TERMS OF USE
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING WWW.IPSY.COM (THE "SITE") OR ANY SERVICE OFFERED BY PERSONALIZED BEAUTY DISCOVERY, INC. ("IPSY," "WE," OR "US"). BY VISITING, BROWSING, OR USING THE SITE OR ANY IPSY SERVICE, INCLUDING WITHOUT LIMITATION, IPSY MEMBERSHIPS, IPSY SHOP, IPSY CONTENT, OR ANY ADDITIONAL IPSY SERVICE, YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT. BY AGREEING TO THESE TERMS OF USE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE U.S., ITS TERRITORIES, OR CANADA AND THAT YOU ARE AN INDIVIDUAL OF LEGAL AGE TO FORM A BINDING CONTRACT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS OF USE. UNDER NO CIRCUMSTANCES MAY YOU ACCESS OR USE THIS SITE OR ANY IPSY SERVICE IF YOU ARE UNDER THIRTEEN (13) YEARS OLD.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, ANY AND ALL DISPUTES BETWEEN YOU AND IPSY SHALL BE RESOLVED THROUGH BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS, IN ACCORDANCE WITH SECTIONS 9 AND 10 OF THIS AGREEMENT. BY AGREEING TO THESE TERMS, YOU ARE WAIVNG YOUR RIGHTS TO RESOLVE DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND TO PROCEED AGAINST IPSY ON A CLASS OR REPRESENTATIVE BASIS.
Use of the Site is void where prohibited by law. In addition to these Terms of Use, you must also comply with the IPSY policy documents listed below (if applicable to your use of the Site or IPSY Services), and all other operating rules, policies, and procedures that IPSY may publish from time to time on the Site, each of which is incorporated herein by reference and each of which IPSY may update from time to time without notice to you:
IPSY Copyright and Intellectual Property Policy
IPSY Vulnerability Disclosure Policy
Certain IPSY Services may be subject to additional terms and conditions that IPSY may post on the Site from time to time. To be eligible for such services, you must comply with those additional terms and conditions in Section 4, which are incorporated by reference into this Agreement. See Section 13 below for more information regarding modifications to these Terms of Use.
This Agreement applies to all Site visitors and users of the Site or IPSY Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any IPSY Service. If you have any questions, please refer to the Site's FAQs at help.ipsy.com.
1. WELCOME TO IPSY!
IPSY operates an online beauty community on the Site and on social media platforms such as Facebook, Instagram, Pinterest, YouTube, and TikTok (collectively, the "IPSY Online Community"). Our community is a place for you to express your unique beauty.
IPSY offers its community members various beauty services: beauty subscription services, exclusive beauty deals on IPSY Shop, beauty tips and how-to videos, video blogs, and other services offered from time to time (collectively, the “IPSY Services”). By taking the beauty quiz on our Site and registering on ipsy.com, you become an ”Ipster”.
2. SUBSCRIPTION SERVICES
IPSY offers various membership subscription services (“Memberships”) consisting of monthly or quarterly cosmetic bags or boxes containing a variety of travel-size or full-size beauty products, that may include color cosmetics, skin care, hair care, beauty tools, and the like (“IPSY Box”). In most instances, we will curate the contents of your IPSY Box based on the responses you provided in your beauty quiz, your product reviews, and other feedback you choose to provide to us from time to time. Depending on the IPSY Box you choose, you may have the opportunity to choose one or more of the products you will receive. From time to time, IPSY may also offer other products on a subscription basis at a separate price to supplement your Membership. Due to the limited availability of certain products, we make no guarantees that you will receive a particular product.
Billing Frequency. The IPSY Boxes are billed on a recurring monthly, quarterly, or annual basis at the then current fee depending on the plan that you choose (“Subscription Fee”). Members will also pay applicable shipping and taxes as itemized on the billing summary page when you purchase your subscription. The applicable Subscription Fee for your IPSY Box is also listed on the Your Membership page in your Account. IPSY reserves the right to adjust the Subscription Fees, or availability of any particular item, at its discretion and without notice, provided that IPSY will, as required by law, provide notice before changing the Subscription Fees for existing subscribers. By signing up for a Membership, you agree to be automatically billed indefinitely using the Payment Method, as defined below, on file until you cancel your subscription according to the Cancellation paragraph below. You may subscribe, cancel and resubscribe anytime and as often as you like.
