Terms and Conditions of Use

 

Effective as of July 1, 2024

These Terms of Use govern access to and use of the various JAFRA sites (including any mobile versions thereof) and their related information, services, software functionality, and materials.
 
IMPORTANT –YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS AND CONDITIONS.

 This is a legal agreement between You (“You” or the “User”) and JAFRA (“JAFRA” or “We”) that applies each time You use or access the websites provided by JAFRA. You should therefore read carefully the following Terms and Conditions contained in Terms and Conditions of Use Agreement (the or this “TOU”) as they govern your access and use of the available information, services, functionality, products or materials provided though a Bettterware website or portal (collectively, as referenced herein, the “Site”).

 JAFRA is willing to license the use of this Site and provide the related information, services, functionality, products or materials to You only on the condition that you accept and agree to all of the Terms and Conditions contained in this TOU.

IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.

 THIS AGREEMENT INCLUDES AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND DISCOVERY AND APPELLATE REVIEW IS MORE LIMITED THAN IN COURT. DETAILS ARE SET FORTH BELOW IN SECTION 21.

 

1. LICENSE GRANT.

This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOU.  You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.  The content layout, formatting, and features of and access privileges for the Site shall be as specified by JAFRA in its sole discretion.  You also acknowledge and agree to the following: (i) JAFRA has the right to control and direct the means, manner, and method by which the Site is provided; (ii) JAFRA may, from time to time engage independent contractors, consultants, or subcontractors to aid JAFRA in providing the Site or use thereof; and (iii) JAFRA has the right to provide the Site to others.    

1. RESTRICTIONS.

Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.  Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of JAFRA and/or its licensor(s).  Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any JAFRA server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or JAFRA's systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to JAFRA on or through the Site, (viii) use the Site or any Forum (as such term is described below) to harvest or collect e-mail addresses or other contact information; or (ix) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact JAFRA.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, INFORMATION, OR MATERIALS PROVIDED BY JAFRA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. 

1. USER OBLIGATIONS.

By downloading, accessing, or using the Site in order to view any information and materials, register or enter into a transaction with or through JAFRA for any reason, or submit information of any kind, you represent that you are at least eighteen (18) years of age or the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when you provide information via a Site registration or submission form.  If you provide any false, inaccurate, untrue, or incomplete information, JAFRA reserves the right to terminate immediately your access to and use of the Site.  In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site.  You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk.  While JAFRA has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed.  Accordingly, JAFRA is not responsible for the security of any information transmitted to or from the Site.  You must make your own determination as to such issues. To use the Site, you cannot be a person barred from using such services under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Site. By accepting this Agreement, you represent that you understand and agree to the foregoing.

1. PAYMENT TERMS.  

All prices are posted online, or in Our email and are in US Dollars.

By placing an order on the Site, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute JAFRA’s acceptance of an order. We retain the right to refuse any request made by you.

Prior to JAFRA’s acceptance of an order, verification of information may be required. JAFRA reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from JAFRA, for any reason whatsoever. JAFRA reserves the right to limit the number of items ordered and to refuse service to you without prior notification. If JAFRA refuses an order, it will refund any payments received.

You shall remain responsible for and shall pay all taxes, duties, and levies of any kind imposed by any governmental entity with respect to the transactions contemplated under the Agreement (exclusive of taxes on JAFRA’s net income).  You shall provide copies of any and all exemption certificates to JAFRA if you are entitled to any exemption.  You shall not offset or reduce any amount owed to JAFRA.  All fees are in U.S. Dollars ($) and you shall use the payment method prescribed by JAFRA or otherwise forward the payment of any fees (in U.S. Dollars) to JAFRA at the address designated by JAFRA.  Use of credit card or other Staged payment method by you shall include a representation that you are authorized to use such card or payment method.  Any dispute with a third party payment provider arising from purchase made by you shall be resolved directly by you and such third party payment provider.   JAFRA reserves the right to terminate or suspend access to the Site if you fail to pay any amounts when due. 

1. PRODUCTS AND PROMOTIONS.

All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Site are subject to change at any time, and we reserve the right to make changes to them without notice to you. We have made every effort to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you see when you view the item for purchase depends on many factors, including your eyesight, your computer, its resolution and screen size and view settings, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change.

1. OTHER TERMS AND CONDITIONS.

Additional notices, terms, and conditions may apply to the purchase of products through the Site or the use of software contained on the Site.  You agree to abide by such other notices, terms, and conditions, as applicable.  If there is a conflict between this TOU and other notices, terms, and conditions posted to the Site, JAFRA shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to your use of that product or portion of the Site or the applicable software. 

1. PRIVACY POLICY.

Please see JAFRA's Privacy Policy at http://www.JAFRA.com/corporate/privacy-policy for a summary of JAFRA's personal identifying information collection and use practices. 

