Terms Of Use
1. Introduction
These Terms of Use (i) set out the terms between you and Free Agent, LLC, a California limited liability company, d/b/a Free Agent Skincare (“FREE AGENT”, “we”, “us”, or “our”) under which you may access and use our website freeagentskincare.com (“Site”); and (ii) incorporate the provisions set forth in our Privacy Policy which identifies how we process Personal Information we receive when you access and use our Site.
THESE TERMS OF USE ARE A BINDING LEGAL AGREEMENT. BY CLICKING “AGREE” OR ACCESSING OR USING OUR SITE YOU SPECIFICALLY ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY ENTITY, YOU ARE AGREEING TO THE TERMS OF USE ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF USE. REFERENCES TO “YOU” AND “YOUR” IN THESE TERMS OF USE WILL REFER TO BOTH THE INDIVIDUAL ACCESSING THE SITE AND TO ANY SUCH ORGANIZATION.
These Terms of Use REQUIRE all disputes between you and us will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below titled Dispute Resolution for the details regarding your agreement to arbitrate any disputes with us.
IF YOU DO NOT AGREE WITH ANY ELEMENT OF THESE TERMS OF USE, YOU SHOULD CEASE ACCESSING OR USING THE SITE IMMEDIATELY.
2. PRODUCT INFORMATION
All prices displayed on the Site are quoted in U.S. Dollars. If any minor uses any goods or products from FREE AGENT, it should be only after the legal or parental guardian has discussed the product with the minor’s doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FREE AGENT.
All material and information presented by FREE AGENT is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely an online store for specialty skincare and beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.
The products available on the Site, including any samples FREE AGENT may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from FREE AGENT. FREE AGENT reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by FREE AGENT in its sole discretion. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
Certain FREE AGENT products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy https://freeagentskincare.com/pages/return-exchange-policy.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. All features, content, specifications, products, colors and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. The actual color you see, however, will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Site at a particular time does not imply or warrant that those products or services will be available at any time. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Site by any visitor or customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or products is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on our Site, or any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Site should be taken to indicate that all information in the Terms of Use, or on any related Site information has been modified or updated.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
4. MODIFICATIONS TO PRODUCTS AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue products or services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6. Eligibility, Use Rights, Availability, Restrictions and Site Content.
- Eligibility. BY USING THE SITE, YOU REPRESENT AND WARRANT TO US YOU ARE AT LEAST THIRTEEN YEARS OLD.
- Use Rights. Our Site is available to you free of charge. Accordingly, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and use our Site as expressly permitted by these Terms and Use. Except for this limited license, we do not grant you any other rights or license. We reserve all rights not expressly granted herein. You or we may suspend or terminate your use of our Site at any time, for any reason or for no reason.
- Site Availability. You understand that from time to time the Site may be unavailable. For the avoidance of doubt, you are responsible for all third-party components or services necessary for you to have access to the Site. You are also responsible for ensuring all persons who access the Site through your Internet connection or devices are aware of and comply with these Terms of Use.
- Restrictions. You shall not: reproduce, duplicate, copy, sell, re-sell, or otherwise commercialize any part of the Site; access without authority, interfere with, damage, or disrupt any part of our Site or software or equipment or network on which the Site is stored; attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to our site; use the Site in any way that breaches any law or regulation; use the Site in any way that is unlawful or fraudulent, or has any unlawful, fraudulent, or intentionally misleading purpose or effect; transmit or cause the transmission of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation; transmit material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; transmit data, send, introduce, or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware, corrupted files, or any other harmful programs or similar computer code designed to adversely impact the operation of any computer software or hardware; attack our site via a denial-of-service attack or a distributed denial-of service attack; or use language that is hateful or discriminatory language based on race, color, sex, sexual orientation, religion, nationality, ethnicity, marital status, disability, age or is otherwise objectionable.
- Site Content. Our Site and all marks, logos, buttons icons, images, pictures, graphics, content used in connection with the Site (collectively referred to as “Site Content”) are protected under U.S. intellectual property laws, and are exclusively owned and controlled by us. YOU ARE PROHIBITED FROM USING, MODIFYING, REPUBLISHING, TRANSMITTING, DISTRIBUTING, OR DUPLICATING SITE CONTENT WITHOUT OUR EXPRESS WRITTEN PERMISSION.