Payment Method. Payment Method means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your Membership before it renews in order to avoid billing of the Subscription Fees for the next billing cycle to your Payment Method (see "Cancellation" below). You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your Subscription Fee. If your payment method(s) on file fails for any reason, IPSY may continually attempt to charge such payment method until payment is successful.
Add-ons. As an IPSY Member, you will have the opportunity to select additional products to be included in your IPSY Boxes for an additional price. These "add-on" products will be available for a limited time during designated days at the beginning of each month until products sell out, whichever is sooner. You will receive a notice via email or text when add-ons are available. In order to purchase the available add-ons, click through your notice or visit ipsy.com to view the available add-ons and the cost for each. You may choose which add-on products to purchase or none at all. Once you submit your order, the cost for the add-on products will be charged to the Payment Method you have on file. The add-ons you purchase, if any, will be shipped with your IPSY Box to the shipping address on file. Because add-ons require additional steps to prepare your IPSY Boxes, purchasing add-ons may cause a slight delay in the shipment process.
Cancellation. You may cancel your Subscription at any time by logging into your Account and navigating to Your Membership. From there, click on Cancel Membership and follow the cancellation procedures. If you need help, feel free to contact us using this link:help.ipsy.com. In order to avoid being charged for the next monthly IPSY Box, you must cancel on or before the 25th day of the month at 11:59 pm, Pacific time. For example, if you cancel by April 25th, you will not receive the May IPSY Box. However, if you cancel on April 26th, you will still be billed for and receive the May IPSY Box but you will not receive the June IPSY Box. If you subscribe to a quarterly IPSY Box, you must cancel on or before 11:59 pm, Pacific time on the 25th day of the month before the next quarterly box is shipped. If you are an annual subscriber, you must cancel on or before 11:59 pm, Pacific time on the 25th day of the month before your annual subscription renews.
Adjust Frequency / Skip a Month. You may adjust the frequency at which you receive your monthly IPSY Box at any time. By adjusting the frequency, you will receive and be billed for your IPSY Box every other month until you choose to resume monthly billing or cancel. To enable this, log into your Account and navigate to Your Memberships and click on Adjust Frequency. If you make the adjustment on or before 11:59 pm, Pacific time on the 25th day of the current month, your next IPSY Box will arrive in two months and you will be billed accordingly.
You may also choose to skip receiving an IPSY Box one month at a time. To do this, log into your Account and navigate to Your Memberships and click on Skip a Month. If you enable Skip a Month on or before 11:59 pm, Pacific time on the 25th day of the current month, you will not receive and you will not be billed for the next IPSY Box. The monthly IPSY Box will automatically resume the month following the skipped month unless you submit another request on or before 11:59 pm, Pacific time on the 25th day of the skipped month.
All Sales Final. IPSY does not accept returns of any IPSY Box you receive or any individual product contained in it. IPSY also does not process refunds. If you have concerns about the IPSY Box you have received or any of the products in it, please contact IPSY Care by visiting: help.ipsy.com. We will work with you to address your concerns.
Limits on Transactions: Products received through your IPSY Box subscription are for individual use only, and we do not authorize the purchase of such merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
3. IPSY Shop
IPSY uncovers amazing beauty finds from brands we love and offers them for purchase on IPSY Shop. Go to www.ipsy.com/shop to find amazing, limited time deals just for our IPSY Members. We also post special deals on our social media platforms on a regular basis, so keep an eye out for great products at great prices! You do not need to have an active subscription to make purchases at the IPSY Shop.
Limited Availability: Special offers such as Deals of the Day and Mega Drop Shop are available for purchase only during limited periods and only while supplies last, on a first-come, first-served basis. Quantities will be very limited.
Order Confirmation: You will receive an email from IPSY confirming all of the details of your order ("Confirmation Email"). Orders will be shipped to the address on file in your IPSY account. We ship by standard ground shipping.
Limits on Transactions: Purchases made from the IPSY Shop are for individual use only, and we do not authorize the purchase of our merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Pricing and Use in the United States: Prices are in United States ("U.S.") currency. All information we collect and information related to IPSY Shop orders is processed within the United States. Because product information is provided according to U.S. standards, we make no guarantees that IPSY Shop merchandise are appropriate or available for use in locations outside the U.S. You agree to comply with all applicable laws, rules and regulations in connection with your use of IPSY Shop purchases.
