These are the official Terms and Conditions ("Terms") for all websites, including any features, content, or other materials provided via this website, social media pages, and any other online platform owned and/or operated by or on behalf of City Beauty (collectively, the "Website"). The content and products (collectively "Services") available on the Website are provided to you by City Beauty, LLC, d/b/a City Beauty, and our respective parent companies, subsidiaries, affiliates, licensors and contractors (collectively, "Company," "us", "our", "we") subject to the following Terms.
Before accessing or using the Website, please carefully read these Terms, and any amendments or supplements to it, and our Privacy Policy (collectively, the "Agreement"), as they form a legally binding agreement between you and Company and govern your access to and use of this Website, any order you place through the Website and your use or attempted use of any of our Services (collectively, "Your Use"). By accessing or using the Website (whether through a regular browser or a mobile website or application), you acknowledge that you have read, understood, and agree to be bound by the Agreement. These Terms govern Your Use of our Website, regardless of the means of access. If you do not accept the Agreement, you may not access or use the Website in any way.
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 or by us. The Website is not intended for children under the age of 18 and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION, AND A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. BY AGREEING TO THE AGREEMENT, YOU ACCEPT THAT YOU MUST RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS IN ARBITRATION, AS DESCRIBED IN MORE DETAIL BELOW. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE COMPANY. IT ALSO WILL PRECLUDE YOU FROM PARTICIPATING IN, OR RECOVERING RELIEF UNDER, ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE.
Except for the Section entitled "Mandatory Arbitration" below, which provides for binding arbitration and waiver of class action rights, we reserve the right to update or modify these Terms at any time. When changes are made, we will make the revised version available on this webpage and will update the "Last Updated" date below. THE UPDATED TERMS WILL REPLACE ANY PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES HERETO, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE. Your continued use of the Website after the date any such changes become effective constitutes your acceptance of the new Terms, unless we are required by applicable law to obtain your acceptance through other means. You should periodically visit this webpage to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you may not access, browse, or use (or continue to access, browse, or use) the Website.
All Services contained on the Website are intended for your personal, non-commercial purposes only and protected by intellectual property laws. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, adapt, modify, reverse engineer, copy, publish, display, transmit, frame, link, sell, license, or in any way exploit the Services contained on the Website. You further agree to use this Website, including its Services, only for lawful, non-commercial purposes and in compliance with all international, federal, state and local laws.
We reserve all rights in the Services that we do not specifically grant in these Terms.
We do not authorize or permit the resale of our products by unauthorized retailers, resellers, and/or distributors. Any account or guest user associated with a purchase order that we suspect is connected with the illegal or unauthorized distribution of any of our products, and/or any other activity that was not pre-approved in writing by the Company, may be subject to suspension or immediate termination, and restricted from any further access to this Website. Any open order associated with such a suspended or terminated account, user or IP address will be canceled and credited back to the original purchaser. We reserve the right to pursue legal action against any unlawful retailer, resellers, and/or distributor for violations of this Agreement and under applicable law including the Lanham Act.
If we believe or suspect that your account information or any other information you provide to us is not true, accurate, current or complete, we may deny or terminate your access to this Website (or any portion thereof). The use of a false name, address, telephone number and/or credit card number to purchase any products on this Website shall constitute fraud under the laws of the state of California and shall constitute your stipulation and admission that (1)(a) your use of a false name, address, telephone number and/or credit card, as applicable, was and is a fraudulent representation made at the time of purchase; (b) was made with the knowledge of said falsity; and (c) was made with the intention to defraud us; (2) that our reliance on your fraudulent representations was and is actual, justifiable and reasonable; and (3) that we were and are harmed by your actions. You further stipulate and admit that such conduct was and is carried out with fraud, malice and oppression and, therefore, an award of punitive damages is both necessary and proper for such conduct. All instances of fraud shall be prosecuted to the fullest extent of the law.
Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer, sell, and/or create derivative works from the Website and/or any of its Services unless you obtain our prior written approval in each instance. You also may not use the Services in any way that could harm us and/or any third party. For example, you may not use the Services in a way that could:
You represent and warrant the following: (i) you are above the legal age of majority in your jurisdiction of residence; (ii) you have not previously been suspended or removed from this Website; (iii) you do not currently, nor will you at any given time in the future, have more than one (1) customer account for this Website; (iv) you will provide us with true, accurate, current and complete information if you register for an account and/or place an order; and (v) you have capacity and authority to enter into these Terms and, in doing so, will not violate any other agreement to which you are a party.
