Terms of service
TERMS OF USE
Last Modified: October 27, 2025
These Terms of Use are entered into by and between you and Fitria Beauty LLC (the “Company,” “Fitria Beauty,” “we,” “our,” or “us” as the context may require). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use,” or “Terms”), govern your access to and use of our websites, any of our mobile applications, or any of our other services, including any content, functionality, and services offered on or through the Sites (collectively, the “Sites”) and your purchase, receipt, or use of our cosmetics or other products made available through the Sites (collectively, the “Products”).
Please read the Terms of Use carefully before you start to use any of the Sites or purchase Products. By using the Sites or purchasing Products, you accept and agree to be bound and abide by our Terms of Use and our Privacy Policy (“Privacy Policy”), located at https://fitriabeauty.myshopify.com/policies/terms-of-service and incorporated herein by reference. If you do not want to agree to these Terms of Use, the Privacy Policy, or any other terms applicable to you, you must not access or use any of the Sites or purchase, receive, or use our Products.
By using the Sites or placing an order for Products, you represent and warrant that: (a) you are of legal age to enter into this agreement; (b) you have not previously been suspended or removed from any of the Sites; and (c) your registration and your use of any of the Sites is in compliance with any and all applicable laws and regulations.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to, use of, and participation in the Sites thereafter. Your continued use of or participation in the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. You should also carefully review our Privacy Policy before using or accessing the Sites.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. ACCESSING THE SITES AND ACCOUNT SECURITY
1.1. Eligibility. You may use the Sites only if you can form a binding contract with Fitria Beauty, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
1.2. Account Registration. To access the Sites, or to purchase from the Sites, you may be asked to provide certain registration details or other information and create an account. It is a condition of your use of the Sites that all the information you provide is correct, current, and complete. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You agree that all information you provide to register with the Sites, purchase products or services, or otherwise, including, but not limited to, through the use of any interactive features on any of the Sites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree that you will not create more than one account.
1.3. Account Deletion. You can delete your account at any time by logging into your account and accessing your settings and following the instructions to delete your account. Your information will be maintained and deleted in accordance with our Privacy Policy.
1.4. Credentials. You must treat your username, password, and any other piece of security information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
1.5. Availability. We reserve the right to withdraw or amend the Sites, and any service or material we provide as part of the Sites in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of any the Sites to users, including registered users. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. You are responsible for both: (a) making all arrangements necessary for you to have access to the Sites; and (b) ensuring that all persons who access the Sites through your internet connection are aware of these Terms of Use and comply with them.
1.6. Restrictions on Use. By using or otherwise accessing the Sites, you confirm that you will not use the Sites for any of the following:
(a) any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(b) any activity that: (i) interferes with, disrupts, negatively affects or inhibits other users from accessing or fully enjoying the Sites; (ii) introduces the Sites to any malware, virus, trojan horse, worms, logic bombs or any other program that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorized access, whether through password mining or otherwise, to other user accounts, computing systems or networks connected to the Sites; (iv) undermines the security or integrity of the computing systems or networks on which the Sites are hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Sites or the computer programs used to deliver the Sites; (vi) uses the any user account information of another person to access or use the Sites; or (vii) transfers access or rights to your user account to a third party;
(c) any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Sites about other users including addresses, phone numbers, email addresses and credit card details;
(d) any act that: (i) attempts to defraud the Company or any other person; or (ii) provides false, inaccurate or misleading information to the Company;
(e) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
(f) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
(g) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm the Company or users of the Sites, or expose them to liability;
(h) you shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Sites to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Sites for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Sites to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (ix) bypass the measures we may use to prevent or restrict access to the Sites, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Sites; or
(i) in any way that would violate our Content Standards (defined below).
2. PRODUCT INFORMATION
2.1. Product Display and Availability. The displayed colors of the Products depend upon the monitor or device of the user, and Fitria Beauty cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out of stock or discontinued, and prices are subject to change without notice.
2.2. Informational Use Only. All material and information presented on the Sites are intended for personal, educational, or informational purposes only. While we try to be as accurate as possible, we do not warrant that product descriptions or other content on the Sites are accurate, complete, reliable, current, or error-free.
2.3. No Medical Advice. The Sites are not intended to provide medical advice or to serve as a substitute for professional medical consultation, diagnosis, or treatment. The statements and products sold through the Sites are not intended to diagnose, treat, cure, or prevent any condition or disease. You should always consult with your physician or other qualified healthcare professional regarding the use of any goods, products, or information obtained from the Sites before using or relying on them. Your healthcare provider should address all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. Fitria Beauty does not represent itself as a physician, nor is such representation implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
2.4. Product Use and Allergies. All products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients of each product to avoid potential allergic reactions or sensitivities.
