Terms of service

THE EFFECTIVE DATE OF THESE TERMS OF SERVICE/USE IS MARCH, 2025.

These Terms of Use apply to the applications, websites, widgets, or online services owned and controlled by Flawless Bloom that provide a link to these Terms (individually, a “Site” and collectively, the “Sites”). IMPORTANT: PLEASE CAREFULLY REVIEW THESE TERMS BEFORE USING OUR SITE, AS THEY GOVERN YOUR LEGAL RIGHTS AND OBLIGATIONS.

Unless otherwise specified, these Terms do not apply to any other website or offline services offered by Flawless Bloom. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE. Certain services or features described within these Terms may not always be available.

At times, we may offer services or features that have their own terms and conditions (“Additional Terms”). In the event of a conflict between these Terms and the Additional Terms, the Additional Terms will govern unless otherwise stated.

Arbitration Notice

Except for certain disputes described in the Dispute and Arbitration section below, you agree that all disputes between you and Flawless Bloom related to your use of the Sites will be resolved through binding individual arbitration. By agreeing to these Terms, you waive the right to participate in class-action lawsuits or class-wide arbitration.

Website Intended Audience

THIS SITE IS INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OLD.

By using the Sites, you confirm that you are 18 years of age or older.

This Site Does Not Provide Medical Advice

The information provided on the Sites is intended for informational and educational purposes only. It should not be interpreted as medical advice, diagnosis, or treatment. The content on the Sites does not replace consultation with a licensed healthcare professional.

Flawless Bloom does not endorse specific medical treatments or recommend self-diagnosis. If you have questions regarding a medical condition or skincare concern, consult a qualified healthcare provider.

While we strive to ensure that information on our Sites is accurate and current, we cannot guarantee its completeness or reliability. Any reliance on information provided on the Sites is at your own risk.

Our products are designed to support general wellness and beauty routines, but they are not intended to diagnose, treat, cure, or prevent any disease or skin condition. Always consult a qualified professional before introducing new skincare or wellness products into your routine.

Trademarks

Flawless Bloom® and the Flawless Bloom logo are trademarks or registered trademarks of Flawless Bloom.

Unauthorized use, reproduction, or modification of these trademarks is strictly prohibited. All other trademarks mentioned on the Sites belong to their respective owners and do not imply endorsement or affiliation.

Ownership of Site Content

Unless otherwise stated, all content on the Sites—including text, graphics, images, design, software, and other materials—is owned, licensed, or controlled by Flawless Bloom and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, transmit, display, or otherwise use any Site content without prior written permission from Flawless Bloom.

Unauthorized use of Site content may result in civil and criminal liability.

Your License to Use Site Content

Subject to compliance with these Terms, Flawless Bloom grants you a limited, non-exclusive, non-transferable license to access and view the content on the Sites for personal, non-commercial purposes.

While accessing the Site, you agree that you will:

  • Retain all copyright and proprietary notices
  • Not modify or reproduce Site content
  • Not reverse engineer or attempt to access the source code
  • Not scrape or extract data using automated tools

Any use of Site content outside these permitted uses requires written authorization from Flawless Bloom.

Viral Distribution

Flawless Bloom grants limited permission for users to share portions of Site content through social sharing features provided on the Site.

When sharing Site content, you agree not to:

  • Make false or misleading claims about Flawless Bloom products
  • Represent yourself as affiliated with Flawless Bloom
  • Imply endorsement by Flawless Bloom

For example, personal opinions such as “Flawless Bloom is my favorite skincare brand” are acceptable, but claims about medical benefits must not be made.

Widgets

The Sites may offer certain content that you may choose to include in your personal blog, web page, third-party website, or social media profile pages by copying and pasting the HTML or code provided by Flawless Bloom and identified as embed code (or a similar label) (“Widgets”). Widgets are considered Site Content and are subject to the revocable, limited license described above. You agree that you will not include or otherwise make available a Widget on any website or web page containing content that is unlawful, distasteful, abusive, threatening, tortious, harassing, defamatory, obscene, invasive of another person’s privacy, racially offensive, hateful, ethnically objectionable, or otherwise inappropriate (as determined solely by Flawless Bloom).