1. USER NAME HANDLING POLICY.

Registration as a User for access to certain areas of the Site may require both a user name and a password or adherence to other particular access requirements as designated by JAFRA.  Only one User can use one user name and password and, thus, one account.  By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Site and to your account.  Accordingly, by using the Site, you agree to consider your user name and password as confidential information and to keep your user name and password confidential.  You also agree not to use another User's user name and password.  You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur under or through your account and you agree to immediately notify JAFRA if you become aware of any loss or theft of your password or any unauthorized use of your user name and password.  JAFRA cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.  JAFRA reserves the right to delete or change a user name or password at any time and for any reason.  Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this TOU.

1. Mobile Services.

The Site may offer certain tools or services that are available to you via your mobile phone or other mobile device (collectively, Mobile Services).  Please note that your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices.  Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.  Nevertheless, all use of the Site and its Mobile Services shall be in accordance with this TOU.

1. POSTINGS.This Site may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features and functionality where Users can share and post information and/or photos, video, or audio.  To the extent that the Site contains such communication forums (collectively, Forums), you agree that by using the Site you will not upload, post, display, or transmit any of the following materials on the Site's Forums:

• anything that interferes with or disrupts the Site or the operation thereof,
• statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others,
• unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
• statements or material that violates other contractual or fiduciary rights, duties, or agreements,
• statements or material that is bigoted, hateful, or racially offensive,
• statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
• statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
• statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
• statements or material that harms minors,
• statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of JAFRA,
• statements or material that misrepresents your affiliation with any entity and/or JAFRA,
• anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual,
• chain letters or pyramid schemes,
• statements or materials that are deceptive or misleading,
• statements or material that constitutes junk mail, spam, unauthorized advertising or promotional materials from competitive products, brands or businesses,
• statements or material that are off-topic for a designated Forum, and
• files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, network, or the Site.

 

1. PERMISSION TO USE POSTINGS.

Forums are the resources and property of JAFRA and/or its licensors and you will not have any proprietary interest in any Forum.  Moreover, by submitting content or information of any type (a "Posting") to a Forum or other portion of the Site or by otherwise using the Site to transmit or display a Posting, you automatically grant JAFRA a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information.  You represent that you have all necessary rights to make the Posting available to JAFRA and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that JAFRA has no control over the extent to which any idea or information may be used by any party or person once it's posted or displayed.  Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Site JAFRA has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting.  Moreover, JAFRA assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.

1. NO PRE-SCREENING OF POSTINGS.

  JAFRA is not responsible for screening, policing, editing, or monitoring your or another User's Postings and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Posting.  Moreover, and except as provided below with respect to JAFRA's right and ability to delete or remove a Posting (or any part thereof), JAFRA does not endorse, oppose, or edit any opinion or information provided by you or another User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other User.  Nevertheless, JAFRA reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that JAFRA believes in good faith violate this TOU and/or are, or are potentially, unlawful or harmful to JAFRA or its affiliates, volunteers, services, or goodwill.  If you violate this TOU, JAFRA may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Site.  Moreover, it is a policy of JAFRA to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws.  If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact JAFRA as provided below. 

1. COPYRIGHT; DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT.

JAFRA respects the intellectual property of others, and it asks its Users to do the same.  Accordingly, it is JAFRA's policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act (“DMCA”).  Responses may include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating your right to access and use the Site.  However, you acknowledge that you may be liable for damages, including attorneys' fees and costs, if you materially misrepresent that a work or activity is infringing your rights.  If JAFRA terminates or suspends a User's access to or use of the Site, JAFRA will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws.  It is JAFRA's policy to document all notices of alleged infringement upon which JAFRA decides to take action.  As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public. 

 If you have a good faith belief that any content on the Site infringes your copyright, please provide a written notice of your claim of copyright infringement that complies with the requirements of the DMCA as provided below to JAFRA's designated agent by mail or email:

DMCA Designated Agent,
Jafra Cosmetics International, Inc.
1 Baxter Way, Suite 150
Westlake Village, CA 91362
Email: jafracares@jafra.com

The DMCA notice of infringement must include the following information for JAFRA to consider it:

• An identification or description in reasonable detail of the copyrighted work (including any applicable URL address) that you claim has been infringed. If multiple copyrighted works at a single online site are covered by a single notification, please provide a representative list of such works;

 

• An identification or description in reasonable detail of the material that is claimed to be infringing or to be the subject of infringing activity. Please provide JAFRA with information reasonably sufficient to permit the us to locate the material on the Site;

 

• Information sufficient for us to contact you or the copyright holder including your address, telephone number, and email address;

 

• A statement by you stating, “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;

 

• A statement by you stating, “the information in the notification is accurate, and I swear under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;

 

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.

