TERMS AND CONDITIONS
Effective Date of Terns Conditions: August 1, 2018
MENT Beauty LLC is registered under the laws of the State of California, United States of America, and our mailing address is 27943 Seco Cyn Road, Unit 594, Santa Clarita, California 91350. Our brand, Leulo™, promotes dietary supplements designed to support your skin’s health and complexion.
AGREEMENT TO TERMS
These Terms and Conditions of Use (the “Terms”) establish a legally binding agreement made between you, whether personally or on behalf of an entity (hereinafter, “you” or “your”) and MENT Beauty LLC (hereinafter, “we,” “us,” or “our”), concerning your access to and use of our Leulo™ brand website (www.leulo.com) as well as any other mobile website, mobile application, or media form or channel, linked or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have been made aware of and have read, understood, and
agreed to be bound by all these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU
ARE PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or related policies that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date ofthese Term, and you waive any right to receive specific notice of each such update or change. It is your responsibility to periodically review these Terms to stay informed of updates and changes. You will be subjectto, and will be deemed to have been made aware of and to
have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
The Site is intended for users who are at least eighteen (18) years of age. Persons under the age of eighteen (18) are not permitted to use or register for the Site.
DISCLAIMER THIS SITE DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT INTENDED TO BE AN ALTERNATIVE TO PROFESSIONAL MEDICAL ADVICE. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. INFORMATION ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION ON THIS WEBSITE TO DIAGNOSE OR TREAT A HEALTH OR MEDICAL CONDITION OR PRESCRIBE ANY MEDICATION OR OTHER TREATMENT.
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY MEDICAL CONDITION AND/OR DISEASE. CONSULT YOUR HEALTHCARE PROVIDER PRIOR TO USE IF YOU HAVE OR SUSPECT YOU HAVE A MEDICAL CONDITION, ARE TAKING PRESCRIPTION DRUGS, ARE PREGNANT OR INTEND TO BECOME PREGNANT OR ARE LACTATING. IT IS
RECOMMENDED THAT YOU ALWAYS SPEAK TO YOUR HEALTHCARE PROVIDER PRIOR TO TAKING ANY NUTRITIONAL OR HERBAL SUPPLEMENT REGARDLESS OF WHETHER YOU HAVE OR SUSPECT YOU HAVE A MEDICAL CONDITION. YOUR DECISION NOT TO DO SO IS AT YOUR SOLE RISK.
WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PROFESSIONALS, TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE DISPLAYED OR MENTIONED ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BYUS, OUR CONSULTANTS, OUR EMPLOYEES, OR OTHERS APPEARING ON THE SITE (AT OUR INVITATION OR BY OTHER USERS OF THE SITE) IS SOLEY
AT YOUR OWN RISK.
IT IS YOUR SOLE RESPONSIBILITY TO CAREFULLY READ ALL PRODUCT PACKAGING AND INSTRUCTIONS FOR USE OF ANY PRODUCTS PURCHASED THROUGH THE SITE PRIOR TO YOUR USE OF SUCH PRODUCTS. WE SHALL NOT BE HELD LIABLE FOR YOUR MISUSE, WHETHER INTENDED OR UNINTENDED, OF ANY PRODUCT PURCHASED THROUGH THE SITE.
IF YOU HAVE OR SUSPECT YOU MAY HAVE A MEDICAL CONDITION, PROMPTLY CONTACT YOUR HEALTHCARE PROVIDER. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND
WE WILL ASSUME NOLIABLITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR ANY USE OF THE SITE; (2) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPER-LINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. PAYMENT, REFUND, AND SHIPPING POLICY Payment schedules vary by package and we offer three methods to purchase our products. Products may be purchased through a one-time purchase or through one of our 6- or 12-month subscription plans (collectively, the “Subscription Plan”). Your selected Subscription Plan may require you to pay
recurring monthly or annual fees (collectively, the “Subscription Fee”), until you cancel your Subscription Plan and such cancellationgoes in to effect, which may not be until the next billing period. You may log in to your account to view your specific schedule.
Upon submitting your credit card information to us, you authorize us to charge such credit card for the balance owed for the Subscription Plan(s) listed in your order, and to charge such credit card for all Subscription Fees for the selected Subscription Plan(s), if applicable. Orders of $50 or more shall be shipped free of charge within the United States, including to Hawaii and Alaska (collectively, the “United States”). Orders under $50 shipped within the United States shall be charged a flat fee of $6 to cover shipping and handling costs. All orders, whether valued at or below $50, shipped outside of the United States (“International Shipments”) shall incur a flat shipping and handling fee of $12.
We shall not be responsible for taxes and/or duties or any brokerage and/or delivery fees, including return postage, relating to International Shipments. It is your sole responsibility to contact your local customs office to inquire about import regulations prior to placingany order with us. We shall not be held responsible for any package refused, seized, or held for delivery, and refunds will not be issued for any package that is refused, abandoned, seized, and/or determined to be undeliverable for any reason whatsoever.
