Laura Geller® Website Terms and Conditions
Thank you for visiting the Laura Geller® website located at www.laurageller.com (the “Site”). The Site is an Internet property of AS Beauty LLC (collectively, “Laura Geller®” “we,” “our” or “us”). The following Laura Geller® Website Terms and Conditions (“Terms”) are inclusive of the Laura Geller® Privacy Policy (“Privacy Policy”), the Geller Gals® Rewards Terms (“Rewards Program Terms”), the Returns and Shipping Policy (“Return Policy”), the Frequently Asked Questions (“FAQs”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).
Each end-user visitor to the Site (“user,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses certain text, images, skincare quizzes, video, audio, Geller Gals® Photos (as defined below), and other content and information relating to the Laura Geller® Offerings (as defined below) as made available by: (i) Laura Geller® (collectively, “Laura Geller® Content”); and/or (ii) third parties (“Third-Party Content,” and together with the Laura Geller® Content, the “Content”); (c) purchases any of the Laura Geller® cosmetics, skincare products, accessories, brushes, gift cards and other products featured on the Site (collectively, “Laura Geller® Products”); (d) registers to receive our email newsletter (“Newsletter”), which contains updates and promotions associated with various Laura Geller® Products; (e) registers to receive SMS text message alerts and offers from Laura Geller® (“Mobile Message Service”), which contain updates and promotions associated with various Laura Geller® Products (the Mobile Message Service is subject to the “Mobile Service Terms” set forth below); (f) submits an original photograph of herself/himself to Laura Geller® in connection with the “Geller Gals®” Program” (“Geller Gals® Photos”); (g) registers for the Geller Gals® Rewards Program (which is subject to the Rewards Program Terms, which can be accessed here) (“Rewards Program”); (h) accesses links to the Laura Geller® social media pages/accounts appearing on third-party social media websites (collectively, “Social Media Pages”), such as Facebook®, Instagram®, Pinterest®, TikTok® and YouTube® (collectively, “Social Media Websites”); (i) utilizes the Site’s many interactive features designed to facilitate interaction between the user, Laura Geller® and other Site users (collectively, “Interactive Services”); (j) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Laura Geller® (collectively, the “Contact Services,” and together with the Site, Content, Laura Geller® Products, Newsletter, Mobile Message Service, Geller Gals®” Program, Rewards Program, Social Media Pages and Interactive Service, the “Laura Geller® Offerings”); and/or (k) otherwise affirmatively consents to these Terms and/or the Agreement.
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE LAURA GELLER® OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST LAURA GELLER®, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Instagram® and Facebook® are registered trademarks of Meta Platforms, Inc. (“Meta”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). TikTok® is a registered trademark of ByteDance Ltd. (“TikTok”). Google Pay® and YouTube® are registered trademarks of Google, Inc. (“Google”). Please be advised that Laura Geller® is not in any way affiliated with Google, Meta, Pinterest or TikTok, nor are the Laura Geller® Offerings endorsed, administered or sponsored by Google, Meta, Pinterest or TikTok.
Disclaimers
You acknowledge and understand that the Laura Geller® Products and associated Content have not been evaluated by the US Food & Drug Administration (“FDA”). The FDA only evaluates food and drugs, not skincare products and cosmetics, such as the Laura Geller® Products. The Laura Geller® Products, Content and other material made available by and through the Laura Geller® Offerings: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician.
You should always consult with your physician or other healthcare professional before utilizing any Laura Geller® Products, whether featured by and through the Laura Geller® Offerings or otherwise. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you have a medical problem as a result of any Laura Geller® Products, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any other Laura Geller® Offerings.
Without limiting the foregoing, those who are taking medication or are under treatment for any disease, or are pregnant or lactating, please consult with your health care professional before utilizing any Laura Geller® Products and/or adopting any treatment for a health-related problem.
