KVD BEAUTY TERMS OF USE

Effective Date: September 17, 2023

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN A CLASS ACTION WAIVER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

     1. INTRODUCTION

          These are the Terms of Use (“Terms of Use” or “Agreement”), combined with our Privacy Policy (https://kvdveganbeauty.com/pages/privacy-policy), govern your use of services or features on the website(s) owned or controlled by KVD Beauty LLC, and its affiliates (“Company” or “We” or “Us”), including kvdveganbeauty.com, and your purchase of any products or use of any services provided by Us (the “Products”). We may add additional websites from time to time, and these Terms of Use will govern those new websites when added (collectively with kvdveganbeauty.com, the “Website”). You may be accessing the Website from a computer or mobile phone device (through an iPhone or Android mobile application, for example) and these Terms of Use govern your use of the Website and your conduct, regardless of the means of access.

          The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country/region where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country/region. You access the Website at your own risk. You are solely responsible for your compliance with local laws, if and to the extent local laws are applicable.

          All users who are minors in the jurisdiction in which they reside are not permitted to use the Website.

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE, OUR PRIVACY POLICY AND ALL OTHER POSTED GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU MUST CEASE AND IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.

     2. INTELLECTUAL PROPERTY RIGHTS

          2.1  Company Content and Marks. The content on the Website, including all features, materials, text, logos, software, scripts, data, graphics, photographs, sounds, music, videos, and interactive features (“Company Content”) and the trademarks, service marks and logos on the Website and the Products (“Marks”) are owned by or licensed to Company or its affiliates, and are subject to copyright, trademark, trade dress, patent, trade secret and other intellectual property rights under United States, Canada and foreign laws and international conventions. You may access and use Company Content, the Marks, the Website, and the Products only as permitted under these Terms of Use and Privacy Policy. No right, title, or interest in or to the Company Content or the Marks is transferred to you. Company has granted you a limited license to access and use the Website solely for your personal, non-commercial purposes.

          2.2  Prohibited Uses. Company Content and the Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Company Content, the Marks, software, products or service contained on the Website without the prior written consent of us or the respective owners or licensors. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein. You agree to use the Marks and any intellectual property on the Website only for your personal, non-commercial use. The modification, reproduction, transmission, distribution, dissemination, selling, publication, broadcasting or circulation this material is strictly prohibited. We reserve all rights not expressly granted in and to Website, Products, Company Content, and the Marks.

          2.3  Your license to us. We may invite you to submit Product reviews, chat or participate in blogs, online forums and other interactions with the Website and other users, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Company and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Company will be treated as non-confidential and non-proprietary and may be freely shared with third-parties.

          By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your name, image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Company has the right, in our sole and absolute discretion, to (i) remove, edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

     3. PRODUCT INFORMATION

          3.1  Shipping and Pricing. The Products displayed on the Website can be ordered and delivered only within the United States and select countries. See the Shipping Information section of the Website for more information. All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S.

          3.2  Personal Cosmetic Use Only. All material and information presented by Company is intended to be used for personal or informational purposes only. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements on the Website and Products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. The Products are not intended to be used on minors without prior discussion with the minor’s doctor and under the supervision of the minor’s parent or legal guardian.

          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 Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website 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. Company does not give or intend to give any answers to medical-related questions. Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

          3.3  Resales Prohibited. The Products available on the Website, including any samples Company may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Company. Company 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 this Agreement, as determined by Company in its sole discretion.

          3.4  No Guarantee Of Color. While Company has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

     4. PURCHASES; PAYMENT

          Company will bill you through an online billing account for purchases of Products. You agree to pay Company all charges at the prices then in effect for the Products You or other persons using your account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.

     5. RETURNS AND EXCHANGES

          Please review the Return and Exchanges policy posted on the Website (https://kvdveganbeauty.com/pages/returns-exchanges) prior to making any purchases. The Return and Exchanges policy is expressly incorporated into these Terms of Use.

     6. MOBILE SERVICES

          Please be aware that if you access the Website via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will apply.

     7. THIRD PARTY CONTENT AND THIRD PARTY SITES

          7.1  No Representations Or Warranties Regarding Third Parties. We may interact with you on third party websites where we post content or invite your feedback, such as Facebook, Instagram, Twitter and YouTube ("Third Party Sites"). Company does not control those Third Party Sites. References on our Website to Third Party Sites, marks, names, products, or services, or link to Third Party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products or services.

          Company does not monitor, approve or control any Third Party information that it links to (“Third Party Content”) or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Company and such third party.  

          You use Third Party Content and Third Party Sites at your own risk. You should always check the terms of use and privacy policies posted on Third Party Sites. Company does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Company is not responsible for updating or reviewing Third Party Content or Third Party Sites. Third Party Content, including comments from third party users submitted to Company, do not reflect the views of Company.