Unopened products may be returned for a refund within 30 days of delivery. If products have been opened, you may still return them to us within 30 days of delivery,however you will receive store credit instead of a refund to your credit or debit card. REFUNDS AND STORE CREDIT WILL NOT BE ISSUED IF PRODUCTS ARE NOT RETURNED TO US WITHIN 30 DAYS OF DELIVERY. Proof of delivery will be required when returning any products, whether opened or unopened. Shipping costs will not be refunded unless we have sent you products that differ from the products listed in your order. Acceptance by us of the returned products will be at our sole discretion. To initiate a return, you must
contact us at firstname.lastname@example.org; at that time, we will provide you with specific instructions on how to complete the return.
You acknowledge and agree that we may provide information to a third party in response tovalid legal process including, without limitation, subpoenas, search warrants, or court orders, or to establish our legal rights or defend against legal claims. We will not be liable for any use or disclosure of such information by such third parties.
You also acknowledge and agree that any credit card or related billing information that you provide to us may be shared by us with companies that work on our behalf, such as credit agencies and/or payment processors, solely for the purposes of checking credit, carrying out payment to us, or servicing your account.
We reserve the right to change or modify our pricing schedule at any time and for any reason with thirty (30) days’ notice to you.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all software, website designs, source code, databases, functionality, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “IP Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, foreign jurisdictions, and international conventions. The Content and the IP Marks are provided on the Site “as is” for your
information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or IP Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
We do not assert ownership over third-party trademarks, service marks, or logos. This includes, but is not limited to, the designs, photographs, graphics, or text displayed on the products posted on the Site (collectively, the “Third-Party IP Marks”). The owners of these Third-Party IP Marks retain full ownership of these marks and any intellectual property rights or other proprietary rights associated with the Third-
Party IP Marks. We are not liable for any statements or representations in the Third-Party IP Marks, and you agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding the Third-Party IP Marks. If you are an owner of any Third-Party IP Marks displayed on the Site, and you believe this material infringes your rights under intellectual property laws, you may contact us in writing at the address and email listed at the end of these Terms. We will make our best efforts to investigate and, if required, remove your Third-Party IP Marks from the Site.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain, or you may be sent via the Site, links to other websites (the “Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any Third-Party Content or any contact with Third-Party Websites.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under theapplication terms and conditions that govern your use of each Third- Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any
of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that: (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend or connection lists; and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERSASSOCATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
ADDITIONAL TERMS FOR ADVERTISERS
We may allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including but not limited to,
intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to copyright laws, and you understand and agree there will be no refund or other compensation for take-down related issues. Further, as an advertiser, you acknowledge and agree that you may be required to pay a fee to advertise on the Site.
Please be advised the Site is hosted in Canada. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the Site, you are transferring your data to Canada, and you expressly consent to have your data transferred to and processed in Canada.
TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED INTEHSE TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SITE, WITHOUT WARNING, IN OUR SOLE DISCRETION. MODIFICATIONS, INTERRUPTIONS, AND CORRECTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, change, suspension, or
discontinuance of the Site.
We cannot guarantee the site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any
downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
These Terms and your use of the Site are governed by and construed in accordance with the laws of theState of California, without regard to its conflict of law principles. Each of the parties to these Terms irrevocably agrees that the courts of the State of California shall have exclusive jurisdiction to hearand decide any claim, action, suit, or proceeding, and/or settle any dispute, which may arise out of or in connection with these Terms or its formation or validity.
Any dispute arising in connection with these Terms shall be settled in a professional and businesslike manner. In the event a dispute cannot be resolved, the dispute shall be subject to mediation, with the parties equally sharing the costs of mediation and choice of mediator located in Los Angeles County, California. The prevailing party shall be entitled to reimbursement of legal fees and costs.
To the extent the dispute cannot, in good faith, be resolved through mediation, the parties may agree to resolve their dispute through arbitration, before an arbitration forum of our preference, and equally sharing the costs of arbitration and choice of arbitrator located in Los Angeles County, California. The prevailing party shall be entitled to reimbursement of legal fees and costs. Any award issued shall be final.
The filing of an action in court for the purpose of obtaining any of the following shall not be a violationof the obligation to mediate or appear before an arbitration panel: writ of attachment, temporary restraining order, preliminary injunction, or other provisional remedies.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, directors, partners, and employees, from and against any loss, damage,liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third partydue to or arising out of: (1) your use of the Site; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communicationbe in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONSNITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
These Termsoperate the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
In order to resolve a complaint regarding the Site or to receive further information regardinguse of the
Site, please contact us at:
MENT Beauty LLC
27943 Seco Cyn Road, Unit 594
Santa Clarita, California 91350
+1 (747) 217-3231