THIS WEBSITE IS OWNED AND OPERATED BY HELLAPRETTY, INC. PLEASE READ THESE TERMS OF USE (HEREIN BY REFERENCE AS THE “TERMS”) FULLY AND CAREFULLY BEFORE USING WWW.HELLAPRETTY.COM (THE “SITE”) AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS OF YOUR RIGHTS AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR USE OF THE SITE AND THE PRODUCTS IT SELLS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

ACCEPTANCE OF TERMS: By browsing or using the Site, or accessing links to our social media accounts or pages on third party websites, you agree to these Terms and any amendments hereto that may be published from time to time on the Site.  BY USING THIS SITE YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE.

ELIGIBILITY TO USE THE SITE:

By browsing or using the Site, you agree that you are of age or with the permission and involvement of your parent or guardian. As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes. No other use of the Site is authorized.

NOTICE REQUIRED BY LAW:

Pursuant to California Civil Code Section 1789.3, customers are entitled to the following specific consumer rights notice: The name and location of the provider of this service is HellaPretty Inc. of Boulder, CO 80501. Complaints regarding products, or requests to receive further information regarding use of this Site may be sent to [email protected].

INTERNATIONAL USERS: Our Site is controlled, operated, and administered from our offices in Colorado, United States of America. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable. We may ship to certain locations outside the United States, and reserve the right to apply additional shipping and handling charges to any orders shipped outside the United States.

CHANGES TO TERMS OF USE:

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Your continued use of the Site will constitute your acceptance of the current Terms.

RULES OF CONDUCT AND GENERAL PROHIBITIONS :

You must only use this Site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not, without our written consent copy, reproduce, use, or otherwise deal with any Content on the Site for any purpose.  By accessing or using this Site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site. To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the Site. We have the right to remove any User Content or posting you make on the Site if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.

RIGHT TO USER CONTENT POSTED BY YOU:

By making any User Content available to or through the Site, you will remain the owner of your User Content, but hereby grant HellaPretty Inc. a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing products and services to you and/or other Users, and also in connection with advertising of our products and services. You also agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned to you, except as otherwise described in the Privacy Policy.

We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.

You can remove your User Content by specifically deleting it. However, in certain circumstances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

MEDICAL DISCLAIMER:

The Content, statements, and other material made available on or through the Site are not intended to diagnose, treat, cure, or prevent any medical condition or disease; and are not in any way intended as medical advice or as a substitute for medical treatment. If you have a medical condition that may be affected by your use of any products offered on the Site, you should consult with your physician or other healthcare professional before using any product.  The Site is solely an online store for personal care products.

HellaPretty Inc. Assumes no responsibility for personal injury.  HellaPretty Skincare products are for personal care and are not classified as a drug or medicinal treatment.  HellaPretty adheres to community standards around proper dilution levels to ensure product safety.  HellaPretty values recipe transparency to its customers which is why all ingredients are listed.

INDEMNIFICATION:

You will hold harmless HellaPretty Inc., our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses.  YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.

COPYRIGHTS AND TRADEMARKS: The Site, including all of the Content and the products it sells, is the sole and exclusive property of HellaPretty Inc.  and protected by applicable copyright, trademark, and other proprietary rights. Unless expressly stated otherwise, we retain other proprietary rights in all Content and products available through the Site.

INTELLECTUAL PROPERTY, COPYRIGHT, AND CONFIDENTIALITY:

Copyright in any manual, sales documentation, technical description, and other documents that may be supplied by HellaPretty Inc.  under or in connection with your purchase(s) and any and all intellectual property rights, title, and interest in the formulation or design of HellaPretty Inc.’s products or any part thereof, whether such formulation or design is registered or not, shall vest in HellaPretty Inc. Any data, copyright, proprietary right, or confidentiality, know how, or process with respect to HellaPretty Inc.’s products is the confidential proprietary information of HellaPretty Inc. You also agree that you shall not provide HellaPretty Inc.’s products to any third-party or entity to reverse engineer or disassemble HellaPretty Skincare’s products or any part thereof to create or derive any HellaPretty Inc.  or third-party intellectual property.

LINKS TO THIRD PARTY WEBSITES:

The Site may contain links to third party websites or services and advertisements for third parties (collectively, the “Third Party Sites & Ads”). Such Third-Party Sites & Ads are not under our control and we are not responsible for any Third-Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third-Party Sites & Ads.  The inclusion of a hyperlink to Third Party Sites & Ads does not imply affiliation, endorsement, or adoption by HellaPretty and/or HellaPretty Skincare of the Third-Party Sites & Ads or any information contained therein.