4. ADDITIONAL IPSY SERVICES
From time to time, IPSY may offer additional services or programs (“Additional IPSY Services”) at its sole discretion. These Additional IPSY Services may be subject to the additional terms and conditions specific to the Service. IPSY reserves the right to terminate, discontinue or cancel any Additional IPSY Service at any time and in its sole discretion without notice and without further obligation to you, except as may be required by law. Terms and conditions for Additional IPSY Services are linked below and incorporated into this Agreement by reference.
Gift a Subscription
Points Program
Earning Points: To earn Points, you must be an active IPSY Member or on the waitlist. You can earn Points in a variety of ways, including following IPSY’s social media channels, reviewing products and referring your friends to IPSY. Check out the Site's Points tab for more information.
Refer a Friend: You may earn points by referring a friend to join IPSY through one of the referral methods described at the Site's Points tab. Please only refer people whom you personally know. You may be disqualified from the Points program and forfeit all of your accumulated points if IPSY learns that you are using the referral tools to send spam to people you don't know. While you may send referral messages to as many friends as you like, you may only earn points for a maximum of 40 friends per calendar year who join IPSY from your referral through email, text messages, or direct messaging through social media. For purposes of this program, a calendar year is January 1 to December 31.
Points Balance: You can check your Points balance at any time by signing into your IPSY account and checking your Points tab on the Site.
Redeeming Points: To redeem Points you must have an active IPSY Membership. If you are on the waitlist you can't redeem Points until you are off the waitlist and purchase an active IPSY Box Subscription. Any earned Points remain in your account until they expire. Points are redeemable towards rewards products ("Rewards") available on the Site as long as you have sufficient points for a Reward. Points can be used to redeem only one of each type of Reward. Redemption values will vary. The maximum number of Rewards that can be collected is nine per calendar month per IPSY Member. Your Points have zero cash value, so you can't redeem them for cash or credit. To redeem your Points, simply log into your account, go to the Points tab and view the Rewards available at that time. If you see something you like and you have earned the required number of Points, click the button that says "REDEEM". When you click this button, your Points will be used, and the Reward you have chosen will be shipped in your next IPSY Box shipping cycle. Please note that adding a product through Points may cause a delay in your IPSY Box Shipment.
Expiration of Points: Points expire one year from the date they were first earned even if you have an active Membership or on the waitlist. If you don't redeem your Points within this time frame, you will automatically forfeit them. Your Points Activity shows you the dates on which you earned your Points.
Limited Availability of Rewards: Rewards quantities are limited and are available only while supplies last.
No Returns: Rewards earned by redeeming points are not returnable for a refund or credit. Since Points have no cash value, we will not issue any cash or credit for them.
Effect of Membership Cancellation: If you cancel your Membership, we will save your Points until their expiration date one year from the date they were first earned. If you re-subscribe to the membership before the Points expire, your Points will be right there waiting for you, though they will be subject to expiration one year from the date they were first earned (see "Expiration of Points" Section above). If you cancel your Membership before we are able to ship you a Reward you requested, then we will refund the Points used for that Reward to your account.
Questions: If you have any questions about the Points program, please visit us at help.ipsy.com.
5. SHIPPING
Title and Risk of Loss: A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Customs and Taxes: Recipients of international shipments may be subject to import taxes, fees, and customs duties (hereafter, "Service Fees"), levied by the customs office of your shipping destination.
To simplify the customs clearance process on products shipped by IPSY, you will be charged for payments made to the shipper on your behalf. It can vary depending on the number of items you purchase and the destination. The Service Fees may not represent the actual amount paid to the customs authorities.
Import Regulations: You are the importer of record and must comply with all applicable laws and regulations of the destination country. Customs delays can affect original delivery estimates.
6. PRODUCT MANUFACTURE AND INGREDIENTS
All products distributed through the Site are manufactured by their respective brands. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. We review the ingredients in each beauty product we distribute to confirm the ingredients comply with industry standards. It is your responsibility to review the ingredients as well, to avoid allergic reactions or other side effects personal to you.