As explained in the “Disclaimer of Warranties” section of these Terms, Flawless Bloom does not make any specific warranties regarding Widgets. Flawless Bloom may discontinue the services necessary for the Widgets to function at any time for any reason without obligation or liability to you.

You agree that allowing you to use Widgets on your personal pages does not grant you (or any third party) any intellectual property rights in the Widget or any content made available through it. Flawless Bloom may disable Widgets included on your personal pages if you violate these Terms (as determined solely by Flawless Bloom) or for any reason without obligation or liability to you. You also agree not to use, or attempt to use, the Widget to display any content other than the content intended or provided by Flawless Bloom for that specific Widget.

Reporting Copyright and Intellectual Property Violations

You are not permitted to use the Sites for any purpose or in any manner that violates or infringes the rights of any third party. Flawless Bloom encourages users to report any content on the Sites that they believe infringes their rights. Only a person authorized to act on behalf of the owner of the intellectual property right may report potentially infringing content. If you believe in good faith that content available on any of the Sites infringes your trademark, copyright, or other intellectual property rights, please follow the process outlined below.

Pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”), Flawless Bloom has designated an agent to receive notifications of alleged copyright infringement and follows the notice procedures established by the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Flawless Bloom’s designated copyright agent with the following information as required under the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512:

(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on a single online site are covered by a single notification, a representative list of such works on that site;

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;

(d) information reasonably sufficient to allow us to contact the complaining party, such as a name, address, telephone number, and email address;

(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

If you believe that any content on the Site violates your intellectual property rights other than copyright, please provide Flawless Bloom with the following information:

(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;

(b) identification of the material claimed to be infringing or to be the subject of infringing activity, along with information reasonably sufficient to permit us to locate the material;

(c) an explanation of the rights you claim to own or represent, and the reason you believe the content infringes those rights, sufficient for us to evaluate your claim; and

(d) your accurate contact information.

Please send all notices regarding alleged copyright infringement or other intellectual property violations to Flawless Bloom’s designated copyright agent using the contact information below:

E-mail Address: store@flawlessbloom.com

Phone Number: +1 (800) 986-9321

NOTE: This contact information is provided solely for notices regarding potential copyright or other intellectual property infringement.

Flawless Bloom maintains a policy of terminating, in appropriate circumstances and at its discretion, users who are repeat infringers of intellectual property rights.

In certain situations, it may not be possible to determine whether the requirements of the DMCA have been satisfied or whether intellectual property rights have actually been infringed. In such cases, Flawless Bloom may request additional information before removing any material. If a dispute arises regarding the rightful ownership of the rights in question, we reserve the right to remove the disputed content, along with any allegedly infringing content, until the matter has been resolved.

You will be notified by Flawless Bloom if your material has been removed from the Site due to a third-party complaint alleging infringement of intellectual property rights.

Information And Content You Submit

The Sites may offer you the opportunity to participate and publicly post content through forums, interactive features, product reviews, comment sections, or other communication features (collectively referred to as “community features”). You may choose to post or submit videos, images, questions, written content, suggestions, feedback, comments, or other materials (collectively, “User Content”).

You agree that any User Content you submit will be treated as non-confidential and non-proprietary and will not be returned to you. By submitting User Content, you represent and warrant that either:

(i) you own all rights to the User Content you post or submit and have the authority to grant the licenses described in these Terms; or

(ii) you have obtained all necessary permissions, licenses, and rights from the rightful owners to submit such content and to grant Flawless Bloom the license described below. Upon request, you agree to provide Flawless Bloom with any documentation or verification reasonably required to confirm your compliance with these Terms.

You also acknowledge that the internet may be subject to security risks and breaches. Therefore, you understand that submitting User Content or other information through the Sites may not always be secure, and you should consider this before sharing any information with Flawless Bloom.

