Terms of Use
These Terms of Use are effective as of May 1, 2021.
Welcome to Integra!
These are the terms of use ("Terms of Use") for your use of services or features(the “Services”)on the site owned and controlled by Integra Beauty, Inc. ("Integra"), including www.IntegraBeautyinc.com(the "Sites"). We may add additional Sites from time to time as we expand our offerings and these Terms of Use will govern those new Sites when added.You may be accessing our Sitesfrom a computer or mobile phone device and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.
Please also review our Privacy Policy and the other terms and policies you may find throughout our Sites in connection with certain functionality, ordering information or promotions. By accessing or using the Sites, you are acknowledging that you have read, understand, and agree to be bound by these Terms ofUse, and the other guidelines, policies and terms posted on the Sites.
Integra reserves the right to change or modify any of the terms contained in the Terms of Use from time to time at any time, without notice, and in its sole discretion. If Integradecides to change these Terms of Use, Integrawill post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of or access to our Sites or the Services following the posting of any changes to them constitutes acceptance of those changes.For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the Terms of Use that apply to your use of the Sites.
- Binding Contract
These Terms of Use form a legally binding contract between you and us. Please read these Terms of Usecarefully before accessing or usingthe Sites. By accessing or using the Sites, you are acknowledging that you have read, understand, and agree to be bound by these Terms of Use, and the other guidelines, policies and terms posted on the Sites.
Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant Services, and those additional terms will become part of these Terms of Use when you use those Services.Any new features or products which are added to the current store shall also be subject to the Terms of Use.
We also like to interact with you on third party sites where we post content or invite your feedback, ("Third-Party Sites"). Integradoes not control those Third-PartySites, and these Terms of Use do not apply to companies that Integradoes not own or control, or to the actions of people that Integradoes not employ or manage. You should always check the terms of use posted on Third Party Sites.
- Intellectual Property
Integra, the Integra logo, and other Integratrademarks, service marks, graphics and logos used in connection with the Servicesare trademarks or registered trademarks of Integraor other affiliated companies of Integra (collectively the “Integra Marks”). Other trademarks, service marks, graphics and logos used in connection with the Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The Integra Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Integra or the applicable trademark holder. The Services and Content (as defined herein) are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Integra or the owner of the Content.
Use of any materials on the Sites in connection with any product or service that is not offered by Integra in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Integra, is also prohibited.
You may not use any data mining, robots, or similar data gathering and extraction tools on the Sites or frame any portion of the Sites. You may not circumvent any mechanisms included in the Sites for preventing the unauthorized reproduction or distribution of the content or materials contained on the Sites.
- Accuracy of Information
While we make reasonable efforts to ensure the information provided on the Sites is accurate,we make no warranties about the accuracy and reliability of the information, data or content on the Sites. The content on the Sitesis provided for informational purposes only. Integrashall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Sites. See the “Disclaimer” Section below for more details.
- Proper Use of the Sites
You agree that you will use the Sites in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms of Useand may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Sites in order to (a) determine whether a violation of these Terms of Usehas occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
You may not use the Sites in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.
We may terminate the Servicesor any portion thereof, any website or webpage within the Sites or any products or services offered through the Sites, or terminate your right to access or use the Servicesor any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Service, and the restrictions imposed on you with respect to the Content and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.
- Comments, Feedback and Other Submissions
Integra welcomes your comments and feedback regarding the Sites, and Integraproducts and services. Any information, materials, suggestions, ideas or comments sent to us will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Integraan irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Integrawill not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
- Disclaimer of Warranties
INTEGRA IS PROVIDING THE SITES AND THEIR CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, OR CONTENT INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, INTEGRADISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, INTEGRADOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THESITES IS ACCURATE, COMPLETE OR CURRENT. INTEGRAWILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES.BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such toolsis” asis” and “as available” without any warranties, representations or Use of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Limitation of Liability
EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURINGA ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THE COST OF THE PRODUCT AT ISSUE.
INTEGRA, ITSAGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, 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. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
- Indemnification
You agree to indemnify, defend and hold Integra(and itsparents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Useor the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or any allegation thereof.This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites.
- Copyright Infringement Notices
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Integra’s designated copyright agent, listed below,thefollowing written information in accordance with the Digital Millennium Copyright Act (17 U.S.C. 512 et seq.): (the "DMCA"):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your name, address, telephone number and email address (if available); and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owneror are authorized to act on the copyright owner's behalf.
If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Integra’s designated agent for claims of copyright infringement can be reached at:
Copyright Agent
c/o Legal Department
Integra Beauty, Inc.
19867 Prairie Street
Chatsworth, CA 91311
E mail: legal@integreabeautyinc.com - Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively,the “Content").
For any Content that you submit, you grant Integraa worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Sites.
Subject to your compliance with this Agreement, Integrahereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Service and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the Services(collectively, the “Content”), solely for your personal, non-commercial use.
- Severability
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
- No Waiver
The failure of Integra to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term. Further, it shall not impact Integra’s ability to enforce any other provision in these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
- Agreement to Arbitrate Disputes; Class Waiver; Waiver of Trial by Jury
Please read this Section carefully. It is part of your contract with Integraand affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
All claims and disputes in connection with these Terms of Useor the use of any product or the Servicesprovided by Integrathat cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of thisSection. This Arbitration Agreement applies to you and Integra, and to any of Integra's licensors, suppliers, dealers or third-partyvendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms of Use.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Integra, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claimand shallhave the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Termsof Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Thearbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Integra.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONALAND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Integrain any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND INTEGRAWAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON ANINDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable that neither you nor Integraare entitled to arbitration,claims and disputes shall be resolved in a court located in Los Angeles County, California.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Integra, Attn: Legal Department, 19867 Prairie Street, Chatsworth, California 91311.The Opt-Out Notice must be emailed no later thanthirty (30)days after the date you first accept theseTerms of Use by using the Sites.If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to the terms contained in Section 21below.If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
This Agreement to Arbitrate will survive the termination of your relationship with Integra.
- Entire Agreement
These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Services and the Sites constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
- Governing Law and Venue
These Terms of Use are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California.
- Privacy and Data Protection
Integra is committed to protecting the privacy of your personal information. By using the Sites, you acknowledge and agree that Integra’s collection, usage and disclosure of this personal information is governed by our Privacy Policy. Questions about the Terms of Use should be sent to us at:legal@integrabeautyinc.com
You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term, your authorization to use the Servicesand Content automatically terminates without notice to you.
Questions about the Terms of Use should be sent to us at:legal@integrabeautyinc.com