Further, the Laura Geller® Products contain ingredients that you may be allergic to. You should always check the ingredients contained in the Laura Geller® Products and recipes to avoid potential allergic reactions. If you have, or suspect that you are experiencing, an allergic reaction or other adverse health event, promptly contact your health care provider.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between users and Laura Geller® with respect to users’ use of the Laura Geller® Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Laura Geller® Offerings. By your continued use of the Laura Geller® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
2. Requirements; Termination of Access to the Laura Geller® Offerings; Necessary Equipment. The Laura Geller® Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdictions of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The Laura Geller® Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdictions of residence) and/or individuals who cannot enter into legally binding contracts under applicable law. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the Laura Geller® Offerings.
To the extent permitted by applicable law, Laura Geller® may terminate your right to access the Laura Geller® Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Laura Geller® Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Laura Geller® Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Laura Geller® Offerings. Laura Geller® does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Laura Geller® does not guarantee that the Laura Geller® Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Laura Geller® Offerings through your wireless device. You are fully responsible for all such charges and Laura Geller® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
3. Registration Forms. In order to purchase Laura Geller® Products and/or utilize certain Laura Geller® Offerings, including the Geller Gals® Program and Contact Services, you may be required to submit one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation: (a) your full name; (b) your mailing/billing address; (c) your e-mail address; (d) your mobile telephone number; (e) your credit/debit card information or other Payment Method information (as defined below) (where purchasing Laura Geller® Products); (f) your age; and/or (g) any other information requested by us on the applicable registration Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.
Laura Geller’s® use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
4. Purchasing Laura Geller® Products. You can purchase Laura Geller® Products by and through the Site by completing the applicable Form and providing the requisite Registration Data. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE.
One-Time Purchase: Where you purchase Laura Geller® Products in a one-time transaction, the Payment Method that you provide on the Form (or update at a later date) will be charged the amount listed on the Site for the subject Laura Geller® Products, plus any applicable sales tax and shipping and handling charges. For purposes of the Agreement, “Payment Method” shall mean your designated credit/debit card, your Amazon Pay® account, your Google Pay® account, your PayPal® account and/or your Shop Pay® account.
Amazon Pay® is a registered trademark of Amazon.com, Inc. (“Amazon”). PayPal® is a registered trademark of PayPal, Inc. (“PayPal”). Shop Pay® is a registered trademark of Shopify, Inc. (“Shopify”). Please be advised that Laura Geller® is not in any way affiliated with Amazon, PayPal or Shopify, and the Laura Geller® Offerings are not endorsed, administered or sponsored by Amazon, PayPal or Shopify.
Automatic Renewal Programs: Where you purchase Laura Geller® Products in connection with an automatically renewing subscription model (“Automatic Renewal Program”), your Payment Method will be charged the applicable amount for the subject Laura Geller® Products on a recurring basis for as long as that Automatic Renewal Program remains active (the “Recurring Fees”). Such Recurring Fees will be charged in advance, and you acknowledge and agree that Laura Geller® will not obtain any additional authorization from you for the applicable Automatic Renewal Program’s Recurring Fees. Every time that you accept delivery of the subject Laura Geller® Products, you re-affirm that Laura Geller® is authorized to charge your Payment Method and to have the Recurring Fees applied to same. If you wish to cancel an Automatic Renewal Program, you may do so at any time by: (i) signing into your account at GellerGalVIPRewards.com ; or (ii) e-mailing us at: info@lauragellerbeauty.com. Please be advised, all Automatic Renewal Programs must be cancelled within twenty-four (24) hours of the renewal subscription date to avoid incurring charges for same.
General Billing Terms: You must promptly notify us if your Payment Method is cancelled or is no longer valid (e.g., due to loss or theft) or your Laura Geller® Products shipment may be delayed or cancelled. Changes to such information can be made by contacting a customer care professional at info@lauragellerbeauty.com. If you participate in an Automatic Renewal Program using a credit card and your credit card fails to process for any reason, you agree that: (a) Laura Geller® may contact you for alternate payment information via any phone number (including a cell phone number) or e-mail address provided by you; and/or (b) Laura Geller® reserves the right to make additional attempts to charge the Payment Method. Without limiting the foregoing, Laura Geller® reserves the right to contract with credit card companies, issuing banks and third-party service providers, in order to update and maintain your Payment Method information. This may be accomplished by refreshing expired, changed or replaced credit card and/or debit card numbers on file with Laura Geller® with the numbers of any replacement cards so that your Automatic Renewal Program does not lapse. You must contact Laura Geller® prior to making any Payment Method chargeback or inquiry, in order to reasonably allow for a resolution of any underlying dispute. If you fail to pay for any Laura Geller® Product received, your account may be sent to collection. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE.
The fees associated with your purchases will appear on your Payment Method statement through the identifier
“Geller Gal VIP Rewards” All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Laura Geller® Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Laura Geller® in effect at any given time. Upon reasonable prior notice to you (with Site-updates and e-mail sufficing), Laura Geller® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Laura Geller® Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification and any changes to the cost of the Laura Geller® Products that are subject to an Automatic Renewal Program will come with all legally required prior notice.
Electronic Signatures: Laura Geller® authorization to provide and bill for the Laura Geller® Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Laura Geller’s® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the “E-Sign Act”). Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE LAURA GELLER® OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.
Reseller Restrictions; You agree that: (a) any Laura Geller® Products that you purchase from Laura Geller® will be used for your personal, non-commercial use; and (b) you will not re-sell, re-distribute, export or advertise for sale on any e-commerce site, marketplace, social media channel or through any offline channel any Laura Geller® Products that you order from Laura Geller®.
In the event that a Laura Geller® Product is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, Laura Geller® shall have the right to refuse or cancel any orders placed for that Laura Geller® Product so listed at the incorrect price. Laura Geller® shall have the right to limit the number of Laura Geller® Products purchased through the Site. Laura Geller® shall have the right to refuse or cancel any order whether or not the order has been confirmed and your Payment Method charged. If your Payment Method has already been charged for the purchase and your order is canceled, Laura Geller® shall immediately issue a credit to your Payment Method account in the amount of the charge.
5. Laura Geller® Products. The Laura Geller® Products remain, at all times, subject to the disclaimers contained herein and on the Site. We have made every effort to display as accurately as possible the colors of the Laura Geller® Products that appear on the Site. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate. Laura Geller® attempts to be as accurate as possible when describing the Laura Geller® Products. However, Laura Geller® does not warrant that the Laura Geller® Product descriptions (or other Content contained on the Site) are accurate, complete, reliable, current or error-free. If the Laura Geller® Products offered on the Site are not as described, your sole remedy is to return the Laura Geller® Products.
The Site contains Laura Geller® Products inventory information. This information can be used to estimate the likelihood that the applicable Laura Geller® Products will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that Laura Geller® Products listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day, and hour-to-hour. In rare cases, Laura Geller® Products may be in stock when you place your order and sold out by the time that your order is processed. Should this happen, we will notify you via email. If for any reason we determine that backordered Laura Geller® Products are no longer available, we will cancel your order, notify you immediately via email and provide you with a refund.
6. Return Policy. If, for any reason, you are dissatisfied with the Laura Geller® Product(s) purchase you made from the Site, you may return the Laura Geller® Product(s) within thirty (30) days for a full refund, less shipping and handling: provided, however, that: (a) all returns remain subject, at all times, to the Returns and Shipping Policy, which can be accessed here; (b) we DO NOT accept returns of gift cards under any circumstances; (c) we will only accept returns of Laura Geller® Products purchased through the Site; and (d) we will not accept returns of Laura Geller® Products purchased in connection with a promotional event. If you have any questions, please contact us at info@lauragellerbeauty.com.
7. Content. The Site contains Content which includes, but is not limited to, Geller Gals® Photos, quizzes, text, audio, video, photographs, graphics, artwork, testimonials and other information about Laura Geller® and/or the Laura Geller® Products. The Content is compiled, distributed and displayed by Laura Geller®, as well as third-party content providers, such as other Site users and celebrity contributors (collectively, “Third-Party Providers”). Laura Geller® does not control the Content provided by Third-Party Providers that is made available by and through the Laura Geller® Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Laura Geller® Offerings is solely at your own risk. Laura Geller® does not represent or warrant that the Content and other information posted by and through the Laura Geller® Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Laura Geller® will not be responsible for, and Laura Geller® undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that Laura Geller® shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.