LINKS TO THIRD PARTY WEBSITES:

The Site may contain links to third party websites or services and advertisements for third parties (collectively, the “Third Party Sites & Ads”). Such Third-Party Sites & Ads are not under our control and we are not responsible for any Third-Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third-Party Sites & Ads.  The inclusion of a hyperlink to Third Party Sites & Ads does not imply affiliation, endorsement, or adoption by HellaPretty and/or HellaPretty Skincare of the Third-Party Sites & Ads or any information contained therein.

PRODUCT DESCRIPTIONS:

We have taken reasonable precautions to ensure that all product descriptions, prices, and other Content on the Site are correct and fairly described. We have made every effort to display as accurately as possible the ingredients of our products that appear on the Site. 

ONLINE PURCHASES:

If you wish to purchase any product made available through the Site (a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant HellaPretty Inc. the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

By placing an order on this Site, you are making an offer to HellaPretty Inc . Our acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to not accept the offer if there has been a material error in the description of the product, or if the price advertised is incorrect. All prices are displayed in United States Dollars.

All descriptions, images, references, features, Content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply that these products will necessarily be available.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice to limit the available quantity of or discontinue any product. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

ORDER AND PAYMENT INFORMATION:

If you use the Site to purchase a product, payment must be received by HellaPretty Inc. prior to our acceptance of an order, unless otherwise agreed to by us in advance. All of our products are subject to sales tax, which will be applied to your order total. We may need to verify information you provide before we accept an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, we will refund you any payment made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. We will add applicable shipping and handling fees to your charges, as stated in your order. We reserve the right to reject orders where standard shipping is not available.

ANTI-DIVERSION:

HellaPretty Inc. Is not responsible for any injury or damage that may result from the purchase of products through distributors or retailers who are not authorized distributors or retailers of our products. We are not responsible for any injury or damage that may result from products purchased past their expiration date or those that have been altered or discontinued.

HellaPretty Inc. Assumes no responsibility for personal injury due to use of products sold on the Site.  Products are for personal care and are not classified as a drug or medicinal treatment.

LIMITATIONS OF LIABILITY:

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER HELLAPRETTY INC. , OUR AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING PRODUCTS, SERVICES, OR CONTENT ON THE SITE WILL BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY – EVEN OUR OWN ACTIVE OR PASSIVE NEGLIGENCE – ARISING IN CONNECTION WITH THE SITE; THE USE OR INABILITY TO USE THE SITE; THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES THROUGH THE SITE OR OTHERWISE; UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OF DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED BY THE SITE; ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HELLAPRETTY INC . ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO HELLAPRETTY INC  FOR ANY PRODUCTS OR SERVICES SUPPLIED BY US THROUGH YOUR USE OF THE SITE.

WE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

NO THIRD PARTY BENEFICIARIES:

We and you are the only parties entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and HellaPretty Inc . Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms. You also agree that if we assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party in writing, such third party may enforce the Terms that are assigned, transferred, or sub-contracted.

DISPUTE RESOLUTION:

WE EACH AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO OUR PRODUCTS, THESE TERMS, BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF OR THE USE OF THE SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY CONFIDENTIAL BINDING ARBITRATION. 

An arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.  The parties agree that the arbitration will be limited to the resolution of individual claims only.  Prior to initiating an arbitration proceeding, you must first send HellaPretty Inc.  a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested (“Dispute Statement”). The Dispute Statement to HellaPretty Inc.  must be emailed to [email protected] 

The parties agree that any cause of action either may have with respect to the Site or our products, services, and Content must be commenced within one (1) year after the Dispute arises. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.

GENERAL TERMS:

These Terms constitute the entire and exclusive understanding and agreement between HellaPretty Inc. and/or HellaPretty Skincare  and you regarding the Site, Content, products, and services that may be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and HellaPretty Inc.  regarding the Content, products, or services provided on the Site.

We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by HellaPretty Inc.  under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and HellaPretty Inc., and you do not have any authority to create any obligation on our behalf.

CONTACT INFORMATION:

If you have any questions about these Terms, please contact HellaPretty Inc. in Boulder, CO USA via email at: [email protected]

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