IMPORTANT! Please carefully read the following terms and conditions ("Terms") governing your use (including access, browsing and/or use of any interactive features) of those portions of the OCTAVA BEAUTY, Inc. website accessible at www.octavabeauty.com, as well as and including any other OCTAVA BEAUTY, Inc. websites or web pages accessible through the OCTAVA BEAUTY, Inc. website or other promotional websites OCTAVA BEAUTY, Inc. hosts or sponsors such as minisites or pages on third party social networking services, directed at consumers in the United States, including those portions of the OCTAVA BEAUTY, Inc. website accessible by going to www.octavabeauty.com and selecting “United States” under the listings that appear below “America” on the “Languages” page or link, (collectively the “Sites”).

PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU (SEE “AGREEMENT TO ARBITRATE DISPUTES” BELOW). THESE PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Please see the separate terms of use applicable to other country-specific or region-specific web pages available on those pages when you access them through www.octavabeauty.com or through other promotional websites.

Use of the Sites is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. We reserve the right to change the Terms at any time. Any such changes will be posted on the Sites and you agree to be bound by such changes.

1. Privacy

Please read our Privacy Policy,which governs the manner in which we will handle any personal information that you provide to us. The Privacy Policy is subject to the terms and conditions of this Legal Statement.

2. Ownership Rights/Use of Sites Materials

OCTAVA BEAUTY, INC. and/or its worldwide affiliates (“OCTAVA BEAUTY”) own all right, title and interest in and to the Sites and/or own the content and applications on the Sites (including on social network websites).

OCTAVA BEAUTY owns all copyrights for all material on the Sites or has a valid right from a third party to use the material on the Sites. OCTAVA BEAUTY also owns all trademarks, service marks, trade names, logos and domain names used on or in connection with the Sites or has a valid right from a third party to use any such material. Any modification or use of the materials from the Sites for any purpose not explicitly permitted is a violation of OCTAVA BEAUTY 's copyright and other proprietary rights. 

No part of the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of OCTAVA BEAUTY. This prohibition also includes framing any content from the Sites, as well as unauthorized linking.

3. Disclaimer/Limitation on Liability

Use of and browsing in the Sites are at your own risk. Neither OCTAVA BEAUTY nor any party representing or otherwise affiliated with OCTAVA BEAUTY in creating or presenting the Sites are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Sites, except where such liability or damage is the result of OCTAVA BEAUTY ’s own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Sites is provided to you on an "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement.

Solicited information that you submit to OCTAVA BEAUTY by email in order to register or sign up, purchase products and/or to submit appropriate questions to the Sites are subject to our Privacy Policy. All unsolicited reviews, comments or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by OCTAVA BEAUTY and OCTAVA BEAUTY may use such materials in any manner that it deems appropriate. For more information on this topic, please see our Privacy Policy

4. Links

OCTAVA BEAUTY is not responsible for third party websites that link to or from the Sites. OCTAVA BEAUTY does not endorse any such sites or the goods or services offered on such sites. OCTAVA BEAUTY disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites. OCTAVA BEAUTY shall not be held liable or responsible for the content of any sites that link to or from the Sites.

5. Accuracy of Information

OCTAVA BEAUTY takes reasonable steps to ensure the accuracy of the information included in the Sites. However, OCTAVA BEAUTY takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice.

6. Prices

When applicable, prices displayed on the U.S. portion of the OCTAVA BEAUTY website are shown in U.S. dollars and do not include taxes. Prices are provided for informational purposes and are not binding. Please also note that prices shown may vary between the U.S. mainland, Hawaii, Guam and Saipan. The price displayed is based on such jurisdiction as inferred from your computer IP address. Prices remain subject to change without notice.

7. No Waiver

The failure on the part of OCTAVA BEAUTY to enforce any part of these Terms shall not constitute a waiver of any of OCTAVA BEAUTY 's rights hereunder for past or future actions.

8. Questions, Comments, Communications, and Other Content Terms of Use

By submitting a question, comment, communication or other content (“Statement”) to Octavabeauty.com (the “Site”), you hereby grant OCTAVA BEAUTY the perpetual, worldwide right and permission to use, post and repost your Statement, in whole or in part, either alone or accompanied by other material, with or without with your name, for any purpose whatsoever, including advertising, promotion or trade, in any media now known or hereafter invented, including, but not limited to, any and all Internet media (including the Site and any other OCTAVA BEAUTY websites and applications, third party sites, and social networking sites), in all forms of print, point-of-sale and publicity materials (e.g., press releases) and in OCTAVA BEAUTY’s email marketing campaigns and newsletters.

You warrant and represent that all of the Statements you have made regarding OCTAVA BEAUTY and/or its products are true and accurately reflect your honest opinion of and experience with OCTAVA BEAUTY and its products. You have made the Statements without any prior payment or promise of payment, or any other benefit having been made to me and without any expectation by you of any payment or benefit in return. You agree to notify OCTAVA BEAUTY immediately if any of the Statements no longer represent your true and honest experience and opinions. You further warrant and represent that you are not an employee of OCTAVA BEAUTY nor are you a paid spokesperson for OCTAVA BEAUTY .

You agree that the Statements made by you may be used in whole or in part and may be paraphrased, amplified, shortened and/or put into conversational form to meet the requirements of copy or layout, provided that the general sense is not changed. You further agree that the Statements made by you may be modified and/or altered by OCTAVA BEAUTY to remove any store names and/or personally identifiable information or other sensitive information about yourself or others.

