Terms of Service
TERMS OF USE
Effective as of May 5, 2026
U.S. VISITORS: These Terms of Use include a mandatory arbitration provision and a class action waiver. Except for certain limited exceptions, you agree to resolve disputes with us through individual arbitration, not in court. This means you waive the right to a judge or jury trial and may not bring or participate in any class, consolidated, or representative action. You may opt out of arbitration and/or the class action waiver as described below.
Welcome to the e.l.f. Beauty family of brands!
Thanks for visiting one of our brand’s websites or mobile apps (together, the “Platform”).
The Platform is operated by e.l.f. Cosmetics, Inc. and/or one of its subsidiaries (including W3LL People, Inc. and Naturium LLC). Our headquarters are located at 601 12th Street, 14th Floor, Oakland, CA 94607.
These Terms of Use (“Terms”) govern your access to and use of the Platform, whether you are browsing as a guest or using an account. By accessing, browsing, or using the Platform, you agree to these Terms. If you do not agree to these Terms, you may not use the Platform.
We may update these Terms from time to time. When we do, the version in effect at the time you use the Platform will apply (to the extent permitted by law).
Our Privacy Notice and any additional guidelines or policies we post for specific features, products, or promotions are part of these Terms and explains how we collect, use and store your personal data. You can find our Privacy Notice in the footer of each website.
Some features, products, or promotions may have extra terms (“Additional Terms”). If you choose to use that feature, product, or promotion, those Additional Terms will apply. In the event of a conflict, the Additional Terms will control for that specific feature, product, or promotion.
Please note that all purchases made through the Platform are also governed by our Purchase and Sale Terms. You can find the applicable Purchase and Sale Terms in the footer of each website or during checkout.
Note about rhode
Please note that www.rhodeskin.com has its own terms of use. These Terms don’t apply to www.rhodeskin.com or purchases of rhode products from www.rhodeskin.com
Non. U.S. Visitors:
The Platform, and the products and services made available through it, may not be offered or available in all countries or regions. Information about the countries and regions we currently serve is provided on the Platform and may be updated from time to time. In addition, not all features, content, or functionality of the Platform will be available in every country or region. Certain features may be limited, modified, or unavailable based on your country or region.
If you choose to access the Platform from a country or region where we do not offer the Platform or certain products or services, you do so at your own initiative and are responsible for complying with any applicable local laws.
USE OF THE PLATFORM
You must be at least 16 years old to use the Platform. If you are between 16 and the age of majority in your jurisdiction, you may use the Platform only with the consent of a parent or legal guardian. Children under 13 may not use the Platform.
You may not use the Platform if you are a person or entity that: (1) is on a government restricted or sanctions list; (2) is located in or ordinarily resident in a country or territory subject to comprehensive sanctions; or (3) is owned or controlled by, or acting on behalf of, any such person or entity.
By using the Platform, agree that you meet these requirements. If you do not meet these requirements, you must immediately discontinue use of our Platform and any related services.
PROHIBITED USES
You may use the Platform only for lawful, personal, and non-commercial purposes. You may not:
· copy, reproduce, modify, distribute, sell, or create derivative works from any content on the Platform except as expressly permitted (though you may however print off one copy, and may download extracts, of any page(s) from our Platform for your personal use);
· reverse engineer, decompile, disassemble, or attempt to extract source code;
· remove or alter any copyright, trademark, or proprietary notices;
· interfere with or disrupt the Platform or its security features;
· attempt unauthorized access to accounts, systems, or networks;
· upload viruses, malicious code, or harmful material;
· scrape, crawl, mine, or use automated tools to extract data;
· use the Platform for fraudulent, illegal, abusive, harassing, defamatory, obscene, or harmful purposes; or
· use the Platform to send unsolicited advertising or spam.
We may suspend or terminate your access at any time if we reasonably believe you have violated these Terms.
AVAILABILITY OF AND ACCESS TO THE PLATFORM
Our Platform is made available free of charge. We do not guarantee that the Platform will always be available, uninterrupted, secure, or error-free. We may suspend or restrict access for maintenance, updates, or business reasons. We will try to give you reasonable notice of any suspension or withdrawal. To the extent permitted by law, we are not liable for any unavailability.
While we use reasonable efforts to keep the Platform free from viruses or harmful code, we cannot guarantee it. You are responsible for using appropriate security protections.
CREATING AND SAFEGUARDING YOUR ACCOUNT
To use certain parts of the Platform, you may need an account. You must provide accurate and up-to-date information and keep your password secure. You are responsible for all activity on your account. Please notify us immediately using the “Contact Us” section if your account or password is compromised or used without authorization.
If you choose to stay logged in to your account, you will remain logged in on that browser or device for the specified time unless you sign out or clear your browser cookies/cache.
You’re responsible for making sure that anyone who accesses the Platform through your internet connection is aware of these Terms and follows them.
SUBMISSIONS
Use
By submitting reviews, comments, feedback, or other content (“Submissions”), you confirm that you are entitled to do so and that your Submissions are accurate, honest and based on your genuine experience.
You agree that we may use your Submissions without compensation for any lawful business purpose, including to display them on the Platform and in our marketing materials.
