Terms of Use

PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER OR OTHERWISE USING THIS WEBSITE. This product website (the “Website”) is owned and operated by G2G Ventures, PBC. Dba Counter Beauty and its affiliates (collectively "Company", "us", "we" or "our"). These Terms of Use and Conditions of Purchase and any amendments or supplements to them, together with our Privacy Policy (collectively, the "Agreement"), form a legally binding agreement between you and the Company. This Agreement governs your access to and use of any the Company Website, any order you place through a Company website or by telephone, and, as applicable, your use or attempted use of our products and services (collectively, “Your Use”).

Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE A COMPANY PRODUCT.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 15) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 15 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

1. Eligibility

In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.

2. User-Generated Content

Subject to the limitations set forth herein, you may upload any photographs, comments, video clips, reviews, and other communications and content to the Website (“Your Content”). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. The Company and its affiliates are free to use any ideas, concepts, or know-how contained in Your Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, distributing, and marketing products using such information.

You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify the Company for all claims relating to Your Content.

We will not be responsible or liable to you or any third party for the content or accuracy of Your Content. The Company has the right, but not the obligation, to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.

Consent to tracking technologies. You consent to the use of tracking technologies on the Website to collect and record your real-time activities and movements across the Website throughout your browsing session, including to track clicks/touches, mouse movements, scrolling, keystrokes, data entered, device information and orientation, and screen size (“session data”), for purposes of our own internal analytics and improving our products, services, and user experience. You also consent to our sharing of your session data with our third-party service providers for these purposes. Please review our Privacy Policy for more information about our collection, use, and sharing of session data.

3. User Conduct

You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:

• (i)copy, reproduce, rent, lease, loan, or sell content retrieved from the Website;
  
• (ii)modify, distribute, or re-post any content on the Website for any purpose; or
  
• (iii)use the content of the Website for any commercial exploitation whatsoever.

In using the Website, you further agree:

• (a)not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
• (b)not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;
• (c)not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
• (d)not to use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without Company's express written consent;
• (e)not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
• (f)not to use meta tags or any other "hidden text" utilizing a Company name, trademark, or product name without the Company's express written consent;
• (g)not to deeplink to the Website without the Company's express written consent;
• (h)not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;
• (i)not to collect or store personal data about others;
• (j)not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
• (k)not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright you own the copyright; and
• (m)to comply with all applicable laws regarding your use of the Website

4. Protection of Intellectual Property Rights and License

You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy, and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of the Company's or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

5. Disclaimer Regarding Information Provided on the Website

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.

THE COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE THE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, THE COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.

6. Disclaimer of Warranties With Respect to Use of the Website

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

7. Links to Other Websites That The Company Does Not Control

The Website may provide links to other websites and/or resources, including advertisers, over which the Company has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Company of content, items, or services on those third-party websites. You access, view, and use such website links, including the content, items, or services on those websites, solely at your own risk. The Company makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that the Company has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. At the moment when you leave the Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.

8. Purchasing Items from Us

Product Representations. The Company reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. The Company takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible, and to depict the most up-to-date packaging. However, when ordering products, please note that the Company does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website under http://counter.com/pages/contact. The Company's descriptions of, or references to, products not owned by the Company do not imply endorsement of that product or constitute a warranty by the Company.

Pricing Errors and Omissions. Please be aware that prices, availability, and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. The Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.

Order Placement and Acceptance. If you order a product, payment must be received by the  Company prior to the Company's acceptance of the order. The Company may require additional information regarding your order if you have not provided all the information required, and may cancel or limit an order any time after it has been placed. Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization, and a form of payment have been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available, and we may offer you alternative product(s) of equal quality and value.

The Company does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If the Company discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, the Company will also report you to federal, state, and/or local enforcement authorities.

Shipping and Risk of Loss. The Company will add applicable shipping and handling fees to your order. Unless otherwise noted, the Company will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although the Company may provide delivery or shipment timeframes or dates, you understand that those are the  Company's good-faith estimates and may be subject to change. You further understand that product availability may be limited, and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, the Company will use reasonable good faith efforts to contact you. If the Company cannot contact you or you no longer wish to receive the item, the Company will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or Mastercard. The Company shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items passes to you upon our delivery to the carrier. The Company may reject orders where the stated delivery address is outside the United States.

Sales Tax. In the United States, the Company is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. The Company is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes. Qualifying States: AL, AZ, AR, CA, CO, CT, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NV, NJ, NM, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI and WY.