The Services do not provide medical advice, diagnosis or treatment, and the information included in the Services is offered for informational purposes only. Some portions of the Services may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Neither our employees nor these third parties are authorized to provide medical or other professional advice through and/or about our Services. We also have not confirmed the qualifications of any third party who provides information through the Services, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain from or through the Services for diagnosis or treatment of any health problem, issue or condition or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Services. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new supplements.
The statements included in the Services have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.
The products displayed on the Website can be ordered and delivered only within the U.S. and certain select countries. See the International Orders section of these Terms for more information. Customers are solely responsible for the payment of any applicable customs, import, export, and excise duty, VAT and/or other taxes and fees for all the products that ship from the United States. We only ship Product orders to shipping addresses that are either a physical address or USPS Post Office Box.
Product Representations. We reserve the right to discontinue or change at any time without notice the Services, specifications, content, messaging, products, and other information, and prospectively change prices on products, in each case without incurring any obligation to you. We take reasonable precautions to try to ensure that the prices quoted on the Website are correct, to ensure that the Website is complete, accurate, and current, and to describe the products available on the Website as accurately as possible and to depict the most up to date packaging. However, we do 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, you agree that 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 these Terms.
Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. Any product on this Website at a particular time does not imply or warrant that such product will be available at any other time.
Order Placement and Acceptance. If you order a product, payment must be received by us prior to our acceptance of the order. We may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.
Shipping and Risk of Loss. Company will add applicable shipping and handling fees to your order. Unless otherwise noted, Company will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Company may provide delivery or shipment timeframes or dates, you understand that those are 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), Company will use reasonable good faith efforts to contact you. If Company cannot contact you or you no longer wish to receive the product, Company will cancel the order and promptly refund the amount paid. Company may reject orders where the stated delivery address is outside the United States, unless otherwise specifically stated on the Website.
Sales Tax. Depending on your jurisdictions of residence (including the United States), 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. Company is required to follow the rules of each state/jurisdiction. Your final order total will include the appropriate state and local taxes.
Payment Information. In ordering products through the Website, 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 which is yours or which you are authorized to provide. 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 Company, or for any other reason that we, in our sole discretion, deem appropriate.
International Orders. Company may not directly sell certain Company products in any jurisdiction other than the United States of America and certain select countries. While 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:
We offer a Money Back guarantee on all products purchased through our Website, unless a product is specifically marked as "Final Sale." Your guarantee comes into effect on the day your Product is shipped from our fulfillment center, and expires ninety (90) days after the shipping date. For cosmetic products, the guarantee period is sixty (60) days from the shipping date. You must return the product to us in order to get a refund.
To initiate your return, please submit the online form here or contact our Customer Care Team to determine your eligibility. If you are within the Money Back guarantee period, you will receive a return authorization number ("RA #") and shipping instructions for your return. You will be solely responsible for any shipping charges associated with returning the product(s), and such charges will not be reimbursed or refunded to you under any circumstances. Your refund will be processed once your returned product(s) has arrived at our shipping facility.
Refunds will be issued only for products originally purchased through our Website and returned in compliance with this policy. If your return shipment includes products not purchased directly from us — including those purchased from unauthorized third parties or other merchants — those products will not be eligible for a refund.
If any counterfeit products are included in your return, your entire return will be deemed invalid and no refund will be issued. We reserve the right to retain such products for investigation and enforcement purposes.
You must include your RA # with your return shipment in order for us to process your refund. Any shipments that do not contain a RA # will NOT be refunded and will be destroyed.
To contact our Customer Care Team:
Phone: 1-800-347-1558
Email: support@citybeauty.com
Mon-Fri 6AM-5PM Pacific Time
Sat-Sun 6AM-4PM Pacific Time
Coupons and promotional codes provided to you are for your individual use only. You may not transfer, reproduce, trade, sale, offer for sale, publish or otherwise share the Company coupons and promotional codes unless the terms of the coupon or promotional code expressly allow you to do so. We reserve the right to cancel orders when we have reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud. We reserve the right to terminate a coupon or promotional code offering at any time and set expiration dates for such offers at any time and in our sole discretion. Coupon and promotional codes are not valid on prior purchases. Coupons and promotional codes are valid only for purchases made on our official Website and may not be redeemed at third-party retailer stores or websites, unless otherwise specified in the offer.