7. Your Responsibilities
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which FREE AGENT controls and operates the Site and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
8. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
9. Submissions
Except where expressly provided otherwise by FREE AGENT, all information submitted to FREE AGENT through, in association with or in regard to the Site or any other FREE AGENT products or services ("Submissions") shall be considered non-confidential and FREE AGENT’s property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method FREE AGENT sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to FREE AGENT, you agree to assign to FREE AGENT, as consideration in exchange for the use of the Site, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant FREE AGENT these rights. FREE AGENT shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge you are responsible for the Submissions you provide, and that you, not FREE AGENT, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
FREE AGENT reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any FREE AGENT site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or Personal Information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including any FREE AGENT site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
10. Modifications of Site and These Terms of Use
We reserve the right, in our sole discretion, to discontinue, change, improve, or correct our Site including all Site content. Our Site may not be available during maintenance breaks and other times. We may also decide to discontinue our Site or any part thereof at any time in our sole discretion. You are responsible for regularly reviewing our Terms of Use and other applicable terms and notices. Continued access and use of our Site shall constitute your consent to such changes as of the “Last Revised” below.
Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site, which may be posted from time to time. Your continued use of the Site after any such changes and/or postings shall constitute your consent to such changes.
11. NOTICES AND DMCA
FREE AGENT may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in FREE AGENT’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in FREE AGENT’s account information. You may give notice to FREE AGENT at any time by letter sent by letter delivered by registered mail with return receipt to: 9815 Carmenita Rd. Suite H Whittier, CA. 90605, . All notices shall be deemed to have been given four days after mailing or 36 hours after sending by confirmed facsimile, email or posting to the Website. Furthermore, FREE AGENT complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to FREE AGENT’s designated agent via email at [email protected] or via registered US mail sent return receipt to: DMCA Compliance Agent, 9815 Carmenita Rd. Suite H Whittier, CA. 90605.
12. Third-Party Websites and Links
Links to Third-Party Websites. Our Site incorporates links to third party websites for your information only. Some third party websites may collect data or solicit personal information from you. We neither own nor control such third party websites and are not responsible for their content or actions (“Third-Party Websites”). Please read all applicable terms, conditions, and privacy policies of any Third-Party Website that may be linked to our Site. Your access and use of any Third-Party Website is at your own risk.
Links by Other Websites. You may link to the Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must also ensure that any link to the Site is up to date and functional. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
13. Privacy
We collect and use information about you and your use of the Site. Please review our https://freeagentskincare.com/policies/privacy-policy for more information.
14. Disclaimer of Warranties
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY FREE AGENT, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, FREE AGENT AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SITE, THE MATERIALS, AND THE PRODUCTS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF ANY KIND INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. FREE AGENT AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE SITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SITE AND/OR THE PRODUCTS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FREE AGENT AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER FREE AGENT NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. FREE AGENT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY FREE AGENT, THE SITE AND ANY PRODUCTS, SERVICES, OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS. YOU ASSUME THE ENTIRE RISK OF LOSS OF INFORMATION AND/OR DAMAGE DUE TO YOUR USE OF THE SITE. FREE AGENT EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF PRODUCTS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD-PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD-PARTY PROVIDERS AND SERVICES. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OFFER BY US OR OUR SERVICE PROVIDERS OR THIRD-PARTY PROVIDERS, ANY ACTION OR INACTION BY US, OUR SERVICE PROVIDERS OR THIRD-PARTY PROVIDERS OR OTHER SITE USERS, INCLUDING OUR, OUR SERVICE PROVIDERS OR THIRD-PARTY PROVIDERS OR OTHER USERS’ FAILURE TO COMPLY WITH THESE TERMS OF USE.
15. Limitation of Liability
YOUR USE OF OUR SITE IS ENTIRELY AT YOUR SOLE RISK.