U.S. residents who want to report a concern regarding any cosmetic product obtained from any source can contact the U.S. Food and Drug Administration at https://www.fda.gov/Cosmetics/ComplianceEnforcement/AdverseEventReporting/default.htm. Canadian residents can complete a Consumer Product Incident Report Form at www.hc-sc.gc.ca
Limitations: For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warning many not be destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from IPSY.com, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
7. ELIGIBILITY TO USE THE SITE AND IPSY SERVICES
General. You may access the Site without incurring any fees or becoming an Ipster. However, you will be required to join IPSY and must be a legal resident of the United States, U.S. Territories, or Canada to use certain Site features and IPSY Services.
Residency. The IPSY Services are limited to legal residents of the United States, U.S. Territories, or Canada. Please note that we may sell items or include products in the IPSY Box that are classified as ORM-D, which prevents us from shipping them to certain locations. We make no guarantee that you will be eligible to receive every product we sell or distribute.
Fees. It's free to use the Site, but the Memberships and IPSY Shop require that you make a purchase.
IPSY's Right to Revoke, Suspend, or Restrict Eligibility: IPSY reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. IPSY may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any IPSY Service. If IPSY bans you from the Site or any IPSY Service, you may not return to the Site or use that IPSY Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the IPSY Service after you've been banned, you will be deemed to have breached this Agreement, and IPSY reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.
8. GENERAL TERMS OF USE FOR OUR SITE AND ALL THE IPSY SERVICES
Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify IPSY of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. IPSY will not be liable for any loss or damage arising from your failure to comply with this Section.
Account Information: In the course of your use of the Site or IPSY Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, "Account Information"). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. IPSY's Privacy Notice, which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.
SMS Terms: By providing your mobile number and opting into receiving text messaging (SMS Messages), you allow IPSY to contact you through the phone number you provide. When you opt-in to SMS Messaging Services, we will send you an SMS message to confirm your signup. Once confirmed, we will text you about new products, specials and promotions such as “sneak peaks” or when your subscription ships. Message frequency varies. You may cancel the SMS Service at any time. Reply “STOP” to cancel and “HELP” for assistance. For assistance, please contact help.ipsy.com. The SMS Messaging Service is provided by participating third-party mobile phone/wireless carriers. Message and data rates may apply. If you have any questions regarding your text or data plan, please contact your mobile phone/wireless carrier. Carriers are not liable for delayed or undelivered messages. Information you provide in your Account, including email address and mobile number, are subject to the terms of our Privacy Notice.
Account Transfer Prohibited: You may not transfer or sell your IPSY account or username to any other party. You are fully responsible for all activity of your IPSY account and username.
General Practices Regarding Site Use and Storage: You acknowledge that IPSY may establish general practices and limits concerning Site use and storage. You agree that IPSY has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that IPSY may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.
Site Content: Other than content submitted to the IPSY Online Community by users ("User Content"), we own, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data, and materials (collectively, "Site Content"), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don't own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without IPSY's prior written permission.
You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.
User Content: You must own all User Content you submit to any IPSY Online Community or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities in the IPSY Online Community and you submit User Content at your own risk.
IPSY does not claim ownership rights in your User Content. When you submit User Content to any IPSY Online Community you grant us a license to use such content, but you retain ownership.
By uploading User Content on the Site, you agree to the IPSY User Generated Content Terms of Use and hereby grant IPSY a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or later developed. You agree to allow IPSY to store, translate or reformat your User Content on the Site and display your User Content on the Site in any way IPSY chooses, for any purpose whatsoever, including for promotional or commercial purposes, without compensation or accounting to you and without further recourse by you. We will only use personal information in accordance with our Privacy Notice.
Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold IPSY harmless for any dispute concerning such re-posting. IPSY assumes no responsibility for any third party's intellectual property infringement of User Content.
Prohibited User Conduct: You agree that while using the Site and IPSY Services, you shall not:
submit any content to the Site that is false, defamatory, objectionable or otherwise illegal;
impersonate any person or entity, whether actual or fictitious, including anyone from IPSY, its affiliates, or another Ipster;
misrepresent your affiliation with any third party;
post or republish third party advertising on any part of the IPSY Online Community;
attempt to gain unauthorized access to other computer systems through the Site;
use the Site, IPSY Services or any part of the IPSY Online Community in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion;
use the Site or any part of the IPSY Online Community for purposes of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or IPSY Online Community or which, as determined by us in our sole discretion, may harm IPSY or users of the Site or expose them to liability;
Use spiders, bots or any other type of crawling or collecting technology to scrape, gather or compile information from the Site; or
launch any third party attack, hack, penetration, denial of service attack or breach any third party website, service or internet asset.
