Terms of service

Effective: October 6, 2025

RETURN TO WAITLIST

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TOOLBOX BEAUTY.

SECTION 16 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 16 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 16 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

1. PURPOSE

Toolbox Beauty LLC (“Toolbox Beauty,” “we,” “us,” “our”) is an online retailer of beauty tools. By using the Toolbox Beauty website and any of the information and services offered through the website ("Services”) you agree to be bound by this Agreement. The success of the Services, however, depends on the adherence to the terms of this Agreement by you and other Users (collectively “you,” “your,” or “Users”). While we will do our best to enforce the terms of this Agreement, we cannot warrant or represent that other Users will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.

1. ELIGIBILITY

By accessing or using the Services in any way, clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:

1. You have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at this link or through the Services;

2. You are 16 or older;

3. You have the authority to enter into the Agreement personally. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Services; and

4. You will comply with all applicable laws, including those of the country, state, and city in which you are present while using the Services.

1. ACCESS

1. Access. By entering into this Agreement, you will be granted a revocable license to access the Services without charge. Your access privileges, however, are conditioned on your adherence to the terms of this Agreement. We reserve the right to temporarily deny you access to the Services or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by the terms of this Agreement or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain the Services, or to maintain it in its present form, and we expressly reserve the right to modify, suspend, or terminate tour access privileges.

2. Prohibited Uses. You understand, acknowledge and agree that any access or use of the Services shall be for your personal, non-commercial use only, and that you will not commercially exploit any portion of the Services.

3. Privileges Nontransferable. Your access privileges may not be transferred by you to any third parties.

4. Passwords and Security. You agree not to disclose to anyone your confidential password and to notify us immediately if there has been a breach of your security that affects our Services.

1. ACCEPTABLE USE POLICY

By using the Services, you agree that:

1. You will only use the Services for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.

2. You will not use the Services to cause nuisance, annoyance or inconvenience.

3. You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Users.

4. You will not violate the publicity or privacy rights of another individual.

5. You will not copy or distribute any content displayed through the Services.

6. You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.

7. The information you provide to us or otherwise communicate with us is accurate.

8. You will not use the Services in any way that could damage, disable, overburden or impair any of our servers, or the networks connected to any of our servers.

9. You will not attempt to gain unauthorized access to any part of the Services and/or to any service, account, resource, computer system and/or network connected to any of our servers.

10. You will not deep-link to the Services or access the Services manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Services or any content on the Services.

11. You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.

12. You will not impersonate another person, act as another entity without authorization, or create multiple accounts.

1. ADVERTISING POLICY FOR AFFILIATE LINKS AND BRANDED CONTENT

We may provide you with opportunities to advertise our Services and Goods through affiliate links, referral links, product reviews, social media posts, and more. When you participate in such opportunities, you agree to comply with applicable advertising laws and social media advertising guidelines.

We reserve the right to modify, suspend, or terminate your access to our Services and/or Goods for any violations of this Section.

In addition, before you participate in such opportunities, you agree to review and abide by the Federal Trade Commission’s Endorsement Guidelines. To comply with the Federal Trade Commission’s Endorsement Guidelines, you must:

• Include terms such as “(paid link),” “#ad,” or “#CommissionEarned.”

• Place these terms in or near any advertising for our Services and/or Goods and in a location that customers will easily notice.

If you choose to advertise on a social medial platform, you agree to review and abide by the advertising and content guidelines of the social media platform. You further agree to indemnify us and hold us harmless for any violations of this Section.

1. INFORMATION ON OUR SERVICES

While we will always use our best efforts to ensure the accuracy and completeness of information provided on our Services, we cannot guarantee the accuracy, adequacy, quality or suitability of any data on our Services and expressly disclaim liability for errors and omissions in the contents of our Services. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk. Any link to a website or phone number owned by a third party does not constitute an endorsement, approval, association, sponsorship, or affiliation with the linked site or phone number.

1. USER SUBMISSIONS AND CONTENT

We may provide you with interactive opportunities through the Services. You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works of, distribute, and/or otherwise use the User Content in connection with our business and in all forms now known or hereafter invented, without notification and/or approval by you, except as otherwise required by law.

Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to us through our suggestion, feedback, or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you grant to us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works of, distribute, and/or otherwise use such Feedback, except as otherwise required by law.

1. MOBILE TERMS

This Section contains the terms and conditions (the “Mobile Terms”) for our mobile messaging services (the “Mobile Services”). By consenting to these Mobile Terms, you authorize us and our service providers to contact and/or text you at the phone number you provided to us. This authorization includes using automated dialing technology to text you for marketing or advertising purposes, which may include text notifications (for your order, including abandoned checkout reminders), and for transactional or relationship purposes, including requests for reviews from us. You understand and agree that by consenting to receive marketing or advertising text messages, we may text you at the phone number you provided, even if your number is registered on any state or federal do-not-call list.