You retain ownership of your User Content; however, by submitting it, you grant Flawless Bloom and its affiliates, parent companies, subsidiaries, licensees, successors, and assigns, along with their respective directors, officers, employees, agents, and representatives (each a “Flawless Bloom Party” and collectively the “Flawless Bloom Parties”) an irrevocable, unrestricted, worldwide, transferable, perpetual, and royalty-free license (but not the obligation) to use, host, reproduce, distribute, copy, publish, display, store, adapt, modify, or otherwise utilize all or any portion of your User Content for any lawful purpose in any format, medium, platform, or technology now known or later developed.

You further agree that Flawless Bloom may use any ideas, concepts, or suggestions contained in your User Content for any purpose, including but not limited to developing, manufacturing, and marketing products or services, or creating educational or informational materials, without any obligation to compensate you. You also grant Flawless Bloom permission to display your User Content in searchable formats accessible to users of the Site and the internet. Except where restricted by law, you agree to waive any moral rights you may have in the User Content you submit, even if such content is edited, modified, or adapted.

You acknowledge that Flawless Bloom is not obligated to monitor, enforce, or protect the intellectual property rights associated with your User Content, although it reserves the right to do so. You further understand that Flawless Bloom may review, remove, decline to publish, or modify User Content at its sole discretion and may do so at any time without notice.

Unsolicited Ideas

Please do not submit unsolicited ideas, concepts, or materials to the Sites or to any Flawless Bloom Party. Flawless Bloom does not accept unsolicited submissions, including but not limited to ideas for products, services, marketing campaigns, website features, or business concepts. In many cases, projects developed by or on behalf of Flawless Bloom may appear similar to ideas developed independently by others. To avoid potential misunderstandings, we ask that you refrain from sending unsolicited content through the Sites, by mail, through community features, or otherwise.

If you nevertheless choose to submit unsolicited content, you agree that such submissions will be subject to the same terms and license described above in this section “Information and Content You Submit.”

User Interaction and Disputes

You are solely responsible for your interactions with other users of the Site.

Flawless Bloom does not monitor all user activity and is not responsible for disputes between users.

User Content Policy

When you upload, contribute, or otherwise submit User Content to the Sites, you agree to comply with the following requirements:

User Content must be your own

All User Content must be created and owned by you, be in the public domain, or be used with proper authorization. Anyone who has participated in the creation of your User Content, appears in it, or holds rights to it must have granted you permission to submit or distribute the content on the Sites and elsewhere. Upon request from Flawless Bloom, you agree to provide any releases, permissions, or documentation necessary to verify your compliance with these Terms.

No images or pictures of anyone but you and your family or friends

If you upload photos to the Sites, link to embedded videos, or include images of real individuals, you must ensure that they are of yourself or people you personally know who have given you permission to post their image or likeness.

No third-party materials

Your User Content must not contain phrases, trademarks, logos, branding elements, or other third-party materials without permission. Do not submit or upload content belonging to another person or entity without proper authorization, including materials copied from other websites or sources on the internet.

Music not allowed

User Content must not include music unless the music is entirely your original composition and performance, or you hold full rights to the work, including the performance rights. The use of copyrighted music, jingles, or other music owned by third parties is not permitted.

Only relevant User Content

Your User Content must relate to the subject matter of the Sites and should contribute meaningfully to the discussion or topic being presented. Content that is irrelevant, off-topic, or posted purely for disruption is not permitted.

Adhere to codes of social decency

Respectful communication is required at all times. Personal attacks, harassment, abusive language, threats, stalking, gossip, or insulting remarks are strictly prohibited. Your User Content must not include discriminatory, hateful, defamatory, obscene, indecent, sexually explicit, or otherwise offensive material related to race, national origin, gender, sexual orientation, disability, or similar characteristics. If your content could reasonably offend or harm others, it should not be posted on the Sites.

The Sites should not be used for commercial purposes

User Content must not promote, advertise, or market any product or service other than those offered on the Sites. You may not use User Content to solicit funds, promote external businesses, or participate in pyramid schemes or multi-level marketing activities.