Information on the IPSY Online Community: We control and operate the Site from the United States. IPSY does not control User Content postings to the remainder of the IPSY Online Community. The views expressed in the IPSY Online Community do not necessarily reflect or represent the views of IPSY, its staff or creators.
IPSY reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the IPSY Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. IPSY also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.
You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact IPSY Care at help.ipsy.com. We will review your concerns in good faith. If you want us to remove User Content posted by you, please contact IPSY Care at help.ipsy.com. We will remove your User Content as soon as reasonably possible. Please also review our Copyright and Intellectual Property Policy.
Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.
Payments: Prices are quoted in U.S. dollars. You agree to pay in full the price for each IPSY Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to IPSY as each payment, if any, is due. You agree to pay all applicable taxes, fees and custom charges, if any.
For IPSY Services subject to automatic renewal, you agree that IPSY may submit periodic charges (monthly or yearly) indefinitely until you provide notice that you wish to terminate the authorization or change your payment method. You agree that such notice will not affect charges submitted before IPSY could reasonably act.
Our total price for any IPSY Service involving your purchase of a product (IPSY Box Memberships and IPSY Shop) will include the price of the product plus any applicable sales taxes and shipping charges. Such sales taxes are calculated based on the shipping address on file with IPSY and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable.
Unless otherwise indicated, our total price for any IPSY Service involving your purchase of a product will include taxes and shipping fees.
Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.
Warranty Disclaimer: IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND IPSY SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM IPSY TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE THAT YOUR USE OF THE SITE, THE IPSY ONLINE COMMUNITY, AND THE IPSY SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT IPSY HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
Liability Limit: IN NO EVENT SHALL IPSY OR IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR IPSY SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO IPSY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity: YOU AGREE TO INDEMNIFY AND HOLD IPSY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. IPSY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH IPSY'S DEFENSE OF SUCH CLAIM.
9. LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND IPSY HAVE AGAINST EACH OTHER ARE RESOLVED. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, ANY AND ALL DISPUTES BETWEEN YOU AND IPSY SHALL BE RESOLVED THROUGH BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THIS AGREEMENT.
Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND IPSY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ACTUAL OR PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THIS MEANS:
A COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, OR OTHERWISE PRESIDE OVER A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING BETWEEN THE PARTIES, EXCEPT AS CONTEMPLATED FOR MASS ARBITRATIONS UNDER SECTION 10.
A COURT OR ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF TO THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS AND CANNOT BE USED TO DECIDE DISPUTES WITH OTHER USERS.
Legal Disputes: Pre-Arbitration Informal Dispute Resolution Process.
If a dispute arises between you and IPSY, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact IPSY Care at help.ipsy.com. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.
If you have availed yourself of our customer service department without satisfaction, you and IPSY agree to participate in an informal dispute resolution process prior to initiating a formal proceeding in arbitration or small-claims court. To initiate this process, the complainant must present to the other party a written Notice of Dispute. The Notice of Dispute must be on an individualized basis and must contain the following: (a) the complainant’s name and contact information (mailing address, phone number, and email address, and other iterations thereof associated with the dispute), (b) a description of the nature of the dispute, (c) the date of any purchase, transaction, or interaction at issue, and relevant documentation or screen captures if available; and (d) the relief sought. If you are the complainant, you must mail your Notice to IPSY, Attention: Legal Department, 903 Colorado Ave., Santa Monica, CA 90401. IPSY will send any Notice of Dispute to the most recent contact information we have on file for you. For a period of sixty (60) days from receipt of a compliant Notice of Dispute (or such longer period as is agreed upon in writing), you and IPSY will attempt to resolve the dispute through good-faith negotiations. During this time, you and IPSY must hold at least one telephonic or video dispute resolution conference. This conference must be individualized, such that a separate conference must be held for each complainant. If you or IPSY is represented by counsel, that counsel may participate, but you and a corporate representative from IPSY must also personally appear at and participate in the conference. Any relevant limitations period and filing fee(s) or other deadlines shall be tolled during the sixty-day informal dispute resolution period (or such longer period as is agreed upon in writing). After this sixty-day period, the relevant limitations periods and filing fee(s) or other deadlines shall no longer be tolled until filing is effectuated under Section 10.