Payment Information. In ordering products through the Website, by telephone, or otherwise, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information that is yours or that you are authorized to provide. The Company shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to the Company, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

International Orders. The Company does not directly sell certain Company products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While the Company may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:

• (a)You agree that the purchase of any the Company products by you, as a non-U.S. resident, shall be (i) ex works the Company's facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;
• (b)You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;
• (c)You hereby expressly authorize and direct the Company to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and
• (d)You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties, and import requirements from the Company's facilities in the United States to your foreign shipping address.

Subscription Terms. Subscriptions are limited to items displaying the Subscriptions tag on the Sites. If you purchase products using our Subscriptions feature at the Company you’ll receive regular shipments of those products based on the frequency you choose; the Company currently offers 1-month, 2-month, 3- month, and 4-month Subscriptions (i.e., your Subscriptions starts on the 1st then it will ship every 2 months on the first of that month) but reserves the right to offer different frequencies in the future which will be posted on the Sites. When you are enrolled, subscriptions will automatically create a new order according to the shipment schedule applicable to your product purchase selection, and your subscription for the selected product will continue for each subscription period selected by you until you cancel. You may skip a subscription shipment, make changes to, or cancel your subscription up to twenty-four (24) hours before your order is placed. There is no additional fee charged for participating in the subscription, and there is no minimum purchase obligation. 

If you are placing an order as part of our subscription program, your participation in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your participation in the program at any time without notice to you.

Some of the offer details for subscription may change as you receive deliveries over time (for example, price, taxes, availability, and shipping/handling charges). If the item is unavailable when we plan to ship it, we will notify you that we are unable to process the order, and we will wait to process your order until the next scheduled shipping date based on the shipment frequency selected.  

RECURRING CHARGES APPLY. The total cost charged to your payment method for each subscription order will be the cost of the item on the day that order is processed, less any subscription discount offered as a percentage or dollars off at the time you signed up, plus shipping, handling, and any applicable sales tax. Your subscription will automatically renew at the end of the term you selected continuously and indefinitely without action by you, and the cost will be automatically charged to you at the time of renewal. the Company reserves the right to modify or cancel any discount offered at the time you signed up for the subscription, with notice to you, and future orders fulfilled would reflect any such change. For each subscription item shipment, you authorize the Company to charge the payment method used when you enrolled unless otherwise directed by you. If we are unable to complete your subscription order with the payment method you used when you enrolled, we will not fulfill the order and will notify you that your payment method needs to be updated.  

The actual cost of each shipment may vary depending on the quantity and frequency chosen. You accept responsibility for all recurring charges, and your subscription will continue until you cancel your subscription. There is no minimum purchase obligation.  

CANCELLATION. You may cancel a subscription at any time. To cancel, log in to your account, click the “Subscriptions” tab, then click “cancel.” You may also cancel by contacting Customer Service. If you cancel before the next recurring payment is charged, then your subscription will terminate automatically, and the Company will not charge your payment provider for any subsequent subscription period. If you cancel while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), the Company will continue to process your order; your subscription will terminate automatically after the last order is shipped. If you cancel your enrollment and then reactivate it, the discount applied to any subscription item may not be the same discount in effect at the time of cancellation. If the subscription discount for such item changes, the new discount will be applied to your future shipments of that item.  

 SKIP A SHIPMENT. You may also skip a shipment at any time. To skip a shipment, log in to your account, click “subscription,” then “skip a shipment.” If you skip a shipment before your next recurring payment is charged, the Company will cancel the next scheduled delivery for your subscription, and your payment method will not be charged for the skipped shipment. If you skip a shipment while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), the Company will continue to process your order for that period and skip the following subscription period. After your skipped shipment, the Company will automatically restart your subscription deliveries unless you skip the next shipment or cancel your subscription. Skipping a shipment does not cancel your subscription.  

MANAGE YOUR SUBSCRIPTIONS. You can manage or make changes to your subscription at any time by logging into your account, clicking “subscription,” and following the prompts. Any changes you make will be reflected in your next shipment, except for changes initiated while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), in which case they will be reflected after the current order has been completed.  

The Company reserves the right to change the subscription benefits, including the discount amounts and eligibility used to determine discount amounts, at any time in its sole discretion. All changes will apply to future orders, including current enrollments.  

 Subscription discounts apply only to eligible items displaying the offer message on the subscription item information pages, and then only if you select the subscription delivery method.  

