In order to access some features of the Site, you may be required to create an account. You may never use another person’s account without the account holder’s express permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GENIE BEAUTY immediately of any breach of security or unauthorized use of your account. Although GENIE BEAUTY will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GENIE BEAUTY or others due to such unauthorized use of your account.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” and the like, that accesses the Site in a manner that sends more request messages to the GENIE BEAUTY servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GENIE BEAUTY grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. GENIE BEAUTY reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally-identifiable information from the Site, including account names, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.
MODIFICATION OF SERVICE
GENIE BEAUTY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GENIE BEAUTY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service is limited to individuals 18 years and older. Your order is solely for personal use and not for re-distribution. You agree that you will not access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, the Services or any portion thereof. GENIE BEAUTY will not be liable for any loss or damage arising from such activities, and GENIE BEAUTY reserves the right to terminate access to the Service, with or without notice.
PRODUCT DIVERSION AND RESALE OF GENIE BEAUTY PRODUCTS
Only our authorized retail partners are permitted to resell Genie Beauty products. No other parties are authorized to sell Genie Beauty products or purchase products from geniebeauty.com or from an authorized retail partner for the purpose of reselling the products. No person or entity, without the express written consent of GENIE BEAUTY, is authorized to sell on any e-commerce platform, such as, but not limited to, Amazon, eBay or Walmart. Authorized retail partners are prohibited from, and shall take reasonable steps to avoid selling to any third party that intends to resell Genie Beauty products. In the event an authorized retail partner becomes aware, or is informed by GENIE BEAUTY, that it is selling products to an unauthorized reseller, such authorized retail partner shall immediately cease doing business with such unauthorized reseller.
Authorized retail partners agree to handle and store all Genie Beauty products in accordance with the instructions which are provided to authorized retail partners. Additionally, all products must be stored in secure, climate-controlled facilities. To ensure the safety and well-being of consumers, all authorized retail partners agree to cooperate with GENIE BEAUTY with respect to any product recalls or other consumer safety information dissemination efforts. Authorized retail partners further agree to maintain customer service phone and email response functions to handle customer complaints, returns and other customer service functions.
Authorized retail partners shall only sell Genie Beauty products in their original packaging. Relabeling, repackaging, and other alterations to Genie Beauty products or their packaging is not permitted. Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, SKU or other identifying information on products or their packaging is prohibited. Authorized retail partners may not remove, translate, or modify the contents of any label or literature on or accompanying the products. Authorized retail partners shall not advertise, market, display, or demonstrate non-GENIE BEAUTY products together with GENIE BEAUTY products in a manner that would create the impression that the non-GENIE BEAUTY products are made by, endorsed by, or associated with GENIE BEAUTY.
Promptly upon receipt of Genie Beauty products, authorized retail partners must inspect the products for damage, defects, evidence of tampering, or other non-conformances. If any defect is identified, such defective product must not be offered for sale and must promptly be reported to GENIE BEAUTY."
Each Product you purchase from GENIE BEAUTY comes with a 30 day money back guarantee. If you are not completely satisfied with a Product, simply return the unused portion within 30 days from the date you received your Product. For Products purchased on an auto-ship plan, the guarantee only applies to first-time shipments. The money back guarantee does not apply to subsequent purchases of the same Product. Before a refund can be issued, Customers are required to contact GENIE BEAUTY at [1-866-700-2227] for return authorization and instructions. Proof of purchase is required. Shipping and processing charges are nonrefundable. GENIE BEAUTY will issue a refund for the original Product purchase price, less shipping, within 10 to 15 business days (or 1 billing cycle) after receipt of your return Product.
GENIE BEAUTY does not support the unauthorized resale of its products, and GENIE BEAUTY is unable to ensure the quality of its products when sold by unauthorized sellers or through unauthorized channels. We strongly encourage our customers to purchase only from one of our official authorized retail partners. GENIE BEAUTY does not extend any warranty or satisfaction guarantee to products purchased from unauthorized resellers. We reserve the right to cancel orders and/or block future purchases by customers that appear to be purchasing items for resale on third-party sites.
USE OF INFORMATION AND IDEAS SUBMITTED
You hereby acknowledge and agree that GENIE BEAUTY is free to use any comments, information, ideas, concepts, reviews, techniques or other information contained in any communication you may send to GENIE BEAUTY or any communication you may have with a GENIE BEAUTY representative (the “Ideas”), and GENIE BEAUTY shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by GENIE BEAUTY for commercial purposes, including but not limited to use by GENIE BEAUTY for developing, manufacturing and marketing products and creating, modifying or improving GENIE BEAUTY or other products, services or Websites affiliated with GENIE BEAUTY. Furthermore, by posting or displaying any such Ideas on our site, you hereby grant to us a nonexclusive, royalty-free license to display, use, reproduce and/or modify the Ideas.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GENIE BEAUTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. GENIE BEAUTY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. GENIE BEAUTYDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GENIE BEAUTY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GENIE BEAUTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GENIE BEAUTY SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GENIE BEAUTY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE SITE IS CONTROLLED AND OFFERED BY GENIE BEAUTY FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. GENIE BEAUTY MAKES NO REPRESENTATIONS THAT THE GENIE BEAUTY SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE GENIE BEAUTY SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions our liability, if any, shall be limited to the fullest extent permitted by law.