 
Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to the JAFRA's Designated Agent.  All counter notifications must include responsive information to what is set forth above including any required statements or signatures. JAFRA reserves the right not to respond to a notice that is not in compliance with the DMCA.
 

1. PROPRIETARY RIGHTS.

 This TOU provides only a limited license to access and use the Site.  Accordingly, you expressly acknowledge and agree that JAFRA transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else.  All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by JAFRA and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations.  Except as expressly provided herein, JAFRA does not grant any other express or implied right to you or any other person under any intellectual or proprietary rights.  Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.  This Site is Copyright© 2024-2025 JAFRA and/or its licensors.  All rights reserved.  JAFRA also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site.  JAFRA and all other names, designs, logos, and icons identifying JAFRA and its products, services, applications and programs are proprietary trademarks of JAFRA, and any use of such marks, including, without limitation, as domain names, without the express written permission of JAFRA is strictly prohibited.  Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

1. FEEDBACK AND SUBMISSIONS.

JAFRA welcomes your feedback and suggestions about JAFRA's products and services or with respect to how to improve the Site.  By transmitting any suggestions, information, material, or other content (collectively, feedback) to JAFRA, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to JAFRA and enable JAFRA to use such feedback.  In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for JAFRA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. 

1. THIRD-PARTY PRODUCTS/SERVICES.

JAFRA, in its sole discretion, may feature and/or post the advertisements of third parties on the Site and/or feature on the Site materials, programs, products, and services provided by third parties.  JAFRA makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access.  Your correspondence or any other dealings with third parties found on the Site are solely between you and such third party.  Accordingly, JAFRA expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Site, and you agree that JAFRA shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Site. 

1. LINKS TO OTHER SITES.

JAFRA may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and/or services.  These sites have not necessarily been reviewed by JAFRA and are maintained by third parties over which JAFRA exercises no control.  Accordingly, JAFRA expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites.  Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

1. DISCLAIMER.

THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. JAFRA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURANCE OF THE SERVICES, PRODUCTS, MATERIALS, AND INFORMATION AVAILABLE ON THIS SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY PLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

All of the products purchased from the Site should only be used in accordance with the manufacturer’s instructions, precautions, and guidelines. You agree that You are using the Site and the products and services offered by the Site at your own risk. You are responsible for using any items purchased responsibly, and in accordance with applicable directions for use. It is Your responsibility to review the ingredients and materials of all items to ensure that the use of these products will not cause adverse side effects.

Moreover, JAFRA may make modifications and/or changes in this Site or in the products, materials, and information available on this Site at any time and for any reason. JAFRA makes no representation that the Site is appropriate or available for use in other locations outside of the State of Delaware, U.S., and access to the Site from states, territories, or nations where any aspect of the Site is illegal is prohibited. You access the Site on Your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Site. JAFRA also makes no representation or warranty that this Site will operate error free or in an uninterrupted fashion or that any message, file, and/or information will be stored, archived, or downloaded from the Site in a manner free of viruses or contamination or other destructive features.

In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error, or error in pricing or product information received from JAFRA’s suppliers, JAFRA reserves the right to refuse or cancel any orders placed for any product(s) listed at the incorrect price, whether or not the order has already been charged. If Your bank or credit card has already been charged for the purchase and your order is cancelled, JAFRA will immediately issue a credit to your Bank or credit card account in the amount of the charge.

1. LIMITATION OF LIABILITY.

You expressly absolve and release JAFRA from any claim of harm resulting from a cause beyond JAFRA's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.  MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JAFRA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF JAFRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ADDITION, TOTAL LIABILITY OF JAFRA FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO JAFRA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS.

1. INDEMNITY.

You agree to defend, indemnify, and hold harmless JAFRA and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of this TOU or relating to any payment dispute with a third party provider arising from a purchase or incurrence of fees made by you.

1. CHOICE OF LAW; ARBITRATION; JURY TRIAL AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION 21 CAREFULLY BECAUSE YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.

Choice of Law: The laws of Delaware without regard to Delaware’s conflict of laws principles, govern this TOU Agreement and all of the transactions contemplated by it, as well as all other matters arising out of and relating to it, including without limitation claims as to its validity, interpretation, construction, performance as well as all claims sounding in tort.