The User Content must not be illegal, inappropriate, or violent

Your User Content must comply with all applicable laws and regulations. It must not promote illegal activities, violence, or harmful conduct, nor describe or encourage violent acts. If content is found to violate laws or contain inappropriate or violent material, Flawless Bloom reserves the right to take appropriate action at its sole discretion, including removal of the content and reporting the activity to law enforcement authorities.

Represent yourself honestly

You may not impersonate another individual, user, or organization, nor misrepresent your identity or your affiliation with any person, company, or Flawless Bloom.

Keep information private

Community features and forums on the Sites may be public. Content submitted may be viewed by other users. Therefore, you should not post personal or sensitive information about yourself or others, including phone numbers, addresses, email addresses, passwords, financial details, or other information that could be used to identify, contact, track, or impersonate someone.

Exercise caution when interacting with others

You are solely responsible for your interactions with other users, both online and offline. Flawless Bloom is not responsible for the conduct of any user of the Sites. While Flawless Bloom reserves the right to monitor discussions or disputes, it has no obligation to intervene. You should use caution, common sense, and sound judgment when sharing information or communicating with other users.

Do not damage anyone’s computers or the Sites

User Content must not contain viruses, spyware, Trojan horses, malware, or any other harmful technologies that could interfere with the operation of the Sites or compromise the security or functionality of any computer system.

Flawless Bloom reserves the right to review, remove, or modify any User Content that violates these policies or that it deems inappropriate, at its sole discretion.

Membership & Registration

Certain areas or features of the Sites may require you to register for an account or provide certain information in order to access specific services, participate in community features, or make use of certain functionality. If you choose to provide information to the Sites, you agree that all information you submit will be complete, current, accurate, and truthful, and that you will update such information as necessary to keep it accurate.

If you register for an account with Flawless Bloom, you accept responsibility for all activities that occur under your account or password. You also agree that you will not sell, transfer, or assign your membership or any rights associated with your account to another person or entity. Flawless Bloom reserves the right, at its sole discretion, to suspend, restrict, or terminate your account, or otherwise limit your access to the Sites, at any time without prior notice and without liability if we believe your conduct violates these Terms or applicable laws.

You are responsible for maintaining the confidentiality and security of your password and account credentials. You must not share your password with anyone else or allow another person to access or use your account. You are also prohibited from using another user’s account or login credentials. Flawless Bloom will not be responsible or liable for any loss or damage that may result from your failure to protect your account information, from allowing others to use your account, or from using another person’s account without authorization. If you suspect or become aware of any unauthorized use of your account or password, you must notify us promptly.

You are responsible for obtaining and maintaining all equipment, software, internet connections, and other services necessary to access and use the Sites, including any associated costs. You also agree to comply with all applicable rules, laws, and regulations governing your use of the Sites, including those related to the transmission or use of any data or software.

By providing your contact information to Flawless Bloom, including your email address or mobile phone number, you consent to receive communications from us regarding your account, purchases, updates, or other information related to the Sites. Providing your contact information does not require you to receive marketing communications in order to purchase our products or services. However, if you choose to provide your mobile phone number, you agree that Flawless Bloom or its authorized service providers may send you text messages, which may sometimes be delivered using automated technology, and standard message and data rates may apply depending on your mobile carrier or plan.

Sweepstakes, Contests & Promotions

Occasionally, Flawless Bloom may offer contests, sweepstakes, or promotional campaigns through the Site.

Such promotions may be governed by additional rules or eligibility requirements that will be disclosed separately.

Third-Party Links and Services

The Sites may contain links to third-party websites, services, applications, or features that are provided for your convenience. These may include external platforms, content providers, or online stores operated by third parties that may feature or sell Flawless Bloom products. The Sites may also display or include content created or maintained by third parties that Flawless Bloom does not control or operate.