When you access, use the Website, send e-mails to us, and/or receive electronic communications from us, you are, and consent to, communicating with the Company electronically. We may communicate with you by e-mail or by posting notices through the Website. You agree that all notices, disclosures, agreements, policies, and other communications that the Company provides to you electronically satisfy any requirement that such communications be in writing.
From time to time, you and other users of this Website may have an opportunity to submit, send, post, upload, publish, and/or otherwise transmit or modify (collectively, "Submissions") ideas, concepts, testimonials, information, data, text, photographs, graphics, videos, music, sound, sound clips, messages, questions, comments, feedback, suggestions, advertising and/or promotional materials or events, facts, advice, tips, opinions, know-how, and other materials to us, either directly or through our partners (collectively, "User Content"). By sending any Submission of any User Content to or through the Website, you grant us and our affiliates a non-exclusive, royalty-free, fully paid, perpetual, irrevocable, unrestricted, fully transferable, assignable, and sub-licensable right and license (directly and indirectly through multiple tiers) to use, reproduce, copy, modify, adapt, improve, publish, translate, create derivative works from, distribute, commercialize, perform, display, broadcast, transmit, manufacture, market, and otherwise exploit such User Content (in whole or in part), and any ideas, concepts, or know-how contained therein, in any form, media, or technology now known or later developed, throughout the world for any purpose whatsoever, including advertising, promotional, commercial, and/or product development purposes, without any further consent by you or notice, acknowledgement, attribution, credit, or compensation to you and/or any third parties.
We are under no obligation to maintain any User Content in confidence; to pay any compensation to you or any third party for any User Content; or to respond to any User Content. We and our affiliates also have the right, but not the obligation, to use your username, and your real name, image, likeness, city and state, or other identifying information (if provided in connection with your User Content) in connection with any broadcast, print, online, or other use or publication of such User Content.
By submitting any User Content, you represent and warrant that (a) you own or otherwise control any and all rights in and to the User Content; (b) the User Content is accurate and does not violate Agreement; (c) our use, posting, or other exploitation of the User Content will not infringe or violate the rights of any third party in any manner, including any privacy, publicity, copyright, contract, intellectual property, or other proprietary rights; and (d) you shall remain solely responsible for your User Content. We are not responsible or liable to you or to any third party in any way for the content, completeness, accuracy, or reliability of any User Content or any third-party content, including but not limited to any errors or omissions in any content (including User Content) or for any loss or damage of any kind incurred as a result of the use of any such content. We have the right, but not the obligation, in our sole discretion, to monitor, edit, or remove any activity or content, or to take legal action against you or any third party responsible for such content.
The Website may provide links to other websites or resources, including advertisers, over which 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 may access, view and use such website links, including the content, items or services on those websites, but solely at your own risk. Company makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that 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. 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.
We are proud to offer some products on a subscription basis for your ultimate convenience. If a subscription plan is available for a product, you may choose to receive 1 or more units of that product on a recurring basis.
You may also be able to choose how often you want to be billed for and receive your recurring shipments. For example, most subscriptions recur every 30 days, so you will be billed for and shipped your next order approximately 30 days after the date your previous order was placed. If you would like to change the frequency of your shipments, you may do so on our Website by creating an account, by calling customer service at 1-800-347-1558 or sending them an email at support@citybeauty.com.
When you enroll in a subscription plan, you acknowledge and agree that you will be billed for and receive recurring orders of a product, in the amount and frequency selected by you. The credit card or debit card you used to enroll in the subscription plan will be billed on a recurring basis according to the shipment frequency selected by you. All charges will be made under the name "City Beauty". You hereby expressly authorize Company to charge your credit card or debit card on a recurring basis according to the shipment frequency selected by you, and hold Company harmless for any responsibility or liability for any overdraft charges or fee you may incur from your card issuer or bank for insufficient funds or any other associated fees related to the recurring billing. You acknowledge and agree that Company will not obtain additional authorization from you for each recurring charge after you enroll in the subscription plan.
After you enroll in a subscription plan, you will receive an order confirmation that contains information about your subscription plan and how to cancel your subscription. Your subscription will continue unless you cancel — which you may do at any time. There is no purchase minimum or commitment to purchase, and there are no early cancellation fees.
You may customize your subscription to meet your needs, update billing info, or view and track your orders through the Website by creating an account. Alternatively, you can contact our customer service agents via phone or email for any assistance or to cancel your subscription.