          7.2  Company reserves the right, at any time and for any reason not prohibited by law, to deny permission to anyone linking to the Website.

     8. YOUR REPRESENTATIONS AND WARRANTIES TO US

          8.1  By using the Website, you represent and warrant that:

  • All information you submit is truthful and accurate;
  • You will maintain the accuracy of account information that you provide to Us;
  • You will keep your password confidential and will be responsible for all use of your password and account;
  • You are not a minor in the jurisdiction in which you reside; and
  • Your use of the Website does not violate any applicable law or regulation.

          When you create or make available a Contribution, you represent and warrant that:

  • The creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and users of the Website to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
  • You have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
  • Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
  • Your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors;
  • Your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
  • Your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
  • You have not used a false e-mail address, pretended to be someone other than yourself, or otherwise misled Company or third parties as to the origin of any Contribution.

          8.2  We reserve the right, but undertake no obligation, to remove Contributions that violate these Terms of Use or otherwise in our discretion to remove or edit any Contributions at any time for any reason without prior notice to you.

          8.3  We reserve the right, but undertake no obligation, to remove or reclaim or change a username you select if we determine in our discretion that it is inappropriate, such as when the username is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.

     9.  PROHIBITED ACTIVITIES

          You may not access or use the Website for any purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

  • Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
  • Attempting to impersonate another user or person or using the username of another user;
  • Criminal or tortious activity;
  • Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
  • Deleting the copyright or other proprietary rights notice from any Website content, Company Content, the Marks, or the Products;
  • Using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software on the Website;
  • Harassing, annoying, intimidating or threatening any Company employees or agents;
  • Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
  • Making any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • Selling or otherwise transferring your user profile;
  • Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
  • Tricking, defrauding or misleading Company and/or other users, especially in any attempt to learn sensitive account information such as passwords;
  • Using any information obtained from the Website in order to harass, abuse, or harm another person;
  • Using the Website or data or other content from the Website as part of any effort to compete with Company or to provide services; and/or
  • Using the Website in a manner inconsistent with any and all applicable laws, regulations, and these Terms of Use.

     10.  PRIVACY POLICY

          By using the Website, you are consenting to the terms of our Privacy Policy. Please review Company’s PRIVACY POLICY.

     11.  INTELLECTUAL PROPERTY NOTICES

          If you believe that your work or content has been copied and posted to the Website in a way that constitutes copyright infringement, please provide Company’s Designated Copyright Agent with the following information in accordance with the Digital Millennium Copyright Act (the “DMCA”), 17 U.S.C. § 512(c)(3).

  • 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 Website;
  • 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 owner or are authorized to act on the copyright owner's behalf.

          A copy of your notification will be sent to the person who posted the material addressed in the notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a DMCA notification. Accordingly, if you are not sure that the content at issue infringes your copyright, you should consider first consulting an attorney.

Notifications should be sent to our Designated Copyright Agent as follows:

Designated Copyright Agent
General Counsel
Kendo Holdings, Inc.
425 Market Street, 19th Floor
San Francisco, CA 94105
Email: LEGALDEPARTMENT@KENDOBRANDS.COM.
Phone: (415) 284-6000

     12.  RESERVATION OF RIGHTS

          Company reserves the right, at any time, without notice and in its sole discretion, but undertakes no obligation, to terminate your license to use the Website and to block or prevent your future access to and use of the Website.

          Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Company (and its employees), its users and the public.

            We further reserve the right in our sole discretion, but undertake no obligation, to:

  • Monitor the Website for violations of these Terms of Use and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
  • Refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Company policy;
  • Remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
  • Limit the volume of Products available for purchase;
  • Manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website; and
  • Disable the account of any user and/or make the Website inaccessible to any user who violates these Terms of Use.

          Company reserves the right, but undertakes no obligation, to take any of the actions listed above with no notice and liability to you.

     13.  DISPUTE RESOLUTION     

          If a dispute should arise between you and Company, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 1-844-500-5832 or by sending an email to CUSTOMERSERVICE@KVDVEGANBEAUTY.COM.

          If your dispute cannot be resolved using our customer service team, then these Terms describe how we shall proceed with the resolution of the dispute.

     14.  FORUM SELECTION; STATUTE OF LIMITATIONS

          14.1  Statute of Limitations. You and We agree that if any claim or cause of action arising out of or relating in any way to the Website, the Products, or these Terms of Use has a statute of limitations in excess of two years, such claim or cause of action must be filed within two years after the claim or cause of action accrued or it will be forever barred.

          14.2  Forum. You and We agree to submit to the exclusive jurisdiction of any state or federal court located in San Francisco, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts for any claim or cause of action arising out of or relating in any way to the Website, the Products, or these Terms of Use.

     15.  CLASS ACTION WAIVER

          TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. 