Flawless Bloom does not monitor, control, or endorse any third-party websites, services, or content. Therefore, you acknowledge and agree that Flawless Bloom is not responsible or liable for the availability, accuracy, content, policies, or practices of any third-party sites or services that may be linked to or accessible from the Sites. Your interaction with or use of such third-party websites, services, or features is entirely at your own risk and is subject to the terms, conditions, and privacy policies established by those third parties.

YOUR BUSINESS DEALINGS OR CORRESPONDENCE WITH ANY THIRD PARTY FOUND THROUGH OR LINKED FROM THE SITES, INCLUDING BUT NOT LIMITED TO PAYMENT TERMS, PRODUCT WARRANTIES, REPRESENTATIONS, OR OTHER AGREEMENTS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. FLOSSLESS BLOOM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, OR OTHER ISSUES ARISING FROM SUCH DEALINGS OR FROM YOUR USE OF ANY THIRD-PARTY SERVICES OR CONTENT.

Social Features

Some features of the Sites may allow you to connect or interact with social media platforms or other third-party online services. These features may include options that allow you to link your account, share content from the Sites, or interact with other online services through your social media profile.

By using these social features, you acknowledge and agree that certain information may be shared between your social media account and the Sites. Depending on the functionality you choose to use, information from your account on the Sites may be displayed on the third-party platform, and information from the third-party platform may be made available to the Sites.

If you choose to connect your social media account or use social features, you understand and accept that:

(i) information related to your account may be shared with the third-party platform;

(ii) the use of such features may result in certain personally identifiable information being disclosed or associated with your social media profile; and

(iii) your use of these features is entirely voluntary and at your own risk.

Flawless Bloom does not control the privacy practices or policies of any third-party social media platforms or services. Your use of those platforms and services will be governed by their respective terms and privacy policies. You are responsible for reviewing any notices, permissions, or settings presented when connecting or using these social features, including any information regarding the sharing of your personal information.

Linking Policy

Flawless Bloom grants you a limited, revocable permission to link to the Sites, provided that your link complies with the conditions outlined below. Any link to the Sites must adhere to the following requirements:

(a) The link must not create a frame, border, or browser environment around any portion of the Sites or otherwise mirror or replicate any content from the Sites.

(b) The link must not falsely imply that Flawless Bloom, its brands, or the Sites sponsor, endorse, or are affiliated with any third party, its products, or its services without prior written permission from Flawless Bloom.

(c) The link must not present false, misleading, or inaccurate information about Flawless Bloom or its products and must not damage, tarnish, or otherwise harm the reputation of Flawless Bloom in any way.

(d) The link must not use any Flawless Bloom trademarks, logos, or brand elements without prior written consent from Flawless Bloom.

(e) The link must not appear on or be associated with any website or content that may be considered unlawful, offensive, inappropriate, controversial, or otherwise objectionable in the sole discretion of Flawless Bloom.

(f) The website or platform containing the link must be owned or controlled by the person or entity placing the link and must comply with these Terms.

By linking to the Sites, you agree to comply with all of the above linking requirements and acknowledge that Flawless Bloom reserves the right to revoke permission to link to the Sites at any time and for any reason, at its sole discretion.

Mobile Features

The Sites may offer services or features that are accessible through your smartphone, tablet, or other mobile devices. These features may include, but are not limited to, the ability to access Site content, upload information, receive notifications, or receive SMS or other mobile communications related to the Sites or Flawless Bloom products and services.

Your mobile carrier may charge standard messaging, data, or other applicable fees for using these features. Flawless Bloom is not responsible for any such charges, and you are solely responsible for any fees associated with your mobile carrier or service provider.

Charges related to mobile services may be deducted from your prepaid balance or may appear on your mobile phone bill, depending on your carrier and service plan. Your carrier may restrict or prohibit certain mobile features, and some mobile features may not be compatible with all mobile devices or carriers. If you have questions regarding messaging or data charges, you should contact your mobile carrier directly.

Where applicable, instructions on how to opt out of mobile communications or features will be provided in connection with the mobile service.

