TERMS OF USE
Saint Jane Beauty
Thank you for accessing www.saintjanebeauty.com (the "Site").
The Site is owned and operated by SAINT JANE LLC ("we", "us", or "Saint Jane Beauty"). Our headquarters are located at 214 Main Street #135, El Segundo, CA 90245.
When you use the Site, these terms of use (these "Terms of Use") apply, whether you access or use the Site as a guest or as a registered user. Use of the Site includes accessing, browsing, purchasing, subscribing, or registering for an account. Please read these Terms of Use carefully before you start to use the Site.
By using the Site, or by placing an order or enrolling in a subscription, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Site.
We may update these Terms of Use from time to time by updating this page. The "Last updated" date above indicates when these Terms of Use were last changed. Every time you wish to use the Site, please check these Terms of Use to ensure you understand the terms that apply at that time.
IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER
THESE TERMS OF USE CONTAIN A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST SAINT JANE LLC AND ITS AFFILIATES ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED BELOW.
DISCLAIMERS
1.1 Health Information and FDA Disclosure
Any statements on this Site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration ("FDA"). Our products are not intended to diagnose, treat, cure, or prevent any disease. Information on this Site is for educational and informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment.
You should consult your physician before using any of our products, including if you are pregnant or nursing, have a medical condition, have sensitive skin, or use prescription medications.
Always seek the advice of your health provider with any questions you may have regarding a medical condition. Do not ignore professional medical advice or delay seeking it because of something you have read on the Site. If you think you have a medical emergency, call your health provider or 911 immediately. Nothing on this Site creates a doctor patient relationship.
Products are not for use by or sale to persons under the age of 18.
1.2 General Information Disclaimer
The Site and the material on it are provided for general information only and are not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties, or guarantees, whether express or implied, that the Site or any content on it is accurate, complete, or up to date. While we try to accurately display product colors, the actual colors you see depend on your monitor and may not be accurate.
WITHOUT LIMITING THE FOREGOING, THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.
USE OF THE SITE
The Site is made available free of charge for your personal use subject to these Terms of Use. You may not use the content of the Site for any commercial purposes whatsoever.
You may use the Site only for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Site. You may not:
misuse or tamper with the Site (for example hack, introduce viruses, trojans, worms, logic bombs or other harmful material, or carry out denial of service attacks)
use the Site in any way that breaches any applicable local, national, or international law or regulation
use the Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
use the Site for the purpose of harming or attempting to harm minors
send, knowingly receive, upload, download, use, or re use any material that does not comply with these Terms of Use
use any robot, spider, crawler, scraper, or other automated means to access the Site to monitor, extract, copy, or collect data from the Site
transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material (spam)
We may end or restrict your use of the Site, without warning and without liability to you or any third party. You understand that we have the right to determine, in our reasonable discretion, whether you are engaging in unauthorized activity and or violating these Terms of Use.
The Site is meant for adults. By using the Site, you represent that you have reached the age of majority where you reside and that you are at least 18 years old.
AVAILABILITY, SECURITY, AND ACCESS
You are responsible for making all arrangements necessary for you to have access to the Site.
We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons without notice (for example repairs, maintenance, or updates). Except where required by law, we will not be liable to you if for any reason the Site is unavailable at any time or for any period.
We use reasonable efforts to keep the Site free from viruses and harmful content, but we cannot guarantee that your use of the Site will not cause damage to your device. You should use your own virus protection software. Except where required by applicable law, we are not liable for losses resulting from viruses or other harmful content accessed from or via the Site.
CREATING AND SAFEGUARDING YOUR ACCOUNT
To use certain parts of the Site, you may need to create an account ("Account"). You agree to provide accurate, complete, and updated information for your Account. You can access, edit, and update your Account by logging in through the account area on the Site.