Compliance with this pre-arbitration informal dispute resolution process is a prerequisite and condition precedent to initiating small-claims court or arbitration proceedings. Unless prohibited by law or applicable rules, an arbitration administration provider cannot accept or administer an arbitration, nor assess any fees, until these requirements are met.
Legal Disputes: Agreement to Arbitrate.
If we are unable to resolve a dispute through the informal dispute resolution process, any remaining controversy, allegation, dispute, or claim between you and IPSY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud and any other intentional tort or negligence), common law, constitutional provision, respondeat superior, agency, or any other legal or equitable theory, whether arising before or after the effective date of these terms, shall be resolved through final and binding arbitration. This includes, but is not limited to, those arising out of or related to these Terms of Use; the Privacy Policy; IPSY’s site and services; any advertising, marketing, or other communications with or regarding IPSY or its site or services; any Site Content or User Content; or any other interaction or transaction between you and IPSY, whether heretofore or hereafter arising, unless the claim fits into one of the Exceptions to Agreement to Arbitrate below. It also applies even after you no longer have a Membership and/or have deleted your IPSY account. If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and IPSY agree that we intend that this section satisfies the “writing” requirement of the FAA.
This Agreement to Arbitrate means that YOU AND IPSY EACH AGREE TO GIVE UP THE RIGHT FOR YOUR CLAIMS TO BE HEARD IN A COURT OF LAW AND BY A JUDGE OR JURY. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. If either IPSY or you do not like the arbitrator's decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law and rules, and these Terms of Use. An arbitrator’s award of damages and/or other relief must be consistent with the terms of the “Liability Limit” section above. If we have a dispute about whether this agreement to arbitrate is valid, can be enforced, or applies to our dispute, we agree that the arbitrator will decide that, too. In a Mass Arbitration as defined in Section 10, the parties agree that such disputes shall be decided by a Process Arbitrator.
IF WE HAVE A DISPUTE ARISING OUT OF OR RELATING TO THE INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING WITHOUT LIMITATION WHETHER IT IS VALID, CAN BE ENFORCED, OR APPLIES TO OUR DISPUTE, THE ARBITRATOR WILL DECIDE THAT. In a Mass Arbitration as defined in Section 10, the parties agree that such disputes shall be decided by a Process Arbitrator. The parties agree that a court of law shall have the authority to enjoin a court or arbitral filing in violation of Sections 9 and 10.
Legal Disputes: Exceptions to Agreement to Arbitrate.
Notwithstanding the foregoing, you and IPSY agree that we will go to court to resolve disputes relating to the following:
Your or IPSY's intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
Any claim made in small-claims court either in Los Angeles County, California, in the city or county where you live, or some other place we both agree on, if it qualifies to be brought in that court.
If a party initiates an arbitration for a claim subject to these Exceptions to Agreement to Arbitrate, the other party can send a written notice to the opposing party requesting that claim to proceed outside of arbitration. After receiving this notice, you and IPSY agree to jointly request that the arbitration provider administratively close the case.
10. THE ARBITRATION PROCESS
The American Arbitration Association (AAA) will administer any arbitration between you and IPSY, and the AAA's rules and procedures (including their Consumer Arbitration Rules, Commercial Arbitration Rules, and Mass Arbitration Supplementary Rules, as applicable) will be used. If something in these Terms of Use is different than or inconsistent with the AAA's rules and procedures, then we will follow these Terms of Use. You can review the AAA's rules and procedures at www.adr.org/rules, or you can call the AAA at 1-800-778-7879.
To initiate arbitration, a party must provide the other party and the AAA a written Demand for Arbitration and comply with all filing requirements set forth in the applicable AAA rules. The AAA provides forms for Demands for Arbitration (Commercial Arbitration Demand and Consumer Arbitration Demand), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf. You are allowed to select the arbitration location as being in the county or province where you live or in Los Angeles County, California. We can also choose a third location if we mutually agree. By initiating an arbitration, the claimant and its counsel represent that, as in court, they are in compliance with the requirements of Federal Rule of Civil Procedure 11.