You understand that you do not have to sign up for the Mobile Services to make any purchase from us, and your consent is not a condition of any purchase of Goods (as defined below) or access to our Services. Your participation in the Mobile Services is completely voluntary.

We may modify or cancel the Mobile Services or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Services following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Mobile Services, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS and/or text messages, including charges from your wireless provider.

You may opt out of the Mobile Services at any time. To do so, text the single keyword command STOP in response to any text message from us, click the unsubscribe link (where available) in any text message from us, or contact us directly and ask we opt you out. You may receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. For service support or assistance, text HELP in response to one of our text messages or contact us directly.

We may change any short code or telephone number we use to operate the Mobile Services at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Services are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Services, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Services.

1. TOOLBOX BEAUTY PRODUCTS AND OTHER GOODS

1. Goods. Certain products or services may be available exclusively online through our Website. These products or services (“Goods”) may have limited quantities and are subject to return or exchange only, as detailed below. We have made every effort to display as accurately as possible the colors and images of our Goods that appear in our online store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated to, limit the sales of our Goods to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Goods that we offer. All descriptions of Goods or associated pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Goods at any time. Any offer for any Goods made on this Website is void where prohibited.

2. Orders. All orders shall be confirmed in ‘writing’ either by direct action on the Website or by a confirmation email. No quotation shall be binding on us until the price is paid in full by you and the order is confirmed in writing by us. When you click submit your order, your payment information will be handled by an independent third-party payment gateway, which may operate under separate terms and conditions concerning your online payment transaction. At our sole discretion, we reserve the right to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason at our sole discretion. You will be charged at the time you place your order, not when your order is shipped. Some situations that may result in your order being cancelled include limited quantities available, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We will contact you if all or any portion of your order is cancelled or needs modification. If your order is cancelled or modified after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment accounts) in the amount of the charge or modification.

3. Pricing and Terms of Payment. Unless otherwise stated by us in writing and recorded on our acknowledgement of the order, payment shall be made in advance for all Goods. The price you pay for the Goods shall be the price displayed on our Website or otherwise agreed in writing at the time of purchase. In the U.S., all prices for the Goods exclude Value Added Tax or other sales tax and carriage, which will be added to the invoice charge at the appropriate rate. We reserve the right to adjust, modify, or otherwise change displayed prices for Goods at any time without notice.

4. Wholesale and Dealer Sales. At our sole discretion, Toolbox Beauty reserves the right to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Toolbox Beauty to commercialize that same product(s) with a third party.

5. Delivery. All times or dates for delivery of the Goods are given in good faith. Time of delivery should not be of the essence of any contract, nor shall we be under any liability for any delay beyond our control. Delivery of the Goods shall be limited to individuals 18 and older and legally able to enter into a contract in the jurisdiction in which they reside or (where applicable) access the Website. All claims for loss due to damage in transit or non-delivery must be notified in writing by you to us: (a) within seven days of the actual delivery date for damage or (b) within ten days of the date of the invoice for non-delivery. In the event of a valid claim for loss due to damage, non-delivery, or non-compliance, we shall choose to either repair or replace the Goods at our expense. However, it shall not be under any further liability. If you fail to give notice per the condition above, the Goods shall be deemed accepted and satisfactory to you.

6. Warranty. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Goods will be corrected.

7. Passing of Title and Risk. The Goods shall remain our property until all payments have been made in full and unconditionally. Once all payments have been made, and from the delivery time, the Goods shall become your property. In the event of failure to pay the price of the Goods, we shall have the power to resell the Goods.

8. Conditions and Warranties. A sale of a Good shall not constitute a sale by description or sample. Any conditions or warranties (whether express or implied by statute, common law or arising from conduct or a previous course of dealing or trade custom or usage) as to the quality of the Goods, their fitness for any particular purpose, or correspondence with any description or sample are hereby expressly waived and negatived.

9. General Goods Provisions.

   1. You understand that the accessories and contents of the packaging, other than the form and function of the Toolbox Beauty Goods, are subject to change from time to time, and that the accessories may vary from those shown on the Website at the time of placing an order.

   2. This Agreement shall be deemed to be incorporated in all company contracts to sell Goods. However, if, in any particular case, any of these conditions shall be held to be invalid or shall not apply to the Contract, these conditions shall continue in full force and effect.

1. INTELLECTUAL PROPERTY OWNERSHIP

We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by us. Our name, logo, and the product names associated with the Services are our trademarks or belong to third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary notices incorporated into or accompanying any of the Services.