OCTAVA BEAUTY expects all of its users to be respectful of other people. Your Statement will not be posted if it violates the following guidelines (“Guidelines”) which prohibit any Statement that contains any of the following types of content:

• Obscenities, discriminatory language, or other language not appropriate for this Site or any public forum.
• Advertisements, 'spam' content, or references to other products, offers, or websites.
• Any content or materials which you do not own and/or are otherwise infringing or for which you have not secured all necessary rights.
• Email addresses, URLs (OCTAVA BEAUTY.com), phone numbers, physical addresses, or other forms of contact information.
• Comments that harass, abuse, disparage, and/or defame another person or entity, including any other authors who post to this Site or any of their comments.
• Discussion of medical conditions or claims of medical effectiveness.
• Content that is false or misleading.
• Content that is unlawful or promotes unlawful activities.

OCTAVA BEAUTY will make all determinations as to what Statements are appropriate for this Site and in compliance with these Guidelines in its sole discretion.

9. OCTAVA BEAUTY Text Program Terms & Conditions and Consent to Use of Electronic Records

By agreeing to receive OCTAVA BEAUTY text messages, you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in. Autodialed messages are text messages and calls OCTAVA BEAUTY dials using equipment that can dial numbers that are stored or produced by random or sequential number generators. Consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from the OCTAVA BEAUTY text list you must text STOP in response to a OCTAVA BEAUTY text message or contact customer care at 1 (844) 979-2176 or info@octavabeauty.com. After texting STOP you may receive one additional message confirming that your request has been processed. In the event that you change or deactivate your mobile number it is your responsibility to notify OCTAVA BEAUTY at 1 (844) 979-2176 or info@OCTAVA BEAUTY.com to have your number removed.

Additionally, OCTAVA BEAUTY reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under this program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out.
View our Private Policy.

You also agree to the use of electronic documents and records by OCTAVA BEAUTY. Moreover, by consenting to receive text message ads from OCTAVA BEAUTY, you further agree that OCTAVA BEAUTY may use electronic documents and records when obtaining your consent to receiving Marketing Communications. You agree that the use of electronic records satisfies any legal obligations OCTAVA BEAUTY has to provide information about your consent to you in writing. If you do not agree to this, you should not agree to the terms. You have the right to receive a paper copy of all documents that OCTAVA BEAUTY is legally required to deliver to you in writing. You can 1) request a paper copy of such documents, including the agreement to receive autodialed text messages from OCTAVA BEAUTY ; 2) withdraw your consent to the use of electronic records; or 3) update your contact information by calling OCTAVA BEAUTY at 1 (844) 979-2176 or emailing info@octavabeauty.com or updating your information at www.octavabeauty.com.

You must have certain equipment and software in order to receive the electronic records associated with your consent to receiving text message ads from OCTAVA BEAUTY . You will need either a web browser equivalent to what you are now using to view this web page or at least Explorer 11.0, Firefox version 60.0 or later, Google Chrome version 66.0 of later, Safari version 11.0 or later, or an equivalent browser. You will need computer hardware and software that is required to run the particular browser. To retain your records, you must have computer hardware and software capable of saving the web page viewed by your web browser. You may also print the records if you have a printer and appropriate hardware and software for printing pages viewed by your browser. In registering your consent online, you are indicating your signature to and acceptance of these terms and the consent to the use of electronic records as well as confirming that you have equipment meeting the above receipt, access, and retention requirements.

The limitation of liability described in section 3 above, the Agreement to Arbitrate Disputes described in section 10 below, and the Severability provisions described in section 11 below, all apply to OCTAVA BEAUTY ’s text messaging activity. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

10. Agreement to Arbitrate Disputes

WE BOTH AGREE TO ARBITRATE.

You hereby agree that any dispute between you and OCTAVA BEAUTY relating to, concerning, or arising out of this Legal Statement (including disputes about the validity, scope, or enforceability of this arbitration provision), the Privacy Policy, the Sites and/or an item purchased through the Sites (“Covered Disputes”) will be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules” available at https://www.adr.org) in effect on the date thereof. The arbitration will be conducted before a single neutral arbitrator chosen by the parties and may be held by telephone or in-person. Disputes may also be resolved by submission of documents and without in-person or telephonic hearings as provided by the Rules. To the extent necessary, the locale of the hearing will be the county of the consumer’s home address or, at the consumer’s election, such other locale as mutually agreed to by the parties, or as determined by the arbitrator. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, OCTAVA BEAUTY will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute.

NO CLASS ACTIONS.

The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on a basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and OCTAVA BEAUTY alone. Claims may not be joined or consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, OR A CLASS ACTION. If you initiate a litigation or any other proceeding against OCTAVA BEAUTY in violation of this paragraph, and OCTAVA BEAUTY is the prevailing party in any such litigation or proceeding, you agree to pay OCTAVA BEAUTY ’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.

OPT-OUT OF AGREEMENT TO ARBITRATE.

You can reject this Agreement to Arbitrate by emailing OCTAVA BEAUTY at info@octavabeauty.com usa.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using the OCTAVA BEAUTY Sites.

THIS LEGAL STATEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in this Legal Statement, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Los Angeles in the State of California. You agree not to raise the defense of forum non conveniens.11. Severability If any term of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

11. Miscellaneous

You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the entire agreement between you and OCTAVA BEAUTY with respect to the use of the Sites.

OCTAVA BEAUTY may change these Terms at any time by posting changes on the Sites. Any changes are effective immediately upon posting. The continued use of the Sites constitutes your agreement to any revised Terms.

The Sites are not intended to provide any medical information about the skin or otherwise.

BY USING THE SITES, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE TERMS & CONDITIONS OF USE.

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