Unless otherwise required by the arbitrator or agreed by the parties, the parties and their counsel do not need to attend the arbitration in person and can conduct the arbitration by phone or videoconference. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. While most arbitrators render a verbal decision, both you and IPSY have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing.
Arbitration Costs
Except as set forth in this sub-section, each party shall bear the expense of its own costs, attorneys’ fees, experts, and witnesses in a dispute under this Section, and the payment of filing, administrative, and arbitrator fees and costs shall be governed by applicable AAA rules.
If your claim is for $10,000 (US) or less, IPSY is open to paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA. You must tell the AAA at the time you begin the arbitration proceeding. IPSY will be notified of your request. This offer is not applicable if your claim is one of more than five (5) similar claims asserted against IPSY where representation is consistent or coordinated across the cases.
If your claim is for more than US $10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, IPSY will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for you. This offer is not applicable if your claim is one of more than five (5) similar claims asserted against IPSY where representation is consistent or coordinated across the cases.
IPSY will not try to have you pay us back for covering your fees and will not try to make you cover its fees unless the arbitrator decides that your claims are frivolous or were brought for an improper purpose and it is fair to make you do this under the circumstances. If the arbitrator finds that either the claim(s) or the relief sought by a claimant are frivolous or were brought for an improper purpose, as measured by the standards set forth in Federal Rule of Civil Procedures 11, then the respondent may seek fee- and/or cost-shifting.
Mass Arbitration Procedures
The following batching process and the AAA Mass Arbitration Supplementary Rules shall apply when twenty-five (25) or more similar demands are asserted against IPSY and where representation of the claimants is consistent or coordinated across the cases (a “Mass Arbitration”).
At the outset of such disputes, you and IPSY agree to delegate to a Process Arbitrator all matters listed as within the scope of a Process Arbitrator’s authority under the Mass Arbitration Supplemental Rules, as well as disagreements concerning the validity, enforceability, and applicability of these terms, and any other matters that the parties mutually agree to delegate. To the extent permitted by law and applicable AAA rules, the parties also agree to hold joint case management conferences and joint hearings, and to the filing of joint briefs and other papers, before the Process Arbitrator, provided that each claimant is given the opportunity to raise and/or respond to any individualized issues specific to that claim.
For disputes under this Section that proceed to a Merits Arbitrator, counsel for the claimants and counsel for the respondent shall each select five (5) cases (per side) to proceed on an individual basis as part of a batching process. All remaining disputes that have complied with the foregoing procedures in Sections 9 and 10 shall not continue or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims, until they are selected to proceed as part of the batching process. You and IPSY agree that a single arbitrator shall preside over each batch of cases. After decisions have been rendered in the first ten (10) cases, IPSY and all known claimants shall engage in a mediation. If the parties are unable to resolve the remaining cases after the mediation, each side shall select another ten (10) cases (per side) to proceed on an individual basis as part of a second batching process. The parties may agree in writing to modify the number of cases to be included at each stage of the batching process. After decisions have been rendered in this second batch of cases, IPSY and all known claimants shall engage in a second mediation. If the parties have not resolved the remaining disputes at the close of the second mediation, any claimant whose demand has not been adjudicated, or IPSY, may elect to opt out of the arbitration by providing notice to opposing counsel, and if the claimant or IPSY wishes to proceed with the claim they may file an individual, non-class action in court. For those claimants who do not opt out, their claims will proceed in arbitration in continued batches of up to one-hundred (100) demands. To increase the efficiency of administration and resolution of arbitrations, and as permitted by law and the relevant rules and procedures, the AAA shall: (i) designate a single arbitrator for each batch; and (ii) provide for a single filing fee due per side per batch; (iii) allow joint case management conferences and joint hearings, and such other coordinated procedures as the arbitrator deems appropriate, while still providing each claimant with the opportunity to raise and/or respond to any individualized issues.
This batching process shall in no way be interpreted as authorizing class or representative arbitration or litigation of any kind. IPSY does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this sub-section. Any limitations periods and filing fee(s) and deadlines shall be tolled for each demand subject to this section from the time that the AAA filing requirements are satisfied with respect to that demand, until the date the arbitration is closed.
