Terms of Use

WEBSITE TERMS OF USE

Last Updated Date: 02/20/2026

These Site Terms of Use (“Terms of Use” or “Terms”) form an agreement between you (“you” or “your”) and L.A. COLORS by Beauty 21 Cosmetics, Inc. (“L.A. COLORS,” “we,” “us” or “our”) and govern your use of www.lacolors.com and any other website owned or operated by L.A. COLORS that links to these terms (the “Site” ) and all features, content, functionality, and tools made available on or through the Site (collectively with the Site, the “Services”).

READ THESE TERMS CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH THE SERVICES, INCLUDING AN AGREEMENT TO ARBITRATE FOR ANY DISPUTE RESOLUTION UNDER SECTION 10 BELOW.

ACCEPTANCE

Please read these Terms carefully before you access and use the Services. BY ACCESSING AND USING THE SERVICES YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. If you do not agree to these Terms, you must (i) not access or use the Services, or (ii) discontinue any access or use of the Services. Your failure to comply with the Terms may result in the suspension or termination of access to the Site and may subject you to civil and criminal penalties.

ADDITIONAL TERMS

When you make a purchase through the Site or use other services offered through the Site that expressly require the acceptance of additional terms (“Additional Terms”) such Additional Terms shall be incorporated into these Terms. In the event of any conflict between these Terms and Additional Terms, the Additional Terms shall control.

CHANGES TO THE TERMS

L.A. COLORS reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice. All changes are effective immediately when we post them unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the “last updated” date. If we choose to amend the Terms, we will update the “Last Updated Date” at the top of the Terms and post the updated version. By continuing to use the Site after we have posted an updated version of the Terms, you are affirming that you agree to be bound by the amended Terms. You are expected to check this page, so you are aware of any changes, as they are binding on you. If there are material changes to these Terms, we may also reserve the right to provide notice of said changes in other alternative manners, such as posting said changes to the Sites and/or communicating said changes via e-mail or other communication channel.

ACCESS AND CHANGES TO THE WEBSITE

Subject to your compliance with the Terms, L.A. COLORS grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, and non-sublicensable right to access and use the Site for your own personal or internal business use only, and not for resale or third-party distribution. In order to use the Site, you must have internet access, otherwise, you will not be able to use some or all of the Site.

L.A. COLORS reserves the right, in its sole discretion, to modify or discontinue offering the Site, or to impose limits on your use of the Site, or any features, functionality, or tools thereof, in whole or in part, at any time, for any reason or no reason, with or without notice to you. You agree that L.A. COLORS has no obligation to provide any updates or to continue to provide or enable any particular Site features, functionality, tools, or content and, to the maximum extent permitted by applicable law, will not be liable with respect to any such modifications, discontinuance, or deletions. The Site is controlled and operated within the United States and is not intended for use outside of the United States.

COOKIES

Our website incorporates the use of third-party technologies, including cookies and other tracking technologies to enhance user experience and to analyze performance and traffic on our Website (“Cookies”). Cookies and related information collected about your use of our Website may be shared with our social media, advertising, and analytics partners. You may manage your preferences for certain non-essential Cookies through our Management Preference Center. For more information about our use of Cookies and how we may share information with third parties, please see our Privacy Policy (discussed below).

ACCOUNT

To access certain features or Services on the Site, you may be asked to provide certain registration details or other information to create an account ("Account"). It is a condition of your use of the Site that all the Account information you provide to us through the Site is correct, current, and complete. It is your responsibility to update any Account information when it becomes out-of-date. Any personal data processed by us with respect to your Account will be done so in accordance with our privacy policy found at privacy policy. You agree that your access credentials with respect to your Account must be treated as confidential information, and you must not disclose Account access credentials to any other person or entity. You are responsible for all activity that occurs under your Account. If you believe your Account has been compromised, you must notify us immediately at info@lacolors.com.

SMS/TEXT MESSAGES AND MARKETING COMMUNICATION CONSENT

By providing your phone number and opting in to receive marketing messages, including via SMS or text messages, from us, you expressly consent to receive marketing and non-marketing calls and text messages from or on behalf of L.A. COLORS, including those made using an automatic telephone dialing system (auto-dialer), prerecorded or artificial voice messages, or other automated technology, at the phone number you provide. Your consent to receive such messages is not a condition of any purchase. Message and data rates may apply. The frequency of messages may vary. You may opt out of receiving SMS or text messages at any time by replying STOP to any message you receive from us, or by following the instructions provided in the message. For help or more information, reply HELP or contact our customer service. For more information about how we use your telephone number and your rights and choices, please refer to our privacy policy.

USER CONDUCT GUIDELINES

You are not authorized to access or use the Site if you are under 18; if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or for any other purposes that are not expressly permitted by the Terms or which violate applicable law.