You may be required to register for an account with us in order to use certain features of the Services. If you elect to take advantage of such features, you must register by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Services or participate in certain features of the Services. You agree to: (a) provide true, accurate, current and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Services permit such updates; (c) use limited-access portions of the Services only using access credentials that we have issued to you; and (d) exit your account at the end of each session in which you have logged-in to the Services.
You must maintain the confidentiality of any access credentials that we issue to you and may not share them with any other person. You must notify the Company immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.
From time to time we may offer contests, sweepstakes and promotions. Additional terms and conditions will apply to your participation in each contest, sweepstakes or promotion.
This Website and Services, including articles and other text, photographs, images, illustrations, graphics, video material, audio material (including musical compositions and sound recordings), software, logos, trademarks, tradenames, titles, characters, names, graphics and button icons, excluding User Content (collectively, "Proprietary Material"), are protected by copyright, trademark and other laws of the United States, as well as international convention and the laws of other countries. The Proprietary Material is owned or controlled by the Company or by other parties that have provided rights thereto to us.
Except as otherwise provided in these Terms or with our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, methods, or process now known or later developed. All rights not expressly granted herein are reserved by the Company.
If you are a copyright owner or an agent thereof and believe that any User Content or other content on this Website infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Our designated Copyright Agent to receive notifications of claimed infringement is:
DMCA Agent
c/o City Beauty Legal Department
3029 N. Hollywood Way
Burbank, CA 91505
Email: support@citybeauty.com
For clarity, only DMCA notices should go to the Copyright Agent listed above. Any feedback, comments, requests for technical support, questions about Services, and other communications should be directed to our customer service department. You acknowledge that if you fail to comply with each of the notice requirements set forth above, your DMCA notice may not be valid.
After receiving a notification of infringement, we will process and investigate the claim and take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to (i) any material claimed to be infringing or claimed to be the subject of infringing activity, and (ii) any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps to promptly notify the submitter that we have removed or disabled access to such material.
If User Content provided by you was removed (or to which access was disabled), and you believe such User Content is not infringing or that you otherwise have authorization to post and use the content in your User Content, you may send a written counter-notice to the Copyright Agent listed above, containing the following information:
]If a proper counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that we will replace the removed content or cease disabling access to it within ten (10) business days. Unless our Copyright Agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, within fourteen (14) business days after the Copyright Agent's receipt of the counter-notice, at our sole discretion.
WE (INCLUDING OUR PARENT AND AFFILIATE COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, CONTRACTORS, LICENSORS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS AND EMPLOYEES (COLLECTIVELY, THE "RELATED PARTIES")) PROVIDE THE WEBSITE AND SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE SERVICES, INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE AND OUR RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. FURTHER, NEITHER WE NOR OUR RELATED PARTIES HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING TO OR USING THIS WEBSITE. THEREFORE, WE DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.
By using this Website or any of the Services, you agree to defend, indemnify, and hold us, our parent companies, subsidiaries and affiliates, and each of our and their respective managers, members, officers, directors, affiliates, employees, contractors and suppliers harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including attorneys' fees and expenses, arising from or in connection with Your Use of this Website, any of the Services, the uploading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any Proprietary Material, or any violation by you of these Terms, our Privacy Policy or any other policy posted from time to time on this Website applicable to Your Use of this Website or any of the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses. This indemnification obligation will survive the termination of these Terms and your misuse of the Website.
You expressly understand and agree that under no circumstances will Company or the Related Parties be liable for any indirect, special, incidental, punitive, consequential or exemplary damages in connection with Your Use. 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 arising from Your Use of, inability to use, or reliance upon the Website, its content or any product advertised or sold on the Website. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, injury, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. In the event of any issue with a product purchased through the Website, your exclusive remedy is a return or refund in accordance with our posted policies. For all other claims arising from your use of the Website or its content, Company's total liability shall not exceed the greater of (a) the amount you have paid to Company in the three (3) months immediately preceding the effective date of such damage, loss or cause of action, or (b) one hundred U.S. dollars (U$100).
Because some jurisdictions (including the state of New Jersey) prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you or be enforceable with respect to you, and if you are a user from such jurisdiction, the foregoing sections titled "Disclaimer of Warranties" and "Limitation of Liability" are intended to be only as broad as is permitted under the laws of such jurisdiction. If any portion of these sections of the Terms is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the remainder of the Terms.
