UPDATED: JULY 1, 2020
These are the terms of use (“Terms of Use”) for your use of services or features on the sites owned and controlled by The Human Beauty Movement, PBC (“The HBM”), including www.humanistbeauty.com. We may add additional Sites from time to time as we expand our offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.
If you register for a Humanist Beauty account, you will have pages associated with your Humanist Beauty account, including an Account page.
Humanist Beauty has an online social community (“Community”). Community allows you to participate in Groups, Conversations, Chats, Blogs, to provide Ratings & Reviews, and to receive product recommendations. These Terms of Use govern your participation in the Community.
BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.
We also like to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com/humanistbeauty, www.twitter.com/humanistbeauty, www.instagram.com/humanistbeauty, and www.youtube.com/humanistbeauty, (“Third Party Sites”), among others. Our Terms of Use and other areas of our Sites may provide guidelines (“Guidelines”) and rules and regulations (“Rules”) in connection with the Community, including services that involve Third Party Sites, but Humanist Beauty does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Humanist Beauty does not own or control, or to the actions of people that Humanist Beauty does not employ or manage. You should always check the terms of use posted on Third Party Sites.
Humanist Beauty reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Humanist Beauty decides to change these Terms of Use, Humanist Beauty will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites and your participation in the Community.
The short and sweet version:
When you use our Sites, you agree to our rules. And since they’re our Sites and our rules, we can change them whenever we want.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) The Human Beauty Movement, PBC., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Humanist Beauty and protected by U.S. and international copyright laws. All software used on the Sites is the property of Humanist Beauty or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Humanist Beauty, engaging with the Community or using the Sites as a shopping resource. Any other use of materials on the Sites – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Humanist Beauty is strictly prohibited.
The short and sweet version:
We work hard making the content on our Sites, so we’re protective of what happens to it. Unless you’re placing an order, engaging in Community, or shopping, you need permission from us to use our content elsewhere.
www.humanistbeauty.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Humanist Beauty and may not be used in connection with any product or service that is not offered by Humanist Beauty in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The short and sweet version:
Like we said in #2, our Site content is ours. Don’t use it in negative or malicious ways, or to advertise products or services we don’t sell.
The products displayed on our Sites can be ordered and delivered only within the U.S. and certain select countries. See the International Shipments section of www.humanistbeauty.com for more information. Humanist Beauty products displayed on the Sites may be available in select retail stores in the U.S. and certain foreign markets. All prices displayed on www.humanistbeauty.com are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Humanist Beauty.
All material and information presented by Humanist Beauty is intended to be used for personal, educational or informational purposes only. The statements made about 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 and products sold through Humanist Beauty are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Humanist Beauty it should be only after the legal or parental guardian has discussed the product with the minor’s doctor.
Some products sold on our Sites contain cannabinoids, including CBD, sourced from hemp that is federally compliant in accordance with the 2014 US Farm Bill. The level of THC contained in any final formula sold on our Sites is below 0.3% dry weight. Despite these facts, sale of CBD products is not legal in certain US states and international regions or may be legal by age. If you reside in an area where the sale of CBD products is prohibited, or if you are under the legal age limit for CBD product purchasing in your region, you are forbidden to make a purchase of any CBD-containing product from our Sites.
Some products sold on our Sites are made with full-spectrum whole hemp distillate and CBD isolate. That means that they may contain high levels of the cannabinoid CBD and detectable levels of other cannabinoids such as THC, THCA, d-8 THC, CBDA, CBN, CBC, CBCA, CBG, CBGA, CBL, THCV, THCVA, CBDV, CBDVA. They also may contain detectable levels of various terpenes including α-Pinene, Camphene, β-Pinene, β-Myrcene, 3-Carene, R-Limonene, Eucalyptol, Ocimene, γ-Terpinene, Terpinolene, Linalool, Fenchol, (+)-Pulegone, Menthol, Borneol, α-Terpineol, Geraniol, β-Caryophyllene, α-Humulene, Valencene, Farnesene, trans-Nerolidol, cis -Nerolidol, Guaiol, α-Bisabolol, Eicosane, Camphor, L-Fenchone, Sabinene, β-Caryoph. Ox., Phytol, a-Phellandrene, and others.
Effective January 3, 2020, the Office of Environmental Health Hazard Assessment added Δ9-tetrahydrocannabinol (Δ9-THC) to the list of chemicals known to the state of California to cause reproductive toxicity (developmental endpoint) for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). Any company with 10 or more employees operating or selling products within the State of California must comply with the requirements of Proposition 65. To comply, businesses are: (1) prohibited from knowingly discharging listed chemicals into sources of drinking water; and (2) required to provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to a listed chemical. A Proposition 65 warning means that the business has evaluated the exposure and has concluded that it exceeds the “no significant risk level,” or that the business is providing a warning based on the presence of a “listed” chemical without actually evaluating the exposure. At the time of this writing, Humanist Beauty is a company doing business in the state of California made up of less than 10 people and so is not required to issue Prop 65 warning labels on its products. That being said, we are being transparent here and informing you that some final finished formulas may contain trace amounts of Δ9-tetrahydrocannabinol (Δ9-THC) and could therefore pose a health risk according to the State of California.