You are responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for acts or omissions by you in connection with your Account. You must notify us immediately using the information in the "Contact Us" section if you know or suspect that your Account or password has been stolen, misappropriated, or otherwise compromised, or in case of unauthorized use.
USER GENERATED CONTENT AND REVIEWS (INCLUDING LOOX)
This section applies to comments, reviews, photos, videos, feedback, suggestions, questions, and other submissions you disclose, submit, upload, or post on or through the Site, including through Loox (collectively, "Submissions").
5.1 License to Use Submissions
Except for personal data (which is handled as described in our Privacy Policy), when you make a Submission, you grant us a perpetual, worldwide, non exclusive, royalty free, transferable, sublicensable license to use, host, store, reproduce, distribute, modify, create derivative works from, publish, display, and otherwise exploit the Submission in connection with our business, including to market and promote our products and services and the Site, in any media now known or later developed, without compensation to you.
To the extent permitted by law, you waive any moral rights or similar rights you may have in your Submissions, and you agree not to assert such rights against us or our sublicensees.
5.2 Your Representations
You represent and warrant that you have all rights, licenses, consents, and permissions necessary to submit the Submissions and to grant the rights in these Terms of Use. You also represent and warrant that your Submissions do not infringe or violate any third party rights.
5.3 Content Standards
Submissions must not include:
abusive, offensive, or inappropriate language
profanity, hateful, racist, discriminatory, sexually explicit, harassing, abusive, or threatening content
defamatory, false, or misleading statements
comments about other reviewers or bloggers
personal information about anyone (including phone numbers, addresses, or payment information)
spam, advertising, or solicitations
HTML code, computer scripts, malware, or website URLs
We may refuse to publish, remove, or moderate any Submission at any time in our sole discretion. The views expressed in Submissions are those of users and do not represent our views.
5.4 Loox
We use Loox to collect and display customer reviews and certain related content. Your use of Loox features may also be subject to Loox terms and policies. If there is a conflict between those terms and these Terms of Use, these Terms of Use govern as between you and us.
ELECTRONIC COMMUNICATIONS
By using the Site, you agree that we may send you operational messages and notices related to your use of the Site, your Account, your orders, or your subscriptions. You agree that any notice, agreement, disclosure, or other communications we send to you electronically satisfy any legal communication requirements, including that such communications be in writing.
Marketing messages, if any, will be sent in accordance with our Privacy Policy. You may opt out of marketing messages at any time by following the unsubscribe instructions in the message.
INTELLECTUAL PROPERTY RIGHTS
We own or license all intellectual property rights in the Site and in the material published on it (the "Material"). The Material is protected by copyright and other laws. All rights reserved.
Subject to these Terms of Use, we grant you a limited, non exclusive, non transferable, revocable license to access and use the Site and the Material for your personal, non commercial use.
You may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or otherwise use any Material without our prior written consent, except as permitted by law.
All trademarks, service marks, and trade names used on the Site (including SAINT JANE and related logos) are proprietary to SAINT JANE LLC or its affiliates or licensors. They may not be used without our prior written permission. All other trademarks are the property of their respective owners.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
If you are a copyright owner and believe any content on the Site infringes your copyright, please provide our designated agent the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner
identification of the copyrighted work claimed to have been infringed
identification of the allegedly infringing material and information sufficient to locate it
contact information (address, telephone number, and email address if available)
a statement that you have a good faith belief the use is not authorized
a statement that the information is accurate and, under penalty of perjury, that you are authorized to act
Send DMCA notices to:
Saint Jane Beauty
ATTN: Legal Department
PO Box 566
Manhattan Beach, CA 90266
Email: info@saintjanebeauty.com (Subject line: DMCA Notice)
MAKING A PURCHASE
9.1 Eligibility and Shipping
To purchase products on the Site, you must be 18 years of age or older, be legally able to enter into an enforceable contract, and have a shipping address within the United States. We do not offer international shipping.
It is your responsibility to know whether you are legally able to purchase and use our products.