You hereby assign to us all rights, title, and interest in and to your Submissions, including all intellectual property and proprietary rights therein, to the fullest extent permitted by applicable law, you. To the extent that such assignment is restricted, ineffective, or not permitted under applicable law, you grant us an exclusive (to the maximum extent permitted), perpetual (or, if perpetual rights are not permitted, for the longest period permitted by law), irrevocable, worldwide, transferable, sublicensable, fully paid-up, and royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit the Submissions, in any media now known or later developed, for any lawful business purpose. To the extent that an exclusive license is not permitted under applicable law, you grant us a non-exclusive license with the same scope, duration, and rights described above.
You represent and warrant that you own or otherwise have all necessary rights to submit your Submissions and to grant the rights described above, and that your Submissions do not infringe or violate any third-party rights or applicable law.
The Platform may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on our Platform do not represent our views or values.
Content Standards
Submissions (like reviews and ratings) are meant to help other consumers by sharing real experiences. By submitting a Submission, you agree that it meets the standards below.
Your Submissions must:
· be based on your genuine experience;
· reflect your honest opinions; and
· be lawful and not misleading.
Your Submissions must not:
· be false, misleading, or likely to mislead others;
· be fake or conceal any incentive or benefit (unless clearly disclosed);
· be defamatory, abusive, offensive, hateful, or threatening;
· contain obscene or sexually explicit material;
· infringe anyone else’s rights (including intellectual property or privacy);
· include another person’s personal data;
· contain spam, promotions, or links to other sites; or
· impersonate any person or misrepresent your affiliation with us.
Moderation, Removal, and Reporting
We may review, moderate, refuse to post, or remove any Submission at our discretion, including where we reasonably believe it violates these Terms or applicable law. We may also take reasonable and proportionate steps to detect, prevent, and remove fake or misleading reviews. We are not required to monitor Submissions on an ongoing basis.
If you believe a Submission is unlawful, misleading, or otherwise violates these Terms, you can report it by contacting us.
Where applicable, we implement content moderation practices designed to comply with relevant laws and regulations, including those in the US, EU, and the UK.
Interactive Tools and Features
The Platform may offer interactive tools or features (for example, virtual try-on, shade matching, or similar tools) that allow you to preview or simulate how products may appear or perform (collectively, “Interactive Tools”). These Interactive Tools are provided for convenience and informational purposes only. Any results, previews, or simulations are illustrative and may not reflect actual results. We do not guarantee that any product will look or perform the same in real life.
Additional terms or disclosures may apply to specific Interactive Tools (the “Interactive Tools Terms”) and will be presented at the time of use.
Use of the Interactive Tools may require access to your device’s features, such as a camera or stored images. By using a Interactive Tool, you consent to such access as necessary for the Interactive Tool to function. Depending on the Interactive Tool, processing may occur locally on your device and/or through service providers acting on our behalf, as described in our Privacy Notice and Interactive Tools Terms.
We do not use the Interactive Tools to identify you, and we do not collect or retain images, video, or related data beyond what is necessary to provide the Interactive Tool and operate the Platform, except as described in our Privacy Notice or except as otherwise stated in the Interactive Tools Terms.
ELECTRONIC COMMUNICATIONS
By using the Platform, you acknowledge that we may send you electronic communications that are necessary to operate the Platform or provide services to you, including operational messages and legal notices. You agree that any notice, agreement, disclosure, or other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
Any marketing communications we send to you will be sent in accordance with applicable law and our Privacy Notice. Where required, we will obtain your consent before sending marketing communications. You have the right to opt out of receiving marketing communications at any time.
Please see our Privacy Notice (and, where relevant, the applicable text message terms) for more information regarding how to manage your communication preferences.
INTELLECTUAL PROPERTY RIGHTS
The Platform and all content on it are owned by us or licensed to us and are protected by copyright, trademark, and other intellectual property laws worldwide. All trademarks, service marks, trade names, logos, and icons on the Platform are owned by us or our affiliates, or used under license, and may not be used without prior written permission. All other trademarks are the property of their respective owners. Unauthorized use of the Platform or its content may violate intellectual property or other laws and may result in legal action.
Except as permitted by applicable law, you are not granted any rights in the Platform or its content and you may not reproduce, modify, create derivative works from, display, perform, publish, distribute or otherwise use any content without our prior written consent.
You may not remove, alter, or obscure any copyright, trademark, or other notices on the Platform or its content.
Copyright and Intellectual Property Complaints
Digital Millennium Copyright Act (U.S. Visitors)
If you are located in the United States, we comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that content on the Platform infringes your copyright, you may submit a notice to our designated copyright agent in accordance with the DMCA. Your notice must include: (1) a description of the copyrighted work, (2) the location of the allegedly infringing material, (3) your contact information, and (4) a statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner.
We will respond to valid DMCA notices in accordance with applicable law, including by removing or disabling access to the allegedly infringing content where appropriate.
Our DMCA designated copyright agent for notice of claims of copyright infringement on the Platform is our General Counsel, Scott K. Milsten, who can be reached as follows:
e.l.f. Cosmetics, Inc.
601 12th Street, 14th Floor
Oakland, CA 94607
Attn: Legal Department
E-mail: DMCA@elfcosmetics.com
Non-U.S. Visitors
For non-U.S. visitors, please contact us using the contact details provided on the Platform to report intellectual property concerns.
DISCLAIMERