Terms of Membership

Exclusive Beauty Club Terms of Membership

These Terms of Membership (“Terms of Membership”) govern your membership on ExclusiveBeautyClub.com and its associated mobile sites and sales channels (the “Exclusive Beauty Club Sites” or the “Sites”) and your purchases and use of products and services available through the Exclusive Beauty Club Sites. The Exclusive Beauty Club Sites are operated by Exclusive Beauty Club and/or its subsidiaries and affiliates (collectively, “Exclusive Beauty Club”). Your use of the Exclusive Beauty Club Sites and these terms are also governed by the Terms of Use (“Terms of Use”) and Privacy Notice, which are incorporated herein by reference. http://www.exclusivebeautyclub.com/pages/terms-conditions, http://www.exclusivebeautyclub.com/pages/privacy-policy.  Please read these Terms of Membership and the Terms of Use carefully as they contain important information, including how any disputes between you and Exclusive Beauty Club must be resolved through arbitration or small claims court. 

By establishing membership on the Exclusive Beauty Club Sites, or purchasing or using products or services through the Exclusive Beauty Club Sites, you acknowledge and agree as follows:

  1. GENERAL

These Terms of Membership have been executed and delivered by you and constitute a valid and binding agreement between you and Exclusive Beauty Club, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

You shall establish and use your membership on the Exclusive Beauty Club Sites, and purchase and use the products and services available through the Exclusive Beauty Club Sites, in strict compliance with these Terms of Membership and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Exclusive Beauty Club may be recorded.

  1. PRIVACY NOTICE

A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by Exclusive Beauty Club is located at http://www.exclusivebeautyclub.com/pages/privacy-policy. You consent to any personal information we may obtain about you (either via the Exclusive Beauty Club Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. Exclusive Beauty Club may update its Privacy Notice from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above. It is your responsibility to check periodically for any changes we make to the Privacy Notice, but if a revision, in our sole discretion, is material, Exclusive Beauty Club will notify you. Your continued use of the Sites after any changes to the Privacy Notice means you accept the changes. No changes to the Privacy Notice occurring after a dispute between you and Exclusive Beauty Club arises will apply retroactively. 

  1. EXCLUSIVE BEAUTY CLUB MEMBERSHIP
    • Establishing a Membership

You may establish membership on the Exclusive Beauty Club Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Membership, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Exclusive Beauty Club’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. We encourage you to review our Security Policy for information about some of the measures you may take to help protect your account, but we cannot guarantee that implementing such measures will ensure the security of the account or your information.

  • Use of Membership

You shall not use your Exclusive Beauty Club membership for any purpose competitive to Exclusive Beauty Club. You will notify Exclusive Beauty Club immediately by emailing support@ExclusiveBeautyClub.com of any unauthorized use of your Exclusive Beauty Club membership or the Exclusive Beauty Club Sites known to you, whether by you or a third party.

  • Membership Termination

You may cancel your Exclusive Beauty Club membership at any time by contacting Exclusive Beauty Club customer service as specified on the “Contact Us” page on the Exclusive Beauty Club Sites. Exclusive Beauty Club may terminate your membership and refuse any and all current or future use of the Exclusive Beauty Club Sites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that Exclusive Beauty Club determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Exclusive Beauty Club determines, in its sole discretion, that you are using your Exclusive Beauty Club membership in a manner not permitted by these Terms of Membership or the Terms of Use, or (4) in other circumstances, as Exclusive Beauty Club deems appropriate in its sole discretion. Please note that termination by you or Exclusive Beauty Club of your Exclusive Beauty Club membership may result in the termination of your memberships in Exclusive Beauty Club’s affiliated websites.

  1. PURCHASES
    • Order Processing

Exclusive Beauty Club may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Exclusive Beauty Club deems appropriate in its sole discretion. Exclusive Beauty Club also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Exclusive Beauty Club will either not charge you or refund the charges for orders that we do not process or cancel.

  • Return Policy

Exclusive Beauty Club accepts returns on certain merchandise on a case-by-case basis. For Exclusive Beauty Club‘s Return Policy, which may change from time to time, please click www.Exclusive Beauty Club.com/support/returns.

  • Product and Service Descriptions

Exclusive Beauty Club attempts to provide accurate descriptions of products and services on the Exclusive Beauty Club Sites. Exclusive Beauty Club does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Exclusive Beauty Club Sites is not as described, your sole remedy is to return the item, as specified in these Terms & Conditions.

  • Pricing Information

Exclusive Beauty Club strives to provide accurate pricing information regarding the products and services available on the Exclusive Beauty Club Sites. We cannot, however, insure against pricing errors. Exclusive Beauty Club reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Exclusive Beauty Club will notify you by email. In addition, Exclusive Beauty Club reserves the right, at its sole discretion, to correct any error in the stated full retail price.