8. Geller Gals® Photos.
(a) From time-to-time, Laura Geller® may solicit and/or accept Geller Gals® Photos through the Site or other media/venues. We have no obligation to police or otherwise screen Geller Gals® Photos; provided that, we may accept or reject Geller Gals® Photos (and remove any Geller Gals® Photo previously published) for any reason, in our sole discretion.
(b) By sending us your Geller Gals® Photo, you irrevocably grant Laura Geller® the right to use the Geller Gals® Photo in any and all forms of marketing and promotional material including, without limitation, website publications, print advertisements (“ads”), online ads, television ads, radio ads, interactive media, as well as extracts and reproductions of any portion thereof, and for any and all other uses. You understand and agree that the Geller Gals® Photo, in whole or in part, may be edited and/or dramatized, and that any part of the Geller Gals® Photo may be used without compensation to you. You agree that no ad or other material incorporating or making reference to the Geller Gals® Photo need be submitted to you for approval and Laura Geller® shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Geller Gals® Photo. You expressly release Laura Geller® from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, ad or promotion utilizing or incorporating the Geller Gals® Photo, or any other use of the Geller Gals® Photo whatsoever. You acknowledge and agree that Laura Geller® shall not be liable for any causes of action or claims related to your decision to provide the Geller Gals® Photo to Laura Geller®.
(c) You represent and warrant that: (i) the Geller Gals® Photo does not infringe upon any third party’s intellectual property or other proprietary rights, or violate any third party’s right of publicity or right of privacy; (ii) the Geller Gals® Photo contains your image, and only your image, and does not depict any third party; and (iii) the Geller Gals® Photo is free and clear of any lien, pledge, security interest, license, claim, alienation, mortgage, hypothecation, encumbrance, option, right of first offer, right of first refusal, equitable interest, charge or other restriction of any nature or kind whatsoever.
9. Social Media Pages. The Site contains links to various Laura Geller® Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Laura Geller® shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
10. Rewards Program. Where you register, provide the requisite Registration Data, and are approved by us, you can earn various rewards by participating in our Rewards Program. Your participation in the Rewards Program shall be governed by the Rewards Program Terms, which can be accessed here. You understand and agree that Laura Geller® is not responsible or liable in any manner whatsoever for your participation in, or inability to join, the Rewards Program. You understand and agree that Laura Geller® shall not be liable to you or any third-party for any modification, suspension or discontinuation of the Rewards Program.
11. Mobile Message Service. Where you register for the Mobile Message Service, and otherwise provide "prior express consent" within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time ("TCPA"), you consent to receive SMS messages, delivered via automated technology, from Laura Geller® to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase of Laura Geller® Products. The messages that you receive in connection with the Mobile Message Service shall consist of promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders).
You may receive a maximum of fifteen (45) such SMS messages per calendar month; provided, however, that message frequency will vary. Laura Geller® reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Laura Geller® also reserves the right to change the short code or phone number from which messages are sent; provided that we will notify you when we do so.
Standard message and data rates may apply to any SMS/text messages.
Text the keyword “STOP” to 52857 to opt out of the Mobile Message Service. Text “HELP” to 52857 or email us at: info@laurageller.com for help.
Not all Mobile Devices are supported, and our messages may not be deliverable in all areas. Laura Geller®, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Participating Carriers: The following mobile carries are not liable for delayed or undelivered messages:
AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
12. Interactive Services and Feedback.
(a) Subject to the restrictions contained herein including, without limitation, those contained below, the Interactive Services may allow users to post comments, text, video, content and engage in other interactive communication, by and through the Laura Geller® Offerings. In connection with the Interactive Services, each user shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. Laura Geller® reserves the right to prohibit any conduct by users, or to remove any Feedback posted by and through the Interactive Services that Laura Geller® deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which Laura Geller® believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Laura Geller® to harm, damage to reputation or liability. Notwithstanding the foregoing, Laura Geller® undertakes no responsibility to monitor or otherwise police the actions of users, Feedback and/or other material posted by users and/or other third parties. Laura Geller® shall have no obligation and incur no liability to any users in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. You agree to use the Interactive Services in a manner consistent with, and in full compliance with, any and all applicable laws and regulations.