 All returns under subscription are subject to the Company Return Policy.  

The Company reserves the right to change the pricing of any product associated with subscriptions at any time. In the event of a price change, The Company will post the new pricing on the website and attempt to notify you in advance by sending an email to the address you have registered for your account. You agree that we may change the pricing we charge you for your subscription products by providing you with notice through an electronic communication from us, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to our ability to change our pricing and the details of our subscription products (sizes, varieties, etc.) through an electronic communication to you. If you do not wish to accept a price change made by us, you may cancel your subscription as described above, otherwise you will be deemed to have consented to the price change and authorize The Company to charge the new price to your payment method. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify The Company within sixty (60) days after they first appear on an account statement.  

IF YOU ARE A PARTICIPANT OF OUR SUBSCRIPTION PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT.

You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). If a subscription order cannot be processed due to an issue with an invalid shipping address, billing address, or expired payment information, you will be notified and given the opportunity to correct the problem. If the issue is not corrected within thirty (30) days, your subscription will be cancelled.  

Return/Refund Policy. You may return items in accordance with the Return Policy instructions that accompany your product shipments, or if you are uncertain about your right to return the product, you may also contact Customer Service for assistance.

9. Electronic Communications, Signatures and Agreements

The information communicated on the Website constitutes an electronic communication. When you communicate with the Company through the Website or via other forms of electronic media, such as e-mail, you are communicating with the Company electronically. You agree that the Company may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that the Company provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by the Company or you).

You further acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by the Company, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY THE COMPANY. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery, or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

10. SMS and MMS Communication

You have chosen to opt in and agree to receive automated promotional and informational text messages on an ongoing basis (e.g., SMS and MMS) from the Company and its affiliates (collectively “Company”, “us”, “we” or “our”), including text messages which may be delivered by an automated messaging system, to the mobile telephone number you provided to us upon signing up for this service or any other number that you may input. Your carrier’s messaging & data rates may apply. Your consent to receive automated text messages is not a condition of any purchase you make.

Messaging frequency may be subject to change. The Company reserves the right to change the volume of messages sent at any time and for any reason. The Company has the right to modify the short code or phone number from which this service sends you messages.

Due to the wide variety of mobile devices and handsets, you acknowledge that not all devices and/or interfaces may be supported by this service, and our messages may not be deliverable to you in all locations. The Company, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages. T-Mobile is not liable for delayed or undelivered messages.

We collect various information on our behalf from and about you, including information you directly provide when you use the Messaging Service. For example, we collect the phone number and/or email address you provided when signing up for the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages. We may also collect information about you using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable personalization of your experience on the Messaging Service. For example, we use cookies to track the items in your Shopping Cart and may use that information to send you triggered text campaigns (e.g., sending you personalized text messages such as shopping cart reminders).

By agreeing to these Messaging Terms, you also agree to the Company’s Terms and Privacy Policy, which are hereby incorporated by reference. In the event of any conflict, these Messaging Terms shall control with regard to your use of this messaging service.

Age Restriction and Eligibility

In order to use this messaging service, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.

Choosing to Opt Out

You may text the keyword “STOP” to opt out of this messaging service at any time. After texting “STOP”, you will receive confirmation from us that your opt-out request has been processed via a text message sent to you. You acknowledge that an opt-out request that does not solely consist of the “STOP” keyword command will not be recognized by our system as an opt-out request, and you agree and acknowledge that the Company and its service providers will not be responsible for any failure to comply with such ineffective opt-out requests. Notwithstanding the foregoing, if you opt out of this text message program, you may continue to receive text messages from the Company through any other programs you have joined until you separately opt out from those programs.

Termination of Text Messaging

The Company may suspend or terminate this service and your receipt of the Company-related text messages if it believes you are in breach of these Messaging Terms. Your use of this service and receipt of the Company text messages are also subject to termination in the event you no longer have the rights access to your mobile telephone service. The Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of this the Company text messaging service, with or without notice.

Mobile Phone Number Change

In the event that you change or deactivate your mobile phone number, you agree to notify the Company at http://counter.com/pages/contact.

Contact

If you have questions regarding these Messaging Terms or are experiencing any problems, please reach out to us at http://counter.com/pages/contact.

This messaging program is a service of:

1745 Berkeley St.

Studio 2

Santa Monica, CA 90404
Attention: Company Customer Service

Changes to Messaging Terms

We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time, and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.

11. Communications with the Company

You acknowledge that telephone calls to or from the Company are monitored and recorded, and you agree to such monitoring and recording.

