4. GENERAL WEBSITE USAGE
PLEASE READ THIS MEMBERSHIP AGREEMENT AND JULEP’S CLASS ACTION WAIVER, MANDATORY ARBITRATION, AND TIME LIMIT FOR BRINGING CLAIMS CAREFULLY.
As a registered user of Julep, you agree to receive emails promoting any special offer(s), relevant newsletters and other communications, including third party offers.
Paying by Credit Card
For your convenience, when you place your first order and become an official member, we will save your credit, debit card, or PayPal information and use it for all future shipments and charges which will automatically be charged to your saved default card on the 27th of each month, unless you notify us. If your payment is unsuccessful on the 27th of the month, we will continue to attempt to process payment for your monthly box at our discretion. We accept the following payment methods at this time: American Express, VISA, MasterCard, PayPal and Apple Pay. (Note: Apple Pay is not currently accepted as a payment method for subscription orders, including orders containing a Welcome Box.) For your convenience and continuous membership benefits as a client, if your payment method reaches its expiration date and you do not edit your payment information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to update your payment method information or cancel your account should you wish to discontinue your membership with us.
Shipping, Returns and Exchanges
Shipping, return and exchange of any merchandise ordered through the Site or in connection with your membership are subject to the Julep Shipping, Return and Exchange Policies.
Replacement of products for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation your membership.
Risk of Loss
The risk of loss and title for items purchased by you pass to you upon Julep's delivery of the items to the carrier pursuant to the Julep Shipping Policy.
Julep has a presence in Arizona, California, Florida, Georgia, Illinois, Iowa, Kansas, Minnesota, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, Virginia, and Washington; therefore all orders shipped to these states will be charged sales tax.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 2007-2014 Julep Beauty, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Julep and protected by U.S. and international copyright laws. All software used on the Sites is the property of Julep or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Julep, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites--including reproduction for purposes other than those permitted above, modification, distribution, republishing, republishing on third party sites, transmission, display or performance--without the prior written permission of Julep is strictly prohibited.
Julep.com and all page headers, custom graphics and button icons are service marks, trademarks, and trade dress of Julep and may not be used in connection with any product or service that is not offered by Julep in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Julep. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Julep products displayed on the Sites may be available in select Julep retail stores in the U.S. All prices displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the U.S. If any minor uses any goods or product from Julep, it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Julep.
All material and information presented by Julep is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Julep does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Julep does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
For your convenience, when you place your first order, we will save your credit, debit card, or PayPal information. You will have the option to use it for all future shipments and charges. We accept the following payment methods at this time: American Express, VISA, MasterCard, Apple Pay and PayPal.
Responsibility for Your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites.
Your Use of Content on the Sites and Limitation of Liability
Julep provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. Julep is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Interactive Services, is not controlled by Julep. Julep cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and Julep shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Julep be liable in any way for any Content, including, but not limited to, (i) any errors or omissions in any Content, or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Julep reserves all rights not expressly granted in and to the Content. When using the Interactive Services, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
Your Content Submissions
By submitting Content to Julep, you represent and warrant that:
- you understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites;
- all "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
- all Content that you post is accurate;
You also represent and warrant that any Content you submit:
- is not false, inaccurate or misleading;
- does not harm minors
- does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
- is not submitted for compensation or other consideration from any third party;
- does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
- is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
- does not contain any computer viruses, worms or other potentially damaging computer programs or files.
Julep does not endorse any Content or any opinion, recommendation or advice expressed therein, and Julep disclaims all liability with respect to the Content.
If your Content includes ideas, suggestions, documents or proposals to Julep through the Interactive Services, (a) such Content is not confidential or proprietary and Julep has no obligation of confidentiality, express or implied, with respect thereto; (b) Julep may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Julep under any circumstances unless you are otherwise notified by Julep in writing.
Guidelines for Interactive Services
We want to know what you think of the products you've tried, bought, know and love and we encourage you to use our Interactive Services. When writing a review for the RR Service or posting a comment on one of our social pages, please consider the following guidelines:
- Focus on the product and your individual experience using it;
- Provide details about why you like or dislike a product; and
You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any Julep official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.
Third Party Content and Third Party Sites
Julep may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Julep does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Julep and such third party. Julep does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Julep is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Julep through the Interactive Services, do not necessarily reflect the views of Julep.
If you access the Sites via your mobile device (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
Modification of Content
Reservation of Rights
Julep IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Julep DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Julep DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
Julep WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
CERTAIN STATE LAWS, INCLUDING NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This provision may be void, unenforceable or inapplicable in certain states, and you may have additional rights under your state law.
Julep Beauty, Inc
575 Lexington Avenue
NY, NY 10022
Digital Millennium Copyright Act (DMCA)
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Julep's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed upon;
- a description of where the material that you claim is infringing is located on the Sites;
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- your name, address, telephone number and email address (if available); and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse or process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse shipment to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Other Claims Decided in King County, Washington
Subject to the paragraph above providing for arbitration, any other claim or dispute between you and Julep that is not subject to arbitration and which arises in whole or in part from the Sites or the Interactive Services shall be decided exclusively by a court of competent jurisdiction located in King County, Washington.