3. TERMS OF SALE
3.1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3.2. Prices and Payment Terms. All prices, discounts, and promotions posted on this Site are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
3.3. Shipping. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
3.4. Quantity Limitations and Restrictions. Except where prohibited by law, we reserve the right, in our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. Please note that certain orders constitute improper use of the Sites. We reserve 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, as determined by us in our sole discretion.
3.5. Goods Not for Resale or Export. The products available on the Sites, including any samples we may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Fitria Beauty.
3.6. Returns and Exchanges. Please refer to our Return Policy for more information regarding returns and exchanges.
4. USER CONTENT
4.1. User Content Generally. The Sites may contain certain interactive features that allow users to post, submit, publish, display, or transmit (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Sites. The Company may use third-party social media websites, communication services, and media channels such as Facebook, TikTok, and Instagram (collectively, “Social Media Assets”) to communicate and interact with our customers. Any content or materials submitted or posted to these Social Media Assets will be considered User Content. You are solely responsible for all User Content that you post via or to the Sites or Social Media Assets, including ratings and reviews. All User Content must comply with the Content Standards set out in these Terms.
4.2. Content Standards. These content standards (“Content Standards”) apply to any and all User Content and use of the Sites. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
(a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
(b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
(d) show another person which was created or distributed without that person’s consent or violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
(e) be likely to deceive any person;
(f) promote any illegal activity, or advocate, promote, or assist any unlawful act;
(g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
(h) impersonate any person or misrepresent your identity or affiliation with any person or organization;
(i) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
(j) involves the transmission of “junk” mail or “spam”;
(k) contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Fitria Beauty or otherwise; or
(l) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
4.3. Your Content. You agree that your User Content must comply with these Terms and the Content Standards, which may be updated from time to time. You understand that your User Content may be visible to other users, and any User Content you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Content to the Sites or Social Media Assets, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. By posting User Content, you represent and warrant that: (a) you own or control all rights in and to your User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (b) all of your User Content does and will comply with these Terms. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Sites. You agree to indemnify, defend, release, and hold us harmless from any claims made in connection with your User Content.
4.4. Monitoring and Enforcement. While we are under no obligation to, we have the right to: (a) review, prescreen, remove or refuse to post any User Content for any or no reason in our sole discretion; (b) take any action with respect to any User Content, including content exchanged between users in direct messages, that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for the Company; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites; or (e) terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
4.5. Copyright Infringement. If you believe that any User Content violates your copyright, please see Section 4.7 of these Terms for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
5. INTELLECTUAL PROPERTY
5.1. Ownership. The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2. Restrictions. You will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Sites, nor will you take any measures to interfere with or damage the Sites. Copying or modifying any content available on the Sites (“Content”) or using Content for any purpose other than your personal, non-commercial use of the Sites, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by the Company in these Terms are reserved.
5.3. Trademarks. The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
5.4. Geographic Restrictions. The Sites, or any part thereof, may not be available in all languages or all counties. You acknowledge that you may not be able to access all or some of the Sites in any particular location. If you access the Sites from outside the area in which the Company makes such Sites available, you are responsible for compliance with local laws.
5.5. Third-Party Materials. The Sites may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
5.6. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Sites and create other products and services.
5.7. DMCA Policy. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or through the Sites infringe your copyright, you may request removal of those materials (or access to them) from the Sites by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the written notice is accurate; and (iv) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Fitria Beauty LLC, info@fitriabeauty.com, 2658 Del Mar Heights RD #133, Del Mar CA 92014. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
6. PRIVACY
6.1. Privacy. Our Privacy Policy describes how the Company collects, uses, transfers, discloses and stores your personal data. By accessing the Sites, you confirm that you have read, understood and agree to our Privacy Policy in full. In the event of any conflict between these Terms and the Privacy Policy, the Privacy Policy shall prevail.
6.2. Information about you and your Use of the Sites. All information we collect on the Sites is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
7. SOCIAL MEDIA FEATURES; LINKS FROM THE SERVICES
7.1. Social Media Features. The Sites may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Sites; (b) send emails or other communications with certain content, or links to certain content, on the Sites; and (c) cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.
7.2. Use of Social Media Features. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
(a) Establish a link from any website that is not owned by you.
(b) Cause the Sites or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
(c) Link to any part of the Sites other than the homepage.
(d) Otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms of Use.
7.3. Cooperation. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
7.4. Links from the Services. If the Sites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
8. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that any part of the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED IN CONNECTION WITH, OR LINKED TO, ANY SITES.
YOUR USE OF THE SITES, AND CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, CONTENT, AND ANY SERVICES, PRODUCTS, OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, OR ACTS ON THROUGH OUR SITES, NOR DOES THE COMPANY ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH OUR SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW.
9. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE APPLICABLE PRODUCTS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms of Use; (b) your violation of any law or of any rights of any third party; or (c) your use of the Sites, including, but not limited to, your User Content, any use of the Sites’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Sites.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. You agree to cooperate fully and reasonably as required by us in the defense of any relevant claim.
