (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure; (f) “stalk” or otherwise harass including advocating harassment of another, or harm any third party; (g) intentionally violate any applicable local state, national or international law; (h) engage in or make in unsolicited or unauthorized advertising, solicitation or promotional material.  O/S reserves the right, at any time, without notice and in its sole discretion, to terminate your license or right to use the Services or Site and to block or prevent your future access to and use of the Services and Site. O/S may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Service, (iii) respond to any claims that any Content violates the rights of third parties, (iv) respond to your requests for customer services, or (v) protect the rights, property or personal safety of O/S (and its employees), its users and the public.

Your Obligations and Responsibilities

In the access or use of the Site, you shall comply with these Terms of Service and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not use the Site for commercial purposes.  Users of this Site may not use this Site in order to transmit, distribute, store or destroy material in (i) a manner that will infringe the copyright, trademark, trade secret or patent or other intellectual property rights of other or violate the privacy or publicity or personal rights of others; (ii) in violation of any applicable law or regulations; or (iii) that is libelous, abusive, threatening, defamatory or obscene.  You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THESE TERMS OF SERVICE, IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS OF SERVICE, YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO O/S, ITS PARENT COMPANY, AFFILIATES, PARTNERS OR LICENSORS.

 

Third Party Content

We are not responsible for the content of third-party websites or content (“Third Party Content”) linked to or from the Site. O/S does not monitor, approve or have any control over any Third-Party Content and the inclusion of any does not imply any association, endorsement, or relationship between us, our parent company, affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

Special Features, Functionality and Events

The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms of Service; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

 

Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.  If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.  None of the Content that you submit shall be subject to any obligation of confidence on the part of O/S, its parent company, agents, affiliates, partners or third-party service providers and their respective directors, officers and employees. Under no circumstances will we be liable in any way for any Submissions, including, without limitation, for any errors or omissions in any Submissions, or for any loss or damage of any kind incurred by you as a result of the use of any Submissions transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the Submissions. Without limiting the generality of the foregoing or any other provision of these Terms of Service, we have the right to remove any submissions or user content that violates these Terms of Service or is otherwise objectionable and we reserve the right to refuse service and/or terminate Accounts without prior notice for any users who violate these Terms of Service or infringe the rights of others.

 

Mobile Features

We may offer features and services that are available to you via mobile phone.  These features and services may include, without limitation, the ability to browse the Site from your mobile device, upload content to the Site, receive messages from the Site, download applications to your mobile phone or access Site features (collectively, the “Mobile Features”). When you use the Mobile Features standard data or messaging fees may apply or be charged by your carrier.  Your carrier may restrict certain features of the Site, please contact your carrier with questions regarding any issues.

Disclaimer of Warranties; Limitation of Liability

THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS OF SERVICE OR THE SITE OR ITS CONTENTS OR SERVICES. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.  FURTHER, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).  YOU FURTHER AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS OF SERVICE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

Indemnification

You agree to defend, indemnify and hold O/S (and its parent company, affiliates, officers, directors, agents, licensors, employees and third-party providers), from and against all expenses, damages, demands, losses, liabilities, and costs, including reasonable legal fees, arising out of or resulting from (a) your misuse of the Site or Services; (b) your violation of any of the Terms of Service; (c) a breach of your representations and warranties set forth herein; (d) your violation of any law or the  rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party.  This indemnification obligation will survive the termination of the Terms of Service and your misuse of the Site(s) and Services. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Waiver; Remedies

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

Jurisdiction; Arbitration

PLEASE READ THIS SECTION CAREFULLY- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT TO HAVE A JURY HEAR YOUR CLAIMS.  IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. 

 

BOTH YOU AND O/S AGREE TO ARBITRATE: You and O/S agree to resolve any claims, including but not limited to, any dispute, claim or controversy regarding your use of the Site, any purchase you make through the Site, these Terms of Service, or the relationship between You and O/S through final and binding confidential arbitration here in Florida and you agree to submit yourself to the jurisdiction and proceedings thereof. 

 

Arbitration means that a neutral arbitrator, instead of a judge or jury, will decide the claim and award any applicable damages or relief. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any arbitration or proceeding shall be limited to the dispute between us and you on an individual basis, and you may not bring a claim as a plaintiff or class member in a class, consolidated or representative action.  You further agree that (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Waiver of a 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 JURY, instead electing that all claims and disputes shall be resolved by arbitration.  In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND O/S WAIVE ALL RIGHTS TO A JURY TRIAL, instead of electing that the dispute be resolved by a judge.  YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS ARBITRATION AGREEMENT.

 

CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Arbitration Agreement permits the parties to litigate in court, the Terms of Service shall be governed by the laws of the State of Florida as if the Terms of Service were a contract wholly entered into and wholly performed within Florida. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in Miami-Dade, Florida, or (ii) the United State District Court for the Southern District of New York. 

Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms of Use refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at hello@onesizebeauty.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms of Service, including but not limited to the limited licenses set forth above, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

 

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy. 

General

You acknowledge and agree that the Terms of Service constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.  We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site and your continued use of the Site thereafter constitutes your agreement to all such changed Terms of Service. We may, with or without prior notice, terminate any of the rights granted by these Terms of Service. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

 

Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise between us. In the event that any provision of these Terms of Service shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Service unenforceable or invalid as a whole but these Terms of Service shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms of Service are for convenience only and shall not be used in its interpretation. If you have any questions regarding these Terms of Service, please email us at hello@onesizebeauty.com.

 

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