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FREE AGENT EXCEED $1,000.00. IN NO EVENT SHALL FREE AGENT OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH, OR RELATED TO YOUR INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
16. Indemnification
You shall indemnify, defend and hold us and our employees, officers, directors, shareholders and agents harmless for any and all losses, costs, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) your breach of these Terms of Use; (ii) your use or misuse of the Site; (iii) your violation of any law or the rights of any third party; (iv) actions or inactions of other users of the Site; or (v) your use of Third-Party Websites
17. Applicable Law
California law governs all disputes or controversies arising under or relating to these Terms of Use or their subject matter, without regard to its choice of laws principles.
18. Dispute Resolution
We will work in good faith to resolve any issue you have with the Site working in accordance with the stated specifications we provide, if you bring that issue to the attention of our customer service department. However, we realize there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
In the interest of resolving disputes between you and FREE AGENT in the most expedient and cost-effective manner, you and FREE AGENT agree that ALL disputes arising out of or related to the Terms of Use and/or your use of the Site or any of FREE AGENT’s Services and products, whether based in tort, statute, fraud, contract, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and FREE AGENT. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FREE AGENT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
Exceptions to Arbitration Agreement. Notwithstanding the paragraph above, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if such an action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitration Process. If you desire to assert a claim against FREE AGENT, and you elect to seek arbitration, you must first send to FREE AGENT, by certified mail, a written Notice of your claim (“Notice”). The Notice to FREE AGENT should be addressed to: 9815 Carmenita Rd. Suite H Whittier, CA. 90605. If FREE AGENT desires to assert a claim against you and elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by FREE AGENT, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If FREE AGENT and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or FREE AGENT may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by FREE AGENT or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from JAMS at www.jamsadr.com. The arbitration will be administered pursuant to JAMS’ Comprehensive Arbitration Rules and Procedures or pursuant to JAMS' Streamlined Arbitration Rules and Procedures, as modified by these Terms of Use. The JAMS Rules and Forms are available online at www.jamsadr.com, by calling the JAMS at 1-800-352-5267, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Each party shall pay for its own costs and attorneys’ fees, if any.
No Class Actions. YOU AND FREE AGENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FREE AGENT agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Los Angeles, California.
19. Severability
In the event any provision of these Terms of Use is held invalid or unenforceable, the remaining portions shall continue in full force and effect.
20. Assignment and Delegation
Assignments. We may assign our rights under these Terms of Use for any reason, including a change of control or merger as a result of the transfer of assets. You may not assign any of your rights under these Terms of Use, except with our prior written consent. All assignments of your rights are prohibited under this section, whether they are voluntary or involuntary, by merger, consolidation, dissolution, operation of law, or any other manner. For purposes of this section, a “change of control” is deemed an assignment of rights, and “merger” refers to any merger in which you participate, regardless of whether you are a surviving or disappearing corporation.
Delegations. We may delegate our performance under this agreement freely. You may not delegate any performance under this agreement.
Effect of Purported Assignment or Delegation. Any purported assignment of rights or delegation of performance in violation of this section is void.
21. Integration
These Terms of Use represent the parties' entire understanding relating to the use of the Site and supersedes any prior or contemporaneous, conflicting, or additional communications.
22. Relationship of the Parties
No joint venture, partnership, employment, or agency relationship exists between FREE AGENT and you as a result of these Terms of Use or use of the Site.
23. Waiver
The failure of either party to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. Any and all rights not expressly granted herein are reserved by FREE AGENT.
24. Children
FREE AGENT does not accept Submissions from persons under the age of 13 (“Child” or “Children”). Furthermore, FREE AGENT does not accept any user who is a Child. You are ineligible to use this Site if you are under the age of 13. If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these Terms of Use for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants FREE AGENT all rights to utilize the copyright and image / likeness embodied therein as further enumerated in these Terms of Use.
25. Contact
To contact or notify us of any matter related to these Terms of Use, please use the following information:
Free Agent Skincare
9815 Carmenita Rd. Suite H Whittier, CA. 90605
1-562-735-4460
Last Revised: October 24, 2019.
Copyright © 2019 FREE AGENT, LLC. All rights reserved.