     16.  DISCLAIMER OF WARRANTIES

          COMPANY IS PROVIDING THE WEBSITE AND ITS CONTENTS ON AN "AS-IS" AND “AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY OPERATING THE WEBSITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTENT AVAILABLE ON OR LINKED TO BY THE WEBSITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE ANY OTHER CONTENT TO BE ACCURATE, USEFUL, NON-HARMFUL, ERROR OR MALWARE-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, OR THAT THE WEBSITE AND PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR THE PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE PRODUCTS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.

     17.  DISCLAIMER OF LIABILITY

          TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT AND LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE OR THE PRODUCTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE PRODUCTS AND THESE TERMS OF USE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED US $50. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.

     18.  Indemnity

          You agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the Website, the Products, or any violation of these Terms of Use, as applicable. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from our own negligent conduct.

     19.  FRAUD PROTECTION PROGRAM

          As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. WE MAKE NO REPRESENTATION OR WARRANTY THAT THIS SCREENING WILL BE ACCURATE OR PROTECT YOU FROM LOSSES CAUSED BY A THIRD PARTY. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

     20.  ENGLISH LANGUAGE

          It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C'est la volonté expresse des parties que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

     21.  E-GIFT CARDS

          The E-Gift Cards issued by KVD Beauty are non-exchangeable and non-refundable, and do not expire. The E-Gift Cards do not have cash value and may not be exchanged or redeemed for cash except as required by law. We reserve the right to correct the E-Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You agree that we may deactivate, cancel or suspend any E-Gift Card if we suspect fraud, unlawful activity or improper E-Gift Card use. We also reserve the right to change these terms and conditions, from time to time at our discretion. Your continued use of an E-Gift card constitutes your acceptance of the changes. 

     22.  MOBILE MESSAGING TERMS AND CONDITIONS

          If you have opted-in to receive promotional offers or transactional correspondence from us sent to your mobile device, we may send you a text message with such communications to the mobile number you provided to us. You may opt-in to receive such messages by joining KVD Beauty and texting YUP to the following short code 98690. Message frequency may vary.

          The mobile messaging program KVD Beauty are SMS messages that notify customers of special offers, sales and events from KVD Beauty. By subscribing, you agree to receive marketing messages via automated technology to the mobile number used at the time of opt in. Consent is not required as a condition of purchasing any goods or services. In the event that you change or deactivate your mobile number, it is your responsibility to notify KVD Beauty at 1-844-500-5832 to have your number removed. The mobile carriers are not liable for delayed or undelivered messages.

          Message and data rates may apply. Depending on your text plan, you may be charged by your carrier.

          At any time, you can text "STOP" to 98690. This will prevent you from receiving any future text messages from KVD Beauty.

          At any time, you can text "HELP" to 98690. You may also call us at 1-844-500-5832 or contact us at CUSTOMERSERVICE@KVDVEGANBEAUTY.COM.

     23.  SEVERABILITY

          If any provision of these Terms of Service is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.

     24.  NOTICE TO NEW JERSEY USERS.

          Notwithstanding any terms set forth in these Terms of Use, if any of the provisions set forth in paragraphs 16 and 17 are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you but the rest of these Terms of Use shall remain binding on you and us. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Use, nothing in these Terms of Use is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

     25.  NOTICE TO CALIFORNIA USERS.

          Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Website or the Products, please send an email to CUSTOMERSERVICE@KVDVEGANBEAUTY.COM.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.

     26.  CONTACT INFORMATION AND CONSENT TO COMMUNICATIONS.

          If you have any questions about these Terms of Use or your account, please contact us at CUSTOMERSERVICE@KVDVEGANBEAUTY.COM.  By providing us with your email address, postal address, or phone number, you are agreeing that we or our agent may contact you at that email address, postal address, or number (including by text message) in connection with the Website, the Products, or our agreements with you and in accordance with our Privacy Policy.

     27.  UPDATES.

          If we make material changes to the Terms of Use, we will post them on our Website and email them to you at any email address you have provided to us at least 30 days before they take effect. If you do not agree with the proposed changes, you should discontinue your use of the Website prior to the time the new Terms of Use take effect. If you continue using the Website after the new Terms of Use take effect, you will be bound by the new Terms of Use.

     28.  TERMINATION.

          You and we are entitled to terminate this contract at any time. You may do so by providing us written notice at the email address provided in paragraph 27. We can reduce, change and stop the Website and the availability of the Products in any way in parts and entirely at any time. There is no right to a specific Website or Products or to an unlimited availability or accessibility of the Website or the Products. We do not undertake any obligation to provide the Website or the Products to you. Any suspension or termination of your access to the Website or this agreement shall not affect provisions of these Terms of Use, such as indemnification, limitations of liability, disclaimer of warranty, that are by their nature intended to survive such suspension, termination, or cancellation.

 

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