Upon a request by GENIE BEAUTY, you agree to defend, indemnify, and hold harmless GENIE BEAUTY and its affiliates, and their employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including without limitation attorneys fees that arise from your use or misuse of this site. GENIE BEAUTY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GENIE BEAUTY in asserting any available defenses.
INTELLECTUAL PROPERTY RIGHTS
Except for User Submissions (as defined below), all content on the Site is the property of GENIE BEAUTY and/or its licensors and is subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions, including without limitation, the design, source code, text, software, scripts, graphics, images, photographs, sounds, music, videos, video and audio files, interactive features and the like, and the selection, arrangement, structure, coordination, and “look and feel” thereof (collectively the “Content”), together with the trademarks, service marks and logos contained therein (“Marks”).
All GENIE BEAUTY product names, slogans, graphics, page headers, logos, button icons, and scripts on the Site are either trademarks or service marks, in the United States and other countries, of GENIE BEAUTY or its affiliates, subsidiaries, suppliers and licensors and are the property of GENIE BEAUTY and it’s affiliates. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. GENIE BEAUTY trademarks may not be used in connection with any product or service that is not a GENIE BEAUTY product, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits GENIE BEAUTY. You may not use any metatags or any other “hidden text” utilizing GENIE BEAUTY or any other name, trademark, service mark or product name of GENIE BEAUTY without our permission. In addition, all page headers, custom graphics, button icons, and scripts are subject to copyright protection for the benefit of GENIE BEAUTY and/or are the service marks, trademarks and/or trade dress of GENIE BEAUTY and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Reference on the Site to any third party-owned products, services, processes, or other information, whether by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by us. All other trademarks not owned by GENIE BEAUTY, its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GENIE BEAUTY. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
GENIE BEAUTY reserves all rights not expressly granted in and to the Site and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. You further agree not to make derivative uses of the Site or the Content, or to use, frame or utilize framing techniques to enclose any portion of the Site, including the images found on the Site or any text or layout/design of any page or form contained on a page of the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
- The Site may now or in the future permit the submission of videos, photographs or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that, whether or not such User Submissions are published, GENIE BEAUTY does not guarantee any confidentiality with respect to any submissions.
- In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed; or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GENIE BEAUTY’s designated Copyright Agent to receive notifications of claimed infringement is: GENIE BEAUTY Copyright, Claystill, Inc. 3712 Cerritos Avenue, Los Alamitos, CA 90720, or send an email to [email protected] with “GENIE BEAUTY Copyright” in the subject line. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to GENIE BEAUTY customer service through http://www.GENIEBEAUTY.COM/contact. You acknowledge that, if you fail to comply with all of the requirements of this Section 4(D), your DMCA notice may not be valid.
- You understand that, when using the GENIE BEAUTY Site, you will be exposed to User Submissions from a variety of sources, and that GENIE BEAUTY is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GENIE BEAUTY with respect thereto, and agree to indemnify and hold GENIE BEAUTY, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
- GENIE BEAUTY permits you to link to materials on the Site for personal, non-commercial purposes only. In addition, GENIE BEAUTY may choose to provide an “Embeddable Player” feature, which you may incorporate into your own personal, non-commercial website(s) for use in accessing the materials on the Site, provided that you include a prominent link back to the GENIE BEAUTY website on the pages containing the Embeddable Player. GENIE BEAUTY reserves the right to discontinue any aspect of the GENIE BEAUTY Site at any time.
Notifications from genie beauty
Upon completing a purchase using the website, you will be automatically provided with valuable future notifications from GENIE BEAUTY by email. You may, however, opt out of those emails by un-checking the box permitting future emails or unsubscribing from the service using the link provided in any future email which you receive from GENIE BEAUTY.
CHOICE OF LAW AND FORUM
These Terms are governed by California laws. Any action to enforce or interpret them shall be brought and maintained exclusively in a state or federal court situated in the County of Orange, State of California.
By using this Site, you expressly agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may contact you by phone (including cell phone), email, US mail or reputable delivery service for debt collection purposes
SEVERABILITY AND INTEGRATION
NOTICE OF CHANGE