You verify that any contact information provided to the Company, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to the Company. You acknowledge that by voluntarily providing your telephone numbers to the Company, you expressly agree to be contacted at the telephone numbers you provide.

You consent to receive e-mails, pre-recorded voice messages, and/or autodialed calls (including text messages) by or on behalf of the Company relating to this Agreement, any purchase or transaction with the Company, matters related to your account (including debt collection), and promotions regarding the Company's products. These communications may be made by or on behalf of the Company, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls from your telephone carrier and that the Company will not be responsible for these charges.

the Company may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses, and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide the Company notice within 30 days of any change to your contact information by writing to 1745 Berkeley St., Studio 2, Santa Monica, CA 90404; Attention:  Customer Service, or here. Your consent to this communications provision is not required to make any purchase with the Company.

12. Limitation on the Company's Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES, OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.

13. Indemnification

You agree to indemnify and hold harmless the Company, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to the Company that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.

14. Termination of Website

You agree that the Company may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason that the Company, in its sole discretion, deems appropriate. You further agree that the Company will not be liable to you or any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on the Company's liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.

15. Pre-Dispute, Mandatory Confidential, Binding Arbitration, and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH CONFIDENTIAL, BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, the Company, and/or any involved third party relating to your account, Your Use (defined above), your relationship with the Company, or these Terms of Use and Conditions of Purchase. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by the Company or any third party related to your use or attempted use of the products. You, the Company, or any involved third party may pursue a Claim. The Company agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against the Company. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Exceptions to Binding Arbitration. As an exception to binding arbitration, you and the Company both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. The Company will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against the Company, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to the Company, 1745 Berkeley St., Studio 2, Santa Monica, CA 90404; Attn: General Counsel. You agree to negotiate with the Company in good faith about your problem or dispute. If, for some reason, your problem or dispute is not resolved to your satisfaction within 60 days after the Company's receipt of your written dispute, you agree to the dispute resolution provisions below.

Commencement of Arbitration. You and the Company agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above), and that any proceeding commenced after 1 year shall be barred.

Arbitration Location. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and the Company agree.

Sponsoring Organization, Rules, and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures, and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Use and Conditions of Purchase and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or the Company.

Arbitration Fees. The Company shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although the Company may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, the Company agrees that it will not seek such an award unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.

Enforceability. This provision survives termination of your account or relationship with the Company, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and the Company and shall not be modified except in writing by the Company.

Amendments. The Company reserves the right to amend this arbitration provision at any time. Your continued use of any the Company Website, purchase of a Company product, or use or attempted use of a Company product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, the Company will provide you notice and an opportunity to opt out. Your continued use of any Company Website, purchase of a Company product, or use or attempted use of a Company product, is affirmation of your consent to such material changes.

YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A COMPANY PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO COUNTER BEAUTY, 1745 BERKELEY ST. STUDIO 2, SANTA MONICA, CA 90404; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY COUNTER BEAUTY PRODUCT YOU PURCHASED, USED, OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE OF COUNTER BEAUTY PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID, AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

16. Exclusive Venue for Other Controversies

You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed in Los Angeles, California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You and the Company agree to commence any proceeding within 1 year after the Claim arises, and that any proceeding commenced after 1 year shall be barred.

17. Remedies for the Company

In order to avoid irreparable injury to the Company, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

18. Modifications to the Agreement

The Company may make changes to these Terms of Use  from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms of Use and Conditions of Purchase constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.

19. Trademark Notices

COUNTER BEAUTY® is a trademark of G2G Ventures, PBC. All other trademarks and service marks displayed on the Website are the property of the Company or their respective owners. You may not use or display any trademarks or service marks owned by the Company without the Company's prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.

20. Copyright Policy

It is the Company's policy to respect the copyright and intellectual property rights of others. The Company may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, the Company may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, the Company complies with the Digital Millennium Copyright Act.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the Company's Copyright Agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where the material that you claim is infringing is located on the Website.
4. Your address, telephone number, and e-mail address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

21. Other Important Terms

The Company may assign, transfer, or subcontract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with the Company. No delay by the Company in exercising any right or remedy under these Terms of Use and Conditions of Purchase shall operate as a waiver of that right or remedy or shall affect the Company's ability to subsequently exercise that right or remedy. Any waiver must be agreed to by the Company in writing. These Terms of Use and Conditions of Purchase supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.