If any dispute arises between the general AAA consumer or commercial rules and the Mass Arbitration Supplementary Rules, the Mass Arbitration Supplementary Rules shall control. A court shall have authority to enforce this section and, if necessary, to enjoin the mass filing or prosecution of arbitration demands in violation thereof.
Confidentiality
The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties, any correspondence with or hearings before the AAA, and correspondence, orders, and awards issued by the arbitrator, will remain strictly confidential and will not be disclosed to any third party without the express written consent from the other party, unless disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings or related court proceedings.
Survival and Severability of Sections 9 and 10
Sections 9 and 10 of this Agreement shall survive the termination or expiration of these Terms of Use. If any portion of Sections 9 and 10 other than the class and representative action waiver in Section 9 is deemed invalid or unenforceable, the remaining portions of this Arbitration Agreement shall nevertheless remain valid and in force. However, if a court case or arbitration is brought on a class or representative basis, and the limitations on such proceedings in Section 9 are adjudicated to be unenforceable with respect to a claim, then every other sentence (except this one) in Sections 9 and 10 shall be null and void with respect to that claim and no arbitration shall be had.
11. MISCELLANEOUS
Applicable Law: The FAA (including its procedural provisions) is the law that will be applied to determine whether the dispute resolution provisions herein regarding arbitration and class action can be enforced and how they should be interpreted. Apart from that, if you are a U.S. resident, these Terms of Use and our relationship will be governed by California law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms of Use and our relationship will be governed by English law, except for its conflicts of laws principles.
Any dispute or claim arising from or relating to the Agreement is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in these Terms of Use.
Choice of Law: This Agreement shall in all respects be governed by the laws of the State of California and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and IPSY's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.
Entire Agreement: These Terms of Use, together with our Privacy Policy, Copyright and Intellectual Property Policy, Community Guidelines, and all other operating rules, policies, procedures, and Additional Terms that IPSY may publish from time to time on the Site, constitutes the entire agreement between you and IPSY concerning your use of the Site and IPSY Services. IPSY reserves all rights not granted under this Agreement.
Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect applicable law and the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency: You and IPSY are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to IPSY must be given by postal mail to IPSY, Attention: Legal Department, 903 Colorado Ave., Santa Monica, Ca 90401. Any notice to you may be given: (1) to the email address you provide to IPSY during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to IPSY, in which case notice will be deemed sufficient three days after the mailing date.
For intellectual property issues, please provide notice as specified in IPSY's Copyright and Intellectual Property Policy.
12. EXPORT RESTRICTIONS
You acknowledge that the products IPSY sells may be subject to U.S. and international import, export, and re-export laws and regulations, including the U.S. Export Administration Regulations (EAR) maintained by the U.S. Department of the Treasury’s U.S. Department of Commerce and trade and economic sanctions maintained by the Office Of Foreign Assets Control (OFAC). You agree to comply with all relevant import, export, and reexport control laws and regulations. Specifically, you agree not to, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise make available product purchased from IPSY or product from a retail partner in contravention of U.S. law or to any destination, entity, or person or for any use prohibited by the laws or regulations of the United States or applicable international authority, without obtaining an export license or other governmental approval as required by those laws and regulations.
Currently, IPSY only ships products to addresses in the U.S., U.S. Territories, APO/FPO addresses, and Canada. Due to U.S. trade embargoes and sanctions, IPSY does not accept orders from or ship products to individuals or entities whose names appear on OFAC’s list of specially designated nationals (“SDN List”) and, when prohibited, OFAC’s Sectoral Sanctions Initiatives list (“SSI” list) and the Commerce Department’s Denied Persons List (“DPL”), Entity List, and Unverified Parties List.
13 MODIFICATIONS TO TERMS OF USE
We may change this Agreement or these Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted, or such later date as may be specified in them or in other notice to you. If IPSY makes a material change, IPSY will notify you here in this Terms of Use or by any other means we deem appropriate. IPSY may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. You assent to any new, revised, or additional Terms of Use by continued use of the Site or any of the IPSY Services after we have modified this posting, or as otherwise specified in any notice concerning updated Terms of Use. In the event that any notice to you of updated Terms of Use is determined by any tribunal to be insufficient, the prior Terms of Use shall apply and continue to apply until sufficient notice to establish a new agreement occurs.
Last Updated: July 25, 2025