  • Product and Service Availability

The Exclusive Beauty Club Sites may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Exclusive Beauty Club cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Exclusive Beauty Club attempts to process the order. Should this happen, Exclusive Beauty Club will notify you by email. Service offerings that are out-of-stock generally are no longer available. If Exclusive Beauty Club determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. Exclusive Beauty Club will notify you by email and delete the item from the Exclusive Beauty Club Sites.

  • Shipping and Tax

Click www.Exclusive Beauty Club.com/support/shipping for our policy regarding shipping and tax, which may change from time to time.

  1. REFERRAL CREDIT PROGRAM

On certain of its Sites, Exclusive Beauty Club may offer members the ability to earn credits or discounts ("Referral Credits") toward future purchases on the Exclusive Beauty Club Sites when they invite friends to become members of a Exclusive Beauty Club Site and those friends make a qualifying purchase within six (6) months of the invitation sent through an authorized Exclusive Beauty Club invitation channel (e.g. an invitation sent through Exclusive Beauty Club's website, Facebook or another social media channel supported by Exclusive Beauty Club). You may only earn Referral Credits via Exclusive Beauty Club’s authorized member invite mechanisms. Referrals outside of Exclusive Beauty Club authorized channels will not result in any Referral Credit. You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expire six (6) months after issuance. You will only receive Referral Credit for the first qualifying purchase made by a friend who makes his or her first purchase on the Exclusive Beauty Club Sites as a result of an invite from you via a Exclusive Beauty Club authorized channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive Referral Credit, and Exclusive Beauty Club will have no liability to you for your friend’s failure to follow directions.

You agree that having multiple Exclusive Beauty Club accounts is a violation of these Terms and Conditions and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Exclusive Beauty Club's referral credit program system may, without limiting any other Exclusive Beauty Club rights or remedies, result in forfeiture of your membership and all Referral Credits in your account. Exclusive Beauty Club reserves the right to void referrals and Referral Credits earned if we suspect that the referrals or Referral Credits were earned in a fraudulent manner, in a manner that violates these Terms and Conditions or in a manner otherwise not intended by Exclusive Beauty Club. You must not conduct your own promotion in connection with our referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Exclusive Beauty Club, including by using any trademarks of Exclusive Beauty Club. 

Referral Credits will appear in your account within approximately 24 hours after one of your qualifying invitees makes his or her qualifying purchase and that purchase is shipped. Purchase of a Gift Card is not a qualifying purchase. Referral Credits earned via Exclusive Beauty Club may only be used on the Exclusive Beauty Club Sites or Exclusive Beauty Clubcity.com and may not be used toward the purchase of a Gift Card or on any other website affiliated with Exclusive Beauty Club.

The referral credit program is void where prohibited by law. Exclusive Beauty Club reserves the right to modify or terminate the referral credit program at any time, although Referral Credits accrued shall be valid for six (6) months from the date of posting. Should there be any tax liability for the accumulation and/or use of Referral Credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the Referral Credits you have actually earned. Exclusive Beauty Club will have no liability for any errors displayed in your account.

  1. DISPUTE RESOLUTION

Except as otherwise provided below, all disputes and claims between you and Exclusive Beauty Club, arising out of or in connection with or relating to these Terms of Membership or the Terms of Use, shall be resolved, at the filing party's election, in either a small claims court or by final and binding arbitration administered by JAMS before a sole arbitrator in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, available www.jamsadr.com, as modified by this agreement to arbitrate. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. Further, unless both you and Exclusive Beauty Club agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim without affecting other individuals. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT), TO CLASS OR REPRESENTATIVE PROCEDURES, OR TO A JURY TRIAL. Notwithstanding any other provision of these Terms of Membership or the Terms of Use, Exclusive Beauty Club LLC may resort to court action for injunctive relief at any time. 

  1. ENTIRE AGREEMENT

These Terms of Membership constitute the entire agreement of between you and Exclusive Beauty Club regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Membership. In the event there is a conflict between these Terms of Membership and the Terms of Use with respect to the matters herein, these Terms of Membership will control.

  1. SEVERABILITY

If any provision of these Terms of Membership is determined to be illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

  1. MODIFICATION OF TERMS OF MEMBERSHIP

You acknowledge and agree that Exclusive Beauty Club may, in its sole discretion, modify, add or remove any portion of these Terms of Membership at any time and in any manner, including the terms of Exclusive Beauty Club membership, by posting revised Terms of Membership on the Site.  You may not amend or modify these Terms of Membership under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Membership but if a revision, in our sole discretion, is material, Exclusive Beauty Club will notify you.  Your continued use of this Site after any changes to the Terms of Membership means you accept the changes. No changes to the Terms of Membership occurring after a dispute between you and Exclusive Beauty Club arises will apply retroactively. 

    10. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS

Notwithstanding the expiration or earlier termination of your Exclusive Beauty Club membership, or any general legal principles to the contrary, any provision of these Terms of Membership that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Membership.