Arbitration: You and JAFRA agree that in any dispute between You and JAFRA, You and JAFRA shall first attempt to resolve the dispute informally.  If unsuccessful, You and JAFRA shall proceed to arbitrate any and all controversies or claims arising out of or relating to (a) this TOU Agreement, (b) its enforcement, arbitrability, interpretation, (c) any services, functionality, products or materials information, services, functionality, products or materials provided though a Bettterware website, or (d) any claims alleging violation of any applicable law, ((a)-(d) are collectively “Claims”).  All Claims shall be governed by and construed in accordance with the substantive laws of the state of Delaware to the extent state law would otherwise be applicable, is consistent with the Federal Arbitration Act, and does not preclude or delay arbitration or apply to void or invalidate this clause or any portion of this clause.  All Claims shall be submitted to final and binding arbitration, to be held in the United States before a single arbitrator, in accordance with and subject to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.  You or JAFRA may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on You and JAFRA subject to the arbitrator's discretion to require an in-person hearing.  The arbitrator shall be selected by mutual agreement between You and JAFRA or, if You and JAFRA cannot agree, then by selecting from a list of arbitrators supplied by JAMS, and except as otherwise stated in this provision, the arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules & Procedures which are available electronically at www.jamsadr.com/rules-comprehensive-arbitration/. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based.

Waiver of Class Action: Except where prohibited by applicable law, all Claims covered by this TOU Agreement must be resolved on an individual basis.  No Claims may be arbitrated on a class, representative, or collective basis.  The Parties expressly waive any right with respect to any covered Claims to submit, initiate, or participate in a representative capacity (except as provided below), or as a plaintiff, claimant or member in a class action, collective action or other representative or joint action, regardless of whether the action is filed in arbitration or in court.  By signing this Agreement, You and JAFRA agree that each may bring and pursue claims against the other only in an individual capacity, and may not bring, pursue, or act as a plaintiff or class member in any purported class, representative or collective proceeding.  You and JAFRA further agree that neither party may bring, pursue, or act as a plaintiff or representative in any purported representative proceeding or action, or otherwise participate in any such representative proceeding or action other than on an individual basis except to the extent this provision is unenforceable as a matter of law.  You and JAFRA agree that any representative claims that are found not subject to arbitration under this Agreement shall be resolved in court and shall be stayed pending the outcome of the arbitration.  You and JAFRA further agree that a court, not the arbitrator, shall determine whether any claims will proceed on a class, representative, or collective basis. 

Injunctive Relief: Notwithstanding the foregoing, nothing in this TOU Agreement shall prohibit or limit You or JAFRA from seeking provisional remedies including, but not limited to, injunctive relief (including public injunctive relief) from a court of competent jurisdiction.  In the event either party is permitted to seek such relief in court, all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.”  In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. 

Statute of Limitations and Fees: Any claim You might have against JAFRA must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.  In any legal proceeding brought by JAFRA, JAFRA shall have the right to seek and be awarded all reasonable attorneys' fees and costs in addition to any other relief, at law or in equity, to which JAFRA may be entitled.

The obligations in this Section 21 survive the termination of this Agreement.

1. NOTICES.

A printed version of this TOU and of any related notice given in electronic form shall be admissible in legal or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Please contact JAFRA if you wish to receive a printed copy of this TOU

1. ENFORCING SECURITY ON THE SITE.

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law.  JAFRA reserves the right to take steps JAFRA believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this TOU such as view, monitor, and record activity on the Site without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Site.  Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions.  JAFRA will also comply with all court orders or subpoenas involving requests for such information.  In addition to the foregoing, JAFRA reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site in order to protect the Site, JAFRA, or JAFRA's business.  

1. TERM AND TERMINATION.

This TOU will take effect at the moment you click ACCEPT, register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest.  JAFRA reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below.  Termination will be effective without notice.  You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you.  Upon termination, you must destroy all copies of any aspect of the Site in your possession.  The provisions concerning JAFRA's proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, admissibility of this TOU, waiver and severability, entire agreement, and governing law will survive the termination of this TOU for any reason.

1. WAIVER & SEVERABILITY.

Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance.  No waiver by JAFRA of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.  If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

1. ENTIRE AGREEMENT.

No joint venture, partnership, employment, affiliate, or agency relationship exists between you and JAFRA as result of this TOU or your utilization of the Site.  This TOU, JAFRA's Privacy Policy and the other terms and conditions referenced herein or present elsewhere on the Site represent the entire agreement between you and JAFRA with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and JAFRA with respect to the Site.  You may not assign or transfer any rights under this Agreement without the prior written consent of JAFRA.  Please note that JAFRA reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you.  In addition, JAFRA may add, modify, or delete any aspect, program, or feature of the Site, but JAFRA is not under any obligation to add any upgrade, enhancement, or modification.  You agree that JAFRA shall not be liable to you or any third party for any modification or cessation of the Site. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU.  Accordingly, please review the TOU found at this location on a periodic basis.

1. QUESTIONS

If you (i) have questions or comments regarding the Site, (ii) are interested in obtaining more information concerning JAFRA and its programs or services, (iii) want permission to use any JAFRA content, or (iv) are aware of or wish to report misuse of the Site or JAFRA materials by any person or entity, please contact JAFRA via email at jafracares@jafra.com, or send a letter to our customer service team at Jafra Cosmetics International, Inc.,1 Baxter Way, Suite 150 Westlake Village, CA 91362