By registering for or using mobile features, you agree that Flawless Bloom may send communications to your mobile device regarding your account, the Sites, or products and services you have requested or signed up to receive. If you change your mobile phone number, you agree to promptly update your account information on the Sites so that your contact details remain accurate.

Disclaimer of Warranties

THE SITES (INCLUDING, BUT NOT LIMITED TO, ALL SITE CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLAWLESS BLOOM AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, LICENSEES, SUCCESSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “FLAWLESS BLOOM PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, CUSTOM OR TRADE PRACTICES, FREEDOM FROM COMPUTER VIRUSES, AND SYSTEM INTEGRATION. THE FLAWLESS BLOOM PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THEY DISCLAIM SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THE FLAWLESS BLOOM PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLAWLESS BLOOM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS PROVIDED ON THE SITES, INCLUDING ANY INSTRUCTIONS OR CONTENT.

YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL NECESSARY HARDWARE, SOFTWARE, INTERNET ACCESS, AND OTHER SERVICES REQUIRED TO ACCESS AND USE THE SITES, INCLUDING ANY RELATED COSTS. YOUR USE OF THE SITES AND ANY RELIANCE ON THEIR CONTENT IS ENTIRELY AT YOUR OWN RISK. NO STATEMENT, ADVICE, OR OPINION PROVIDED BY ANY FLAWLESS BLOOM PARTY, WHETHER ON THE SITES, IN RESPONSE TO USER QUESTIONS, OR THROUGH OTHER COMMUNICATIONS, SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

BY USING THE SITES, YOU AGREE THAT YOU ARE DOING SO AT YOUR OWN RISK AND THAT YOUR ACTIVITIES ON THE SITES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN THE JURISDICTION FROM WHICH YOU ACCESS OR USE THE SITES.

THE FLAWLESS BLOOM PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY ADVICE, OPINION, STATEMENT, INFORMATION, OR USER CONTENT PROVIDED BY THIRD PARTIES (INCLUDING OTHER USERS) ON THE SITES. THE FLAWLESS BLOOM PARTIES DISCLAIM ANY LIABILITY FOR ANY LOSS, DAMAGE, CLAIM, INJURY, OR OTHER LIABILITY OF ANY KIND RESULTING FROM OR ARISING OUT OF SUCH THIRD-PARTY CONTENT OR INFORMATION OBTAINED THROUGH THE SITES.

YOU ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, RELIABILITY, AND USEFULNESS OF ANY INFORMATION OR CONTENT AVAILABLE ON THE SITES. THE SITES MAY CONTAIN ERRORS, INACCURACIES, OR TYPOGRAPHICAL MISTAKES, AND UNAUTHORIZED CHANGES MAY BE MADE BY THIRD PARTIES. WHILE FLAWLESS BLOOM MAY ATTEMPT TO MAINTAIN THE ACCURACY AND INTEGRITY OF THE SITES, THE FLAWLESS BLOOM PARTIES DO NOT GUARANTEE THE COMPLETENESS, CORRECTNESS, OR RELIABILITY OF THE SITES OR THEIR CONTENT.

Limitation Of Liability; Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLAWLESS BLOOM AND ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, LICENSEES, SUCCESSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “FLAWLESS BLOOM PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY:

(A) THE SITES, INCLUDING ALL SITE CONTENT;

(B) ANY USER CONTENT SUBMITTED OR POSTED ON THE SITES;

(C) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITES;

(D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES OR BY THE FLAWLESS BLOOM PARTIES REGARDING YOUR USE OF THE SITES;

(E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT HOLDERS OR OTHER INTELLECTUAL PROPERTY OWNERS;

(F) ANY ERRORS, OMISSIONS, OR TECHNICAL ISSUES RELATED TO THE OPERATION OF THE SITES; OR

(G) ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR OTHER TECHNOLOGY, INCLUDING DAMAGE CAUSED BY VIRUSES, MALWARE, BUGS, SECURITY BREACHES, FRAUD, TAMPERING, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, NETWORK OR COMPUTER LINE FAILURE, OR OTHER TECHNICAL MALFUNCTIONS, EVEN IF FORESEEABLE OR EVEN IF THE FLAWLESS BLOOM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHERWISE, AND WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, TELECOMMUNICATION FAILURE, ACTS OF GOD, OR OTHER CAUSES BEYOND THE CONTROL OF THE FLAWLESS BLOOM PARTIES.