Further, you may not:

  • copy, distribute, share, publish, use or store, or prepare derivative works from any content on the Site covered by any copyrights, trademark, patent, or other intellectual property right belonging to L.A. COLORS or a third party, except with prior express permission of L.A. COLORS or entity party holding the rights to license such use;
  • access, search, collect information from, or otherwise interact with the Site by “scraping,” “crawling” or “spidering” the Site;
  • use, display, mirror or frame the Site, or any feature, functionality, tool or content of the Site, L.A. COLORS’s name, any L.A. COLORS trademark, logo or other proprietary information;
  • interfere with, disrupt, damage or compromise the Site or our systems or the access of any user, host or network in any way;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Site;
  • otherwise abuse the Site or breach the Terms; or
  • attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.

L.A. COLORS reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law, and to monitor and/or disable access to or use of the Site by any user.

INTELLECTUAL PROPERTY OWNERSHIP

The Site is protected by copyright, trademark, patent, and other laws of the applicable jurisdiction and throughout the world. You acknowledge and agree that the Site, and all intellectual property rights therein, are the exclusive property of L.A. COLORS and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Site, and you may not use the trade names, logos, and other trademarks and service marks associated with L.A. COLORS without our prior written consent.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality or tools of, the Site in any form or by any means, or sublicense the rights granted in the Terms.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by L.A. COLORS or its licensors, except for the revocable licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved to L.A. COLORS and its licensors.

If you choose to provide feedback, comments, ideas, and suggestions for improvements, enhancements, and modifications to the Site (“Feedback”), you acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of L.A. COLORS. You hereby irrevocably transfer and assign to L.A. COLORS all of your right, title, and interest in and to, and waive any moral rights you may have in, all such Feedback.

SOCIAL MEDIA CONTENT; THIRD-PARTY LINKS; NO ENDORSEMENTS

The Site may include features that allow you to view, share, or interact with content from third-party social media platforms, including but not limited to Instagram, Facebook, Twitter/X, TikTok, YouTube, Pinterest, and other services (collectively, "Social Media Platforms"). These features may include embedded posts, feeds, widgets, "share" buttons, "like" buttons, login integrations, or other similar functionality (collectively, "Social Media Features").

Third-Party Terms Apply. Your use of any Social Media Features is subject to the terms of use, privacy policies, and other policies and guidelines of the applicable Social Media Platform(s). These third-party terms are separate from and in addition to these Terms, and you are solely responsible for reviewing and complying with all applicable third-party terms. L.A. COLORS is not a party to and has no control over the terms or policies of any Social Media Platform.

Ownership and Licensing of Social Media Content. Any content displayed on the Site through Social Media Features, including but not limited to text, images, videos, audio, and other materials ("Social Media Content"), remains the property of its respective owners and is subject to the terms and licenses of the applicable Social Media Platform. L.A. COLORS does not claim ownership of any Social Media Content and makes no representations or warranties regarding the accuracy, completeness, legality, or availability of such content. You represent and warrant that you have all rights and permissions as necessary to display any Social Media Content on our Website.

Availability and Functionality. Social Media Features are provided for convenience only and may be modified, suspended, or discontinued at any time without notice. L.A. COLORS does not guarantee the availability, accuracy, or functionality of any Social Media Features, and the availability of Social Media Content may be affected by changes to third-party platform policies, content removal, account deactivation, or other factors outside of L.A. COLORS's control.

User Conduct on Social Media Platforms. If you access a Social Media Platform through the Site or share content from the Site to a Social Media Platform, you agree to comply with all applicable terms and policies of such Social Media Platform. L.A. COLORS is not responsible for your interactions with any Social Media Platform or other users of such platforms.

The Site may provide links to third-party websites, resources or services. Social Media Content displayed on the Website and any Links to third-party websites, resources, or services do not imply any endorsement by L.A. COLORS of such websites, resources, or services or the content, products, or services available on or through such websites, resources, or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources, or services or the content, products, or services available on or through such websites or services. We are not responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products, or services available on or through such websites or services.

Digital Millennium Copyright Act Notice

If you believe that any Social Media Content violates your copyright, then in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), you should provide us with written notice containing at least the following information:

  • A physical or electronic signature (i.e., “/s/ (print name)”) of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the work(s) 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 and a statement of ownership of such work(s);
  • 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 us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
  • A statement that the complaining party has 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;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • Include the following statement: “I have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or protection of law.”

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.

All DMCA notices should be sent to our designated agent. It is the policy of L.A. COLORS to terminate the user accounts of repeat infringers. Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, or was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, L.A. COLORS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.

YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU HEREBY RELEASE L.A. COLORS AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, L.A. COLORS DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE. IN NO EVENT WILL L.A. COLORS BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (B) DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT L.A. COLORS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WITH RESPECT TO ANY OTHER DAMAGES THAT MAY BE AVAILABLE, EXCEPT AS OTHERWISE PROHIBITED UNDER APPLICABLE LAW, L.A. COLORS’S LIABILITY SHALL NOT EXCEED THE AMOUNTS RECEIVED BY L.A. COLORS IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, L.A. COLORS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO TEN U.S. DOLLARS (US$10).

To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold L.A. COLORS and its affiliates, licensors, and service providers harmless from and against any claims, liabilities, damages, losses, costs, and expenses, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with your access to or use of the Website, your Social Media Content, your breach of the Terms, or your gross negligence or willful misconduct.

DISPUTE RESOLUTION AND GOVERNING LAW

Disputes. The terms of this Section 16 shall apply to all Disputes between you and L.A. COLORS. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy or action between you and L.A. COLORS arising under or relating to your use of the Services, these Terms, or any other transaction involving you and L.A. COLORS, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND L.A. COLORS AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY L.A. COLORS FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF L.A. COLORS.

Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section by sending a written letter to L.A. COLORS at Contact Us within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

Dispute Notice. In the event of a Dispute, you or L.A. COLORS must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to L.A. COLORS must be addressed to 2021 S Archibald Ave Ontario, CA 91761 USA (“L.A. COLORS Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If L.A. COLORS and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or L.A. COLORS may proceed to mediation as articulated in this Section. You and L.A. COLORS will work in good faith to schedule the informal conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference.

Mediation. In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be negotiated between the parties, but you will not be required to pay any such fees that exceed those fees you would be required to pay if proceeding in a court of law. Such fees also will not include attorneys’ fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this Section.

Binding Arbitration. In the event mediation is unsuccessful, you and L.A. COLORS agree: (1) to arbitrate all Disputes between you and L.A. COLORS pursuant to the provision of these Terms; (2) these Terms memorialize a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in these Terms.

Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.

WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND L.A. COLORS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND L.A. COLORS AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

MASS ACTION WAIVER. You and L.A. COLORS agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and L.A. COLORS expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this Section. “Mass Action” includes instances in which you or L.A. COLORS are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or L.A. COLORS’s behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this Section, nothing prevents you or L.A. COLORS from participating in a mass settlement of claims.

Special Master Appointment. In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iii) whether claimants are barred from proceeding with a Mass Action; (iv) any dispute relating to the representation of the same claimant by multiple law firms; (v) any dispute regarding discovery common to all claims; and (vi) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. You may opt-out of arbitration by providing a written notice to info@lacolors.com. L.A. COLORS may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.

Batching. After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration.

Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state, provincial, territorial, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Hearing Format. Unless otherwise agreed, the arbitration shall take place in Ontario, California, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by L.A. COLORS or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or L.A. COLORS is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

Governing Law. These Terms, any Dispute, and all subject matter related to these terms (including this arbitration agreement set forth in this Section 11, shall be governed by the laws of California, regardless of any conflict of law principles.

Arbitration Fees. L.A. COLORS will pay, or (if applicable) reimburse you, for all AAA (as applicable) filing, administration, and arbitration fees for any arbitration commenced by you or L.A. COLORS pursuant to these Terms. You are responsible for all additional costs that you incur in the arbitration, including, without limitation, fees for attorneys or expert witnesses.

Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and L.A. COLORS agree that if L.A. COLORS makes any material amendments to the dispute resolution procedure and class action waiver provisions in these Terms, L.A. COLORS will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the L.A. COLORS Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.

Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.

Exclusive Venue for Other Controversies. L.A. COLORS and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

MISCELLANEOUS

These Terms constitute the entire and exclusive understanding and agreement between you and L.A. COLORS regarding your access to and use of the Site and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and L.A. COLORS regarding the subject matter hereof.

You may not assign, transfer, delegate, subcontract, or sublicense any of your rights or obligations under the Terms. Any attempted assignment, transfer, delegation, subcontracting, or sublicense without the foregoing consent will be null and void.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the Terms. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of the Terms shall survive such expiration or termination.

Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation, or breach.

If an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void, or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.

Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

Complaints regarding the Site or requests to receive further information regarding use of the Site may be sent to info@lacolors.com or Beauty 21 Cosmetics, Inc., 2021 S. Archibald Avenue Ontario, California 91761.

If you have any questions or concerns, please contact L.A. COLORS at info@lacolors.com.

California Users and Residents. Pursuant to California Civil Code Section 1789.3, questions about pricing, complaints, or inquiries must be addressed to our agent for notice and sent via certified mail to the address listed above. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.