In the event of any problem with the Website or the Services, you agree that your sole remedy is to cease using the Website and the Services. In the event of any problem with products that you have purchased through the Website, you agree that your sole remedy, if any, is to seek a return and refund for such products in accordance with the policies posted on the Website. You further agree that any cause of action or claim that you may have with respect to Your Use of the Website or any content or products obtained, purchased, or downloaded from the Website must be commenced no later than one (1) year after the event giving rise to the claim or cause of action.
We do not endorse and are not responsible for the accuracy or reliability of any opinion, information, advice or statement on the Website. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through use of any Services advertised or sold on the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content on the Website.
PLEASE READ THIS SECTION CAREFULLY – IT APPLIES TO ALL USERS OF THE WEBSITE AND/OR SERVICES. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.
Informal Dispute Resolution Procedure. If a Dispute (as that term is defined below) arises between you and Company, we are committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following email address: support@citybeauty.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a detailed description of the nature or basis of the claim or dispute; the specific relief sought; why you believe you are entitled to such relief; and proof of your relationship with Company.
You and Company agree, following receipt of the written description, to negotiate in good faith about the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the properly submitted written description of the Dispute, you and Company agree to the further Dispute resolution provisions below.
The parties are strongly encouraged, though not required, to engage in a good faith effort to resolve any dispute through the aforementioned informal dispute resolution process, including direct personal involvement by each party, prior to initiating any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as expressly provided herein) subject to the terms set forth below and the National Arbitration and Mediation ("NAM") rules. If you are initiating arbitration, a copy of the demand shall also be emailed to support@citybeauty.com. If you are a Loyalty Rewards member, any demand initiating arbitration, whether filed by you or Company, must include the email address you used to register with Company.
You agree that by using the Website and/or Services in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the Company arising out of, relating to, or connected in any way with Company's Website and/or Services or the Agreement, including the determination of the scope, enforceability, or applicability of this Arbitration Agreement (as defined below), including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) ("Dispute") will be resolved exclusively by final and binding arbitration in accordance with this Section ("Arbitration Agreement").
FOR THE AVOIDANCE OF DOUBT, THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT. THIS DELEGATION OF AUTHORITY TO THE ARBITRATOR IS INTENDED TO BE COMPREHENSIVE AND APPLIES EVEN IF A PORTION OF THIS ARBITRATION AGREEMENT IS OTHERWISE FOUND UNENFORCEABLE.
This Arbitration Agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the subsection entitled "30-Day Right to Opt Out" and the sub-section entitled "Changes" set forth herein. If you accept this Arbitration Agreement, then any previous arbitration agreement you had with Company is superseded and any Disputes, regardless of when they arose, will be subject to the provisions of this Arbitration Agreement. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16.
Notwithstanding the parties' decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court's jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a complaining party has satisfied the Informal Dispute Resolution Procedure described in the sub-section entitled "Information Dispute Resolution Procedure" above (including whether the written description contained all required information), a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
Class Arbitration and Collective Relief Waiver. YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THE SUBSECTION ENTITLED "BATCH ARBITRATION" BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM, UNLESS COMPANY PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.
Arbitration Rules. The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer, and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation's Commercial Dept at commercial@namadr.com.
Arbitration Location and Procedure. The arbitration shall be held in Los Angeles, California. The arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.
If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Company (and each of the parties' authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Company ("Mass Filing"), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with the allowance that multiple batches may be filed, processed, and adjudicated simultaneously, with reasonable administrative staging if necessary for efficient management of such proceedings (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Company and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Company and the arbitration provider to implement such a "batch approach" or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This "Batch Arbitration" provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Company otherwise consents in writing, Company does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this sub-section entitled "Batch Arbitration". If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
The parties agree that this Batch Arbitration provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the Batch Arbitration provision in this sub-section entitled "Batch Arbitration" is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Company shall be entitled to arbitrate any claim that is a part of the Mass Filing.
Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a NAM mediator selected from an initially proposed group of 5 mediators, with Company and the remaining claimants' counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Company, the mediator and the remaining claimants will have 90 days (the "Mediation Period") to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Company or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Company nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt out of arbitration under this sub-section shall not be construed as opt out of the sub-section entitled "Class Action Waiver, Jury Trial Waiver, and Applicable Law" below. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
Arbitrator's Decision. The arbitrator's decision shall be controlled by the terms and conditions of the Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Website and/or Services. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the "Limitation of Liability" section of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable.