1. PRIVACY

We have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to our Privacy Policy for details about how we collect and use your personal information. By agreeing to the terms of this Agreement, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.

1. THIRD-PARTY INTERACTIONS

The Services may contain links to or display content originating from third-party websites and/or advertisements (collectively, “Third-Party Websites & Advertisements”). Such Third-Party Websites & Advertisements are not under our control, and we are not responsible for such Third-Party Websites & Advertisements. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. When you click on a link to a Third-Party Website & Advertisement, we will not warn you that you have left our Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any third-party websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with a third party.

1. INDEMNIFICIATION

You agree to indemnify and hold harmless Toolbox Beauty and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation attorneys’ fees and expenses that may be incurred by an Indemnified Party arising out of, relating to, or resulting from (a) your User Content; (b) your misuse of the Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Services. You agree that the provisions in this Section will survive any termination of your account, this Agreement, or your access to the Services.

1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRES OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLTENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE TEXT, GRAPHICS, OR LINKS.

WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE FROM COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WRITTEN IN CONTRACT, TORT, OR OTHERWISE) SHALL TOOLBOX BEAUTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SERVICES (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE SERVICES) ARE PROVIDED "AS IS" AND THAT WE MAKE NO WARRANTY THAT THE SERVICES WILL BE FREE FROM BUGS, FAULTS, DEFECTS OR ERRORS OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED.

1. DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 16 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

1. Scope of the Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services or as a consumer of our services, to any advertising or marketing communication regarding our Services, to any products or services sold or distributed through the Services that you received as a consumer, or to any aspect of your relationship or transactions with us as a consumer of our services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Toolbox Beauty may seek equitable relief in court for infringement or other misuse of intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement. IF YOU AGREE TO ARBITRATION WITH TOOLBOX BEAUTY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT BE ABLE TO PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

2. Informal Resolution. You and Toolbox Beauty agree that good-faith informal efforts to resolve disputes can result in a prompt, low-cost, and mutually beneficial outcome. You and Toolbox Beauty therefore agree that, before either you or Toolbox Beauty demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Toolbox Beauty that you intend to initiate an informal dispute resolution conference, email care@toolboxbeauty.com providing your username associated with your Toolbox Beauty account (if any), the email address associated with your Toolbox Beauty account (if any), and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

3. Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, 2710 Gateway Oaks Drive, Sacramento, CA 95833. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available athttp://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location.

4. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide rights and liabilities, if any, of you and Toolbox Beauty. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Toolbox Beauty.

5. Waiver of Jury Trial. YOU AND TOOLBOX BEAUTY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Toolbox Beauty are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 16(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

6. Waiver of Class or Consolidated Claims. YOU AND TOOLBOX BEAUTY AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Toolbox Beauty is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 17.

7. Batch Arbitrations. To increase efficiency of resolution, in the event 100 or more arbitration demands against Toolbox Beauty, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with Toolbox Beauty and the arbitration provider to implement such a batch approach to resolution and fees.

8. Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Toolbox Beauty can force the other to arbitrate as a result of this Agreement. To opt out, you must notify Toolbox Beauty in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: care@toolboxbeauty.com if you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on other arbitration agreements that you may have entered into with us or may enter into in the future with us.

9. Survival. This Arbitration Agreement will survive any termination of your relationship with us.

10. Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if we make any future material changes to this Arbitration Agreement, it will not apply to any individual claim(s) that you already provided notice of to us.

1. EXCLUSIVE VENUE

To the extent the parties are permitted under this Agreement to initiate litigation in court, both you and Toolbox Beauty agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of California for courts situated in Los Angeles County, California, or in a federal court for the Central District of California.

1. TERMINATION

At our sole discretion, we may modify or discontinue the Services, or may modify, suspend, or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

1. GENERAL

1. No Joint Venture or Partnership. No joint venture, partnership, employment or agency relationship exists between you, Toolbox Beauty, or any third-party provider as a result of this Agreement or use of the Services.

2. Choice of Law. This Agreement is governed by the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

3. Severability. Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

4. Electronic Communications. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

5. Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

1. CALIFORNIA ELECTRONIC COMMERCE DISCLOSURE TO CONSUMERS

Under California Civil Code § 1789.3, California consumers are entitled to the following disclosures.

The name of the provider of these Websites and Services is:

Toolbox Beauty LLC
2029 Century Park East, Suite 400N
Los Angeles, CA 90067

To resolve any complaints about your use of these Websites and our Services, please contact us using the available contact methods in the Contact Information section below.

You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at:

Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834

1. CONTACT INFORMATION

Toolbox Beauty LLC
2029 Century Park East, Suite 400N
Los Angeles, CA 90067

care@toolboxbeauty.com