9.2 Order Acceptance, Availability, and Accuracy
All orders are subject to acceptance by us and product availability. Items in your cart are not reserved until you complete checkout and the order is processed. We reserve the right to refuse, cancel, or limit quantities for any reason to the extent permitted by law.
You agree to provide current, complete, and accurate purchase and account information, including a valid payment method and accurate shipping address. You are responsible for any costs or issues arising from incorrect information you provide.
Once an order has processed, we may be unable to change or cancel it.
9.3 Personal Use Only and Resale Prohibited
All purchases are for personal use only. Reselling our products or using them for commercial purposes is prohibited. We may cancel or limit orders that appear to violate this policy.
9.4 Shipping, Returns, and Other Policies
Purchases are also governed by our additional policies, which are incorporated by reference into these Terms of Use:
Shipping Policy
Return and Refund Policy
Privacy Policy
If there is a conflict between those policies and these Terms of Use, these Terms of Use control unless a policy expressly states otherwise.
SUBSCRIPTIONS AND AUTO RENEWAL TERMS
If you enroll in a subscription (for example "Subscribe and Save"), the following terms apply.
10.1 Authorization and Recurring Charges
By enrolling, you authorize us to charge your selected payment method on a recurring basis at the frequency and for the products you select until you cancel. Charges will include the product price, applicable taxes, and shipping charges (if any) as presented at checkout and in your subscription settings.
10.2 Changes to Subscription
You may change, pause, skip, or cancel your subscription through your account on the Site, subject to the cutoff times shown in your subscription portal. Changes made after a cutoff time may apply to the next cycle rather than the upcoming shipment.
We may change subscription pricing, product availability, or subscription benefits from time to time. If required by law, we will provide notice. Continued participation after notice means you accept the change.
10.3 Cancellation
You can cancel at any time through your account subscription settings. Cancellation will stop future recurring charges, but does not retroactively refund prior charges except as required by law or as provided in our Return and Refund Policy.
10.4 Failed Payments
If a charge is declined, we may attempt to reprocess the payment method. If payment cannot be processed, your subscription may be paused or canceled.
AFFILIATE PROGRAMS
If you participate in any Saint Jane Beauty affiliate, ambassador, creator, referral, or similar program (an "Affiliate Program"), your participation is subject to the separate program terms, policies, and guidelines provided to you for that program ("Affiliate Terms"). The Affiliate Terms are incorporated by reference into these Terms of Use for Affiliate Program participants.
If there is a conflict between these Terms of Use and the Affiliate Terms, the Affiliate Terms control for Affiliate Program participation.
You agree to comply with all applicable laws and guidelines, including FTC endorsement and disclosure requirements, when promoting Saint Jane Beauty. You are responsible for including clear and conspicuous disclosures (for example "ad" or "paid partnership") as required.
LIMITATION OF LIABILITY
To the extent not prohibited by law, you acknowledge and agree that Saint Jane Beauty, its related companies, and each such company's directors, officers, employees, and agents will not be liable for any indirect, special, exemplary, incidental, consequential, or punitive damages arising out of or related to your use of, or inability to use, the Site or products, under any theory of liability, even if we have been advised of the possibility of such damages.
To the extent not prohibited by law, our total liability for any claim arising out of or relating to the Site, products, or these Terms of Use will not exceed the greater of (a) 100 dollars or (b) the amount you paid us for products purchased through the Site in the 12 months before the event giving rise to the claim.
Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
INDEMNITY
You agree to indemnify and hold harmless Saint Jane Beauty and its affiliates and their respective directors, officers, employees, agents, licensors, contractors, and service providers (collectively, "Indemnified Parties") from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys fees) arising out of or relating to:
your breach of these Terms of Use
your violation of law
your Submissions, including any allegation that your Submissions infringe or violate a third party right
your misuse of the Site
ENFORCEMENT AND MONITORING
To the extent permitted by law, we reserve the right to monitor activity on the Site to maintain security, improve services, and comply with legal obligations. Unauthorized use may result in civil or criminal liability. You agree not to disable, circumvent, or avoid any security device or procedure established for the Site.