The foregoing provision does not require you to indemnify Fitria Beauty for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Sites.
SOME JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
11. DISPUTE RESOLUTION AND ARBITRATION
Except as otherwise explicitly provided herein or otherwise prohibited by law, YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Except as otherwise explicitly provided herein or otherwise prohibited by law, ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
11.1. Disputes Generally.
(a) If you ever have a problem, we are ready to assist you via email at . We’ll do our best to resolve it quickly and fairly. If we can’t work things out within sixty (60) days, then either of us may choose arbitration as described below.
(b) In the event that we are unable to resolve your concern in such sixty (60) day period, by using the Sites you unconditionally agree that all claims relating to your access or use of our Sites, including claims related to our Privacy Policy and all disputes arising out of, or related to, any products or services purchased from Company through our Sites, will be resolved entirely through binding individual arbitration, rather than in court, except: (i) you or Fitria Beauty may assert individual claims in small claims court if your claims otherwise qualify; (b) you or Fitria Beauty may seek equitable relief in court for infringement or misuse of intellectual property rights, and (iii) to the extent the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act precludes arbitration of the disputes or claims. Except as otherwise explicitly provided herein or otherwise prohibited by law, YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
11.2. Opt-Out. You may opt out of the provisions of this Section 12 by sending to the Company, within thirty (30) days of agreeing to these Terms, a written opt-out notice that specifies (1) your name, (2) your email associated with such purchase, (3) your mailing address, (4) the date you agreed to these Terms, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms (“Opt-out Notice”). To be valid, Opt-out Notices must be emailed to Company, info@fitriabeauty.com, and the date of mailing must be within thirty (30) days after the date that you agreed to the Terms (as confirmed by Company’s records).
11.3. Arbitration Process. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim and the relief sought to Company, at info@fitriabeauty.com. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the arbitration notice is received, you or Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. Any arbitration between you and Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
11.4. No Class Actions. YOU AND COMPANY 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 Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
11.5. Enforceability. If Section 11.4 is found to be unenforceable or if the entirety of this Section 12 is found to be unenforceable, then the entirety of this Section 11 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 13.1 will govern any action arising out of or related to these Terms.
12. TERMINATION
12.1. Account Termination. You can delete your account at any time by logging into your account, accessing your account settings, and following the instructions to complete the deletion process.
12.2. Termination and Suspension by the Company. We reserve the right to terminate or suspend your account or the Sites at any time and for any reason upon notice to you. If we terminate or suspend your account for cause, as determined by the Company in its sole discretion, you agree that we will not be liable to you or any third party for any termination or suspension of your account.
12.3. Effect of Termination. If your account is inactive or deleted, your account, and any information or materials associated with your account, including your User Content, may be inaccessible and may not be recovered. All sections of these Terms which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability. Your information will be maintained and deleted in accordance with our Privacy Policy.
13. MISCELLANEOUS
13.1. Governing Law; Jurisdiction. Except where prohibited by law, all matters relating to the Sites, these Terms of Use, or your relationship with Fitria Beauty, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Except where prohibited by law, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Sites, or your relationship with Fitria Beauty that for whatever reason are not required to be arbitrated, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, shall be instituted exclusively in the federal or state courts of the State of California located in San Diego County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You agree that you will not file or participate in a class action against us.
13.2. Other Terms and Conditions. Additional terms and conditions may apply to specific portions, services, or features of the Sites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
13.3. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
13.4. Limitation on Time to File Claims. EXCEPT AS PROHIBITED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13.5. Notices. You agree that communications and transactions between us may be conducted electronically.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Sites. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us by email to info@fitriabeauty.com. We may update the email address for notices to us by posting a notice on the Sites. Notices provided by email will be effective one (1) business day after they are sent.
13.6. International Use. Company is based in the United States. We make no representation that the Sites are appropriate or available for use in all jurisdictions. Access to the Sites from countries or territories or by individuals where such access is illegal is prohibited.
13.7. No Third-Party Beneficiaries. Except as explicitly stated in Section 14.4, these Terms do not and are not intended to confer any rights or remedies upon any person other than you.
13.8. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13.8 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13.9. California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites, please either send an email to info@fitriabeauty.com or write to us at 2658 Del Mar Heights RD #133, Del Mar CA 92014. Residents of California may also contact the California Department of Consumer Affairs Division of Consumer Services, Complaint Assistance Unit by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
13.10. Waiver and Severability. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
13.11. Entire Agreement. The Terms of Use, together with our Privacy Policy, and any other terms incorporated by reference, constitute the sole and entire agreement between you and Company regarding the Sites (but excluding any services which the Company may provide to you under a separate written agreement) and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.
14. YOUR COMMENTS AND CONCERNS
All feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to: info@fitriabeauty.com.