(b) In connection with the posting of Feedback, your use of the Interactive Services and/or your use other of the Laura Geller® Offerings, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other users; (vii) transmit any chain letters, spam or junk e-mail to other users; (viii) express or imply that any statements that you make are endorsed by Laura Geller®, without Laura Geller’s® specific prior written consent; (ix) harvest or collect personal information of other users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Laura Geller® Offerings; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt the Laura Geller® Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (xvi) “frame” or “mirror” any part of the Laura Geller® Offerings without Laura Geller’s® prior written authorization; (xvii) use metatags or code or other devices containing any reference to any Laura Geller® Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Laura Geller® Offerings or any software used in or in connection with the Laura Geller® Offerings. Laura Geller® reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.
13. Representations and Warranties. Each user hereby represents and warrants to Laura Geller® as follows: (a) the Agreement constitutes the legal, valid and binding obligation of user, which is fully enforceable against such user in accordance with its terms; (b) user understands and agrees that user has independently evaluated the desirability of utilizing the Laura Geller® Offerings and that user has not relied on any representation and/or warranty other than those set forth in the Agreement; and (c) the execution, delivery and performance of the Agreement by user, as well as any Feedback and/or Geller Gals® Photo(s) submitted by user, will not conflict with or violate: (i) any applicable law; (ii) any order, judgment or decree applicable to user; and/or (iii) any agreement or other instrument applicable to user.
14. Indemnification. Each user agrees to indemnify, defend and hold Laura Geller®, its members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that user and any third parties; (b) that user’s breach of the Agreement and/or any representation or warranty contained herein; (c) any Feedback and/or Geller Gals® Photo(s) submitted by that user; and/or (d) that user’s unauthorized and/or improper use of the Laura Geller® Offerings. The provisions of this Section 14 are for the benefit of Laura Geller®, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, shareholders, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against users on its own behalf.
15. License Grant. Each user is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Laura Geller® Offerings. Laura Geller® may terminate this license at any time for any reason. Unless otherwise expressly authorized by Laura Geller®, users may only use the Laura Geller® Offerings for their own personal, non-commercial use. No part of the Laura Geller® Offerings may be reproduced in any form or incorporated into any website or social media channel or any information retrieval system, electronic or mechanical. No user or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Laura Geller® Offerings except as expressly permitted by Laura Geller®. No user or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Laura Geller® Offerings, or any portion thereof. No user or other third party may create any “derivative works” by altering any aspect of the Laura Geller® Offerings. No user or other third party may use the Laura Geller® Offerings in conjunction with any other third-party content. No user or other third party may exploit any aspect of the Laura Geller® Offerings for any commercial purposes not expressly permitted by Laura Geller®. Each user further agrees to indemnify and hold Laura Geller® harmless for that user’s failure to comply with this Section 15. Laura Geller® reserves any rights not explicitly granted in the Agreement.
16. Proprietary Rights. The Laura Geller® Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any user or other third party of any part of the Laura Geller® Offerings is strictly prohibited. No user or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Laura Geller® Offerings. The posting of information or material by and through the Laura Geller® Offerings does not constitute a waiver of any right in or to such information and/or materials. The “Laura Geller” name and logo, and all associated graphics, icons and service names, are registered trademarks of AS Beauty LLC. The names, likeness and logos associated with all celebrity participants on the Site are the protected trademarks and intellectual property of the respective celebrities. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.
17. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Laura Geller® Offerings is a violation of criminal and civil law and Laura Geller® will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
18. Disclaimer of Warranties. THE LAURA GELLER® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, LAURA GELLER® MAKES NO WARRANTY THAT THE LAURA GELLER® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC BEAUTY BENEFIT OR HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE LAURA GELLER® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LAURA GELLER® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE LAURA GELLER® OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM LAURA GELLER® OR OTHERWISE THROUGH OR FROM THE LAURA GELLER® OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
19. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT LAURA GELLER® SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LAURA GELLER® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE LAURA GELLER® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE LAURA GELLER® OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA, ACCOUNT AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE, OR OTHER LAURA GELLER® OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITE, AND/OR ANY ACTION TAKEN ON THE SITE, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; (E) THE FAILURE TO REALIZE ANY SPECIFIC BEAUTY BENEFIT OR HEALTH-RELATED OUTCOME; AND/OR (F) THE OTHER MATTER RELATING TO THE LAURA GELLER® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES LAURA GELLER® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF LAURA GELLER® TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE THOUSAND DOLLARS ($1,000.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE LAURA GELLER® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR LAURA GELLER® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND LAURA GELLER®. ACCESS TO THE LAURA GELLER® OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF LAURA GELLER® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. Third Party Websites. The Laura Geller® Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites and/or Third-Party Links. Laura Geller® does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Laura Geller® of the applicable website or any association with the website’s operators. Because Laura Geller® has no control over such websites and/or resources, each user agrees that Laura Geller® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any user’s data privacy by third parties. Each user further agrees that Laura Geller® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
21. Copyright Policy/DMCA Compliance. Laura Geller® reserves the right to terminate the account of any user who infringes upon third-party copyrights. If any user or other third-party believes that a copyrighted work has been copied and/or posted via the Laura Geller® Offerings in a way that constitutes copyright infringement, that party should provide Laura Geller® with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Laura Geller’s® Copyright Agent for notice of claims of copyright infringement is as follows:
[Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40th Floor
New York, NY 10123
info@kleinmoynihan.com
Fax: (212) 216-9559]
22. Editing, Deleting and Modification. Laura Geller® reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.
23. Use of Registration Data. All material submitted by users through or in association with the Laura Geller® Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
24. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles) and any proceeding arising in connection with the Agreement may only be brought under the statutes and common law of the State of New York. The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between you and either Laura Geller® or any Covered Party concerning the Laura Geller® Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) each party agrees to submit their dispute for resolution by arbitration before JAMS, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that Laura Geller® reserves the right to require that any and all user claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against Laura Geller® that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The applicable Covered Party(ies) named in the arbitration proceeding (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must: (i) provide Laura Geller® with proof that you accessed the Site and provided consent to the Agreement; and, thereafter (ii) submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the applicable Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the applicable Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Parties may have a right to an award of attorneys’ fees and expenses if they prevail in arbitration, the Named Parties will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, and other than where Laura Geller® requires same as set forth above, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Laura Geller®, any Covered Party(ies), and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Laura Geller® and/or the applicable Named Party(ies) incur(s) in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
25. California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
26. California Proposition 65 Warnings. Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California lawmakers as causing cancer or reproductive toxicity. The warnings are intended to help California State consumers make informed decisions about their exposures to these chemicals from the products they use. The California Office of Environmental Health Hazard Assessment (“OEHHA”) administers the Proposition 65 program and publishes the listed chemicals, which includes more than 850 chemicals. In August 2016, OEHHA adopted new regulations, effective on August 30, 2018, which change the information required in Proposition 65 warnings.
Canned and Bottled Foods and Beverages
California requires the following notice:
WARNING: Laura Geller® Product containers may have linings containing bisphenol A (“BPA”), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information go to: www.P65Warnings.ca.gov/BPA.
Additional Information about Proposition 65
For background on the new Proposition 65 warnings, see https://www.p65warnings.ca.gov/new-proposition-65-warnings.
Proposition 65 and its regulations are posted at https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations.
27. Miscellaneous. To the extent that anything in or associated with the Laura Geller® Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and: (a) the Rewards Program Terms, insofar as the Rewards Program is concerned, the Rewards Program Terms shall govern; and (b) the Returns and Shipping Policy, insofar as the return of Laura Geller® Products is concerned, the Returns and Shipping Policy shall govern. Laura Geller’s® failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Laura Geller® may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
28. Contact Us. If you have any questions about the Agreement, Laura Geller® Offerings or the practices of Laura Geller®, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the “Contact Us” page of the Site, or you can e-mail us at: info@lauragellerbeauty.com; or send us U.S. Mail to: AS Beauty LLC, 111 West 33rd St., 16th Floor, New York, NY 10120.