LINKS TO OTHER SITES; LINKS TO THIS SITE
The Site may include links to third party websites. We do not control and are not responsible for their content or privacy practices.
You may link to the Site as long as the link is non commercial, fair, and legal, and does not damage our reputation. You may not suggest endorsement where none exists. The Site may not be framed on any other site without our written permission. We reserve the right to withdraw linking permission without notice.
GOVERNING LAW
These Terms of Use are made in and will be construed and enforced in accordance with the laws of the State of California, except that the arbitration provisions are governed by the Federal Arbitration Act and the JAMS rules as described below. Any state law implementation of the Uniform Computer Information Transactions Act does not apply and is disclaimed.
BINDING ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
17.1 Scope
Any dispute between you and Saint Jane Beauty arising out of or relating in any way to your use of the Site, these Terms of Use, any purchase, subscription, product or service, or communications with us (a "Dispute") will be resolved through binding individual arbitration, including threshold issues of arbitrability. Either party may bring an individual Dispute in small claims court if it qualifies and remains an individual action.
17.2 Informal Dispute Resolution
Before initiating arbitration, the party asserting a Dispute must send written notice describing the facts and circumstances and include supporting documentation if available. The receiving party has 30 days to respond. This process is a condition precedent to arbitration.
Notices to Saint Jane Beauty must be sent to:
Saint Jane Beauty
ATTN: Legal Notices
PO Box 566
Manhattan Beach, CA 90266
Email: info@saintjanebeauty.com (Subject line: Legal Notice)
17.3 Arbitration Procedures
Arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect (the "JAMS Rules"). Unless you and we agree otherwise (including by phone or video), the arbitration hearing will take place in the county of your residence as determined by your billing address. If you live outside the United States, arbitration will take place in San Francisco, California. Fees will be handled in accordance with the JAMS Rules.
17.4 Class Action Waiver
All arbitrations will proceed on an individual basis. You and Saint Jane Beauty waive the right to a trial by jury and the right to participate in any class action, class arbitration, private attorney general action, representative action, or consolidated proceeding. If a court decides that the limitations in this paragraph are invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
17.5 Opt Out
You may opt out of these arbitration provisions by sending notice within 30 days of the date you first accept these Terms of Use (for example by creating an account, placing an order, or enrolling in a subscription). Your opt out notice must include your name, mailing address, email address used on the Site, and a clear statement that you wish to opt out of arbitration.
You may opt out by mail to:
Saint Jane Beauty
PO Box 566
Manhattan Beach, CA 90266
Or by email to: info@saintjanebeauty.com (Subject line: Arbitration Opt Out)
If you opt out, Saint Jane Beauty also will not be bound by the arbitration provisions.
17.6 Governing Law and Severability
These arbitration provisions are governed by the Federal Arbitration Act and applicable federal law. To the extent state law applies, California law applies. If any portion is deemed invalid or unenforceable, it will not invalidate the remaining portions. Only the arbitrator is authorized to determine the scope, validity, or enforceability of these arbitration provisions, except that a court must decide any issue concerning the validity of the class action waiver.
17.7 Intellectual Property Disputes
If you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other relief in state or federal court in California, and you consent to jurisdiction and venue in those courts.
MISCELLANEOUS
These Terms of Use do not affect your statutory rights as a consumer.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952 5210.
If any provision of these Terms of Use is held invalid or unenforceable, the remaining provisions will remain in effect. Headings are for reference only. Our failure to enforce any provision is not a waiver. We may assign these Terms of Use in whole or in part. These Terms of Use represent the entire agreement between you and us regarding the Site and supersede prior communications about the Site.
CONTACT US
If you have questions about these Terms of Use, contact us at:
info@saintjanebeauty.com