Statements on this website have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure, or prevent any disease. CANNABIDIOL USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. KEEP OUT OF REACH OF CHILDREN.
It is your responsibility to carefully review the ingredient lists and Certificate of Analysis (COA) pertaining to the product’s batch you are purchasing to determine your acceptance of its cannabinoid and terpene profile before making a purchase. By using our Sites, you agree that Humanist Beauty shall not be liable for medical injury that may result from willing and neglectful product use.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients of products to avoid potential allergic reactions. Use of our Sites is not meant to serve as a substitute for professional medical advice: our Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from our Sites 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. Humanist Beauty does not give or intend to give any answers to medical related questions and our Sites do not replace any medical professional or medical resource. Humanist Beauty does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
The products available on our Sites and the Community, including any samples Humanist 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 Humanist Beauty. Humanist 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 these Terms of Use, as determined by Humanist Beauty in its sole discretion.
Except where prohibited by law, Humanist Beauty may limit the number of products available for purchase.
The short and sweet version:
Our products and samples are for personal use, not for resale. That’s why we have a limit on how much you can purchase.
We’ve taken great care to make sure that the information you read about our products is accurate, but we’re not doctors. Nothing on our Sites should be interpreted as medical advice. If you have questions about particular products, their ingredients, or their effects, you should talk to a real doctor or health care provider.
While Humanist 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.
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through the Community or otherwise, including the submission of product Ratings & Reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Sites and a member of Community.
Humanist Beauty provides the Sites and the Community and all other applications and services on the Sites as a forum only. Humanist Beauty is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Community. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Community, is not controlled by Humanist Beauty. Humanist Beauty cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Community, you may be exposed to Content that may be offensive, indecent or objectionable and Humanist Beauty shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Humanist Beauty be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Community. The preceding sentence does not apply to New Jersey residents.
You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Humanist Beauty reserves all rights not expressly granted in and to the Content. When using the Community, you may not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
The short and sweet version:
Take what other users post with a grain of salt; they may have opinions you disagree with, their reviews may be biased, or they may be having a bad day. Interacting with all the content on our Sites is at your own risk. We’re not responsible for services or products offered by others.
By submitting Content to Humanist Beauty and participating in the Community, you represent and warrant that:
You also represent and warrant that any Content you submit:
Humanist Beauty does not endorse any Content or any opinion, recommendation or advice expressed therein, and Humanist Beauty disclaims all liability with respect to the Content posted by third parties.
If your Content includes ideas, suggestions, documents or proposals to Humanist Beauty through the Community, (a) such Content is not confidential or proprietary and Humanist Beauty has no obligation of confidentiality, express or implied, with respect thereto; (b) Humanist Beauty may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Humanist Beauty under any circumstances unless you are otherwise notified by Humanist Beauty in writing.
For any Content that you submit, you grant Humanist Beauty a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This includes, but is not limited to, sharing your Content, including your Ratings & Reviews, with third-party brands whose product we sell. This license will survive the termination of these Terms of Use and your use of the Site.
The short and sweet version:
When you post content to our Sites, you’re acknowledging that you are posting content on the internet, in public, for everyone to see, use, copy, and share. Please only post content that a) you have the rights to post, b) does not violate anyone else’s rights, and c) is fair and truthful. We are not responsible if others don’t abide by these rules.
You own your content, even after you post it to our Sites. But by sharing with us you’re granting us a free non-exclusive license to it, which means we might use it in places like marketing materials.
We know that some Community posts include ideas or business proposals for Humanist Beauty —we don’t pay for unsolicited suggestions like these. And know that when you post ideas like this in public, they’re not covered by any kind of confidentiality or copyright protection.
The Community is an online social platform associated with Humanist Beauty. You must be age 13 years or older and a legal resident of the United States or Canada to be eligible for Community membership. Eligible minors must obtain their parent’s or legal guardian’s consent prior to participation.
After you become a Community member, some of the information associated with your Community membership can be seen by everyone.
Unless noted otherwise in these Terms of Use, all information posted in association with your Community membership may be visible to everyone else.
Please email Customer Service at customercare@humanistbeauty.com if you have questions about your Humanist Beauty account or your Community membership.
The short and sweet version:
When you engage with our Community, there are sections of your profile that only you can see, as well as sections that are visible to other members. You can customize, privatize, or delete your profile by signing into your account or by emailing Customer Service at customercare@humanistbeauty.com
Humanist Beauty may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. Humanist Beauty does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Humanist Beauty and such third party. Humanist Beauty does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Humanist Beauty is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Humanist Beauty through the Community, do not necessarily reflect the views of Humanist Beauty.