UNDER NO CIRCUMSTANCES SHALL THE FLAWLESS BLOOM PARTIES BE LIABLE FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SITES OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE FLAWLESS BLOOM PARTIES FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SITES SHALL NOT EXCEED THE GREATER OF TEN U.S. DOLLARS (US $10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SITES.

IN THE EVENT THAT YOU INCUR ANY LOSS, DAMAGE, OR INJURY ARISING FROM THE ACTS OR OMISSIONS OF FLAWLESS BLOOM, YOU AGREE THAT SUCH DAMAGES WOULD NOT BE IRREPARABLE AND WOULD NOT ENTITLE YOU TO SEEK OR OBTAIN ANY INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE OPERATION, DEVELOPMENT, ADVERTISING, DISTRIBUTION, OR USE OF THE SITES OR ANY PRODUCTS, SERVICES, OR OTHER CONTENT PROVIDED BY FLAWLESS BLOOM.

BY ACCESSING OR USING THE SITES, YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS RELATED TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED AT THE TIME YOU AGREE TO THESE TERMS. TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND ANY SIMILAR LAW IN ANY OTHER JURISDICTION, WHICH PROVIDES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnification

You agree to defend, indemnify, and hold harmless Flawless Bloom and its affiliates, parent companies, subsidiaries, licensees, successors, and assigns, and their respective directors, officers, employees, agents, and representatives (collectively, the “Flawless Bloom Parties”) from and against any and all claims, demands, losses, damages, judgments, investigations, liabilities, costs, and expenses, including reasonable attorneys’ fees, that arise out of or relate to, directly or indirectly:

(a) your breach or anticipated breach of these Terms or any additional terms applicable to the Sites;

(b) your use of the Sites or any activity conducted through your account or in connection with the Sites;

(c) any User Content you submit, post, upload, or otherwise provide, including your use of applications, widgets, or other interactive features;

(d) your violation of any applicable law, regulation, rule, ordinance, or governmental order, including those issued by administrative, regulatory, or legislative authorities;

(e) any material or information transmitted through your device (including smartphones, computers, or other electronic equipment) that infringes upon or misappropriates the rights of any third party, including but not limited to copyrights, trademarks, trade secrets, patents, privacy rights, publicity rights, or other intellectual property rights;

(f) any false or misleading statements or misrepresentations made by you; or

(g) the authorized use of your User Content by the Flawless Bloom Parties as permitted under these Terms, the Privacy Policy, or any other agreement between you and Flawless Bloom.

You agree to fully cooperate with the Flawless Bloom Parties in the defense of any claim that is subject to indemnification under these Terms.

Flawless Bloom reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree not to settle or resolve any such claim without the prior written consent of an authorized representative of Flawless Bloom.

Termination

Flawless Bloom reserves the right to suspend or terminate your access to the Site at any time if you violate these Terms or engage in activities that may harm the Site or its users.

Location Of Site And Territorial Restrictions

Unless otherwise specified, the Sites are operated from the United States, and any promotions, offers, coupons, or programs available through the Sites are intended primarily for residents of the United States and its territories. Availability of certain products, services, or promotions may vary depending on geographic location.

The information provided on the Sites is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable laws or regulations, or where it would require Flawless Bloom to register or comply with additional regulatory requirements within that jurisdiction.

Flawless Bloom operates and controls the Sites from its offices in the United States and does not make any representation or warranty that the content, services, or products available through the Sites are appropriate or available for use in other locations. Individuals who choose to access the Sites from locations outside the United States do so at their own initiative and risk and are responsible for complying with all applicable local laws, regulations, and requirements related to online conduct and acceptable content.