No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute, except to preclude the same or similar claims from being re-arbitrated between the same parties. Attorneys' fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.
Fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay any filing and hearing fees in in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys' fees) may be imposed upon you consistent with the Arbitrator's Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement.
The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM's Rules where it deems appropriate (including as specified in the sub-section entitled "Batch Arbitration" provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
Waiver. EXCEPT AS DESCRIBED IN THE "BATCH ARBITRATION" SUBSECTION, NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. Except as described in sub-section entitled "Batch Arbitration", class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren't allowed.
Thirty (30)-Day Right to Opt-Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to support@citybeauty.com with the subject line, "ARBITRATION OPT-OUT". The notice must be sent within thirty (30) days of 08/19/25 or your first use of the Website and/or Services, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, Company also will not be bound by it. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Company, unless you had opted out of that clause as well. You agree that, if at some point in the future Company removes this Arbitration Agreement, restoring the right to proceed in court, no opt out from that change is required. Company will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Agreement pursuant to the requirements set forth in that version. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these "Dispute Resolution" provisions by you and Company.
Severability. If any part of this this "Mandatory Arbitration" Section is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). Notwithstanding the foregoing, if for any reason the sub-section entitled "Class Action Waiver, Jury Trial Waiver, and Applicable Law" set forth below or in the sub-section entitled "Batch Arbitration" cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. However, if a court decides that applicable law precludes enforcement of any of this section's limitations as to a particular claim for relief or remedy (such as declaratory or injunctive relief), then that claim or remedy (and only that claim or remedy) must be severed from the arbitration and must be brought in the state or federal courts located in Los Angeles County, California, while the remaining claims and remedies (such as individual damages or restitution) will still be resolved through binding arbitration.
Survival. The Arbitration provision, including the Class Action Waiver, shall survive the termination of this Agreement and the fulfillment or cancellation of any orders.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING.
To the extent not prohibited by applicable law that cannot be waived, the parties hereby waive and covenant that they will not assert (whether as a plaintiff, defendant, or otherwise), any right to trial by jury in any action arising in whole or in part under or in connection with these Terms, whether now existing or hereafter arising, and whether sounding in contract, tort, or otherwise. The parties agree that a copy of this paragraph may be filed with any court as written evidence of the knowing, voluntary, and bargained for agreement among the parties to irrevocably waive their right to trial by jury in any proceeding whatsoever between them relating to these Terms, and that such proceeding will instead be tried in a court of competent jurisdiction by a judge sitting without a jury.
These Terms, and any disputes arising out of or relating to your use of the Website or any product or service obtained through it, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
Under California Civil Code Section 1789.3, California consumers are entitled to the following consumer rights notice: The provider of the Website is City Beauty, located at 3029 N. Hollywood Way, Burbank, CA 91505. For questions or complaints regarding the Website, please send a letter to the above address or send an email to support@citybeauty.com with "California 1789.3 Inquiry" in the subject line, or call 1-800-347-1558. California consumers may reach the Division of Consumer Services of the California Department of Consumer Affairs (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD).
It is the express wish of both you and us that these Terms and all related documents be drawn up in English.
These Terms, together with the Privacy Policy incorporated herein by reference and any policies that we post on the Website and Services, constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us with respect to such subject matter. If any provision of these Terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of each of you and us.
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Both you and us acknowledge that these Terms express your and our entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either you or us to the other except such as are expressly set forth herein. Both you and us agree that these Terms shall be interpreted as though co-drafted by both you and us and any rules of contract interpretation favoring one party over the other shall be disregarded. These Terms shall be binding upon and inure to the benefit of each of you and us, and our and your respective successors and permitted assigns. You may not assign your rights or obligations under these Terms at any time.
Captions and section headings used in these Terms are for convenience only. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither you nor us have any authority of any kind to bind the other in any respect. Any specific right or remedy provided in these Terms shall not be exclusive but shall be cumulative upon all other rights and remedies set forth these Terms and allowed under applicable law.
Your Use of this Website, and any of the Services may also be subject to other local, state, national, and international laws. We make no representation that any Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws.
When used in these Terms, the word "including" shall be deemed to be followed by the phrases "but not limited to" or "without limitation".
If you have any questions or comments about these Terms or the Site, please contact us by:
Email: support@citybeauty.com
Phone: 1-800-347-1558
Mon-Fri 6AM-5PM Pacific Time
Sat-Sun 6AM-4PM Pacific Time
Last amended: August 19, 2025