The short and sweet version:
Sometimes we link away from www.humanistbeauty.com to sites we don’t own or control. While we’d never intentionally send you to a site with questionable material, we aren’t responsible if you don’t like what you see when you get there.
If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order 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. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy.
The short and sweet version:
Humanist Beauty doesn’t charge you for accessing our Sites via mobile, but your carrier may charge you for things like receiving text messages or downloading data. When in doubt, check your plan.
All Content that you submit is not confidential and may be used at Humanist Beauty’s sole discretion. Humanist Beauty may or may not pre-screen Content. However, Humanist Beauty and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Humanist Beauty and its designees will have the right to remove any Content that Humanist Beauty deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. Humanist Beauty does not guarantee that you will have any recourse through Humanist Beauty to edit or delete any Content you have submitted. Humanist Beauty reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings and Reviews and Gallery photos are generally posted within two to four business days. However, Humanist Beauty reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not Humanist Beauty, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Humanist Beauty, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
The short and sweet version:
Sometimes we screen content before it’s posted to make sure it follows our guidelines. If you post something that violates our guidelines, we can remove it.
13. Reservation of Rights
Humanist Beauty reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Community and the Sites and to block or prevent your future access to and use of the Community and the Sites. Humanist Beauty 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 Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Humanist Beauty (and its employees), its users and the public.
The short and sweet version:
Humanist Beauty Sites are provided to you for free and we reserve the right to refuse service to anyone.
HUMANIST BEAUTY IS PROVIDING THE SITES, THEIR CONTENTS AND THE COMMUNITY ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR THE COMMUNITY, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE COMMUNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, HUMANIST BEAUTY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, HUMANIST BEAUTY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE COMMUNITY 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.
HUMANIST BEAUTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY. 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. This provision does not apply to New Jersey residents.
You agree to defend, indemnify and hold harmless Humanist Beauty (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites and the Community; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (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 these Terms of Use and your misuse of the Sites and the Community.
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Humanist Beauty’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
Humanist Beauty’s DMCA designated copyright agent for notice of claims of copyright infringement on the Sites is our General Counsel, Christopher Marston, who can be reached as follows:
E-mail: cmarston@exemplarcompanies.com.
The short and sweet version:
If you see anything on our Site that you believe infringes on your own trademark or copyright, email us at cmarston@exemplarcompanies.com.
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 or where the order violates Humanist Beauty’s published policies. 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.
The short and sweet version:
If we suspect that you’ve placed an order that’s fraudulent, unauthorized, or illegal, we might refuse to process it and may even cancel your account.
By submitting your email address in connection with your account, you agree that Humanist Beauty and its third-party service providers may use your email address to contact you about your Humanist Beauty account or Content you have submitted to the Sites, including the Community, or for other administrative purposes and for any other purpose permitted or required by law. Humanist Beauty’s Privacy Policy provides further detail on the manner in which Humanist Beauty may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Sites and participation in the Community.
The short and sweet version:
We will send you emails based on your account settings, which you can change by signing into your account. Our Privacy Policy also tells you how Humanist Beauty may collect and use your personal information, so it’s worth a read.
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Humanist Beauty’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.
If a dispute should arise between you and Humanist Beauty, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 1-888-411-9725 or by sending an email to customercare@humanistbeauty.com. If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND HUMANIST BEAUTY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
The short and sweet version:
If you’re unhappy, the best way to get a resolution is to call 1-888-411-9725 or by sending an email to customercare@humanistbeauty.com.
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 Humanist Beauty agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Humanist Beauty’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Humanist Beauty may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, 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.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Humanist Beauty must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Humanist Beauty will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Humanist Beauty will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, Delaware, or any other location we mutually agree to, subject to Delaware law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Humanist Beauty, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Humanist Beauty.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and you 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. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.
In the event any litigation should arise between you and Humanist Beauty in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HUMANIST BEAUTY WAIVE ALL RIGHTS TO A JURY TRIAL, instead 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 AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Humanist Beauty at info@humanistbeauty.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, 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 Delaware.
The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Humanist Beauty, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.
Disclaimer: Statements on this website have not been evaluated by the FDA. These products are not intended to diagnose, mitigate, treat, cure, or prevent any disease, nor are the products intended to affect the structure or any function of the body of man/woman or other animals. CANNABIDIOL USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. KEEP OUT OF REACH OF CHILDREN. Humanist Beauty Herban Wisdom products include hemp extract that contain less than 0.3% THC. Products containing CBD or THC are not to be used by or sold to persons under the age of 21.
We don’t retouch the skin of the model humans shown on this website. Keepin’ it real.