Flawless Bloom reserves the right, at its sole discretion, to limit or restrict access to the Sites or any portion of the Sites to individuals located in certain jurisdictions or geographic areas. We may also limit the availability, pricing, or quantity of products, services, programs, or features offered through the Sites based on geographic location.

Any software, applications, or downloadable materials made available through the Sites may be subject to United States export control laws and regulations. Such software may not be exported, re-exported, or transferred to any country, individual, or entity that is restricted under United States export laws or listed on any U.S. government prohibited or restricted parties list. By downloading or using any such software or materials, you represent and warrant that you are not located in, under the control of, or a resident of any country or entity subject to such restrictions.

Disputes And Arbitration

In the event of any dispute, claim, or concern involving Flawless Bloom, you agree to first submit the matter to the Customer Support Department of Flawless Bloom within 30 days of the event giving rise to the dispute. You may contact the Customer Support Department by postal mail at store@flawlessbloom.com or by email at store@flawlessbloom.com. You agree to allow Flawless Bloom at least 30 days to review and attempt to resolve the matter before pursuing any further legal action.

Except for disputes involving alleged infringement or misuse of intellectual property rights (including trademarks, copyrights, patents, or trade secrets) or where Flawless Bloom seeks injunctive or equitable relief (collectively, “Excluded Disputes”), you agree that any dispute, claim, or controversy between you and Flawless Bloom—whether related to these Terms, your purchase of any Flawless Bloom product, your use of the Sites, or any promotions or advertisements—shall be resolved through binding, individual arbitration administered under the rules of the American Arbitration Association (AAA) applicable to consumer disputes. By agreeing to arbitration, you waive your right to a trial by jury and agree that any arbitration will be conducted only on an individual basis. Neither you nor Flawless Bloom shall participate in any class action, class-wide arbitration, or representative proceeding.

This arbitration agreement shall be governed by the Federal Arbitration Act, and, where applicable, the laws of the State of California, without regard to its conflict of law principles. Arbitration proceedings will take place in Los Angeles County, California, and will be conducted in the English language by three arbitrators appointed in accordance with the rules of the American Arbitration Association. If the American Arbitration Association is unable or unwilling to schedule a hearing within 160 days from the filing of the arbitration, either party may elect to have the arbitration administered by Judicial Arbitration and Mediation Services (JAMS) instead.

For claims of less than $10,000, you may elect to have the arbitration conducted by telephone or online submission, where such options are available. If an in-person arbitration hearing is required and it takes place in the county where you reside at the time the dispute is submitted to arbitration, Flawless Bloom will pay the arbitration costs (excluding attorneys’ fees) for claims under $5,000 if you prevail. In other circumstances, arbitration costs will be shared equally between the parties, and each party will be responsible for their own legal fees and related expenses unless otherwise required by applicable law.

Any decision or award rendered by the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Notwithstanding any provision of law to the contrary, the arbitrator(s) shall not have the authority to award punitive or exemplary damages unless expressly permitted by applicable law.

Miscellaneous

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable by a court or other authority of competent jurisdiction, such provision shall be deemed severable from the remaining provisions of these Terms. The remaining provisions shall continue to remain valid, enforceable, and in full force and effect.

These Terms constitute the entire agreement between you and Flawless Bloom regarding your access to and use of the Sites and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the same subject matter.

Our Right To Update These Terms

Flawless Bloom reserves the right to update or modify these Terms at any time. Any revised or updated versions of these Terms will be posted on this page along with the updated effective date.

By continuing to access or use the Sites after any changes to the Terms have been posted, you agree to be bound by the revised Terms. For this reason, you are encouraged to review these Terms periodically before using the Sites.

Unless otherwise stated, the updated Terms will become effective immediately upon posting and will apply to your continued use of the Sites from that point forward.

Contact Information

If you have any questions regarding these Terms of Service, please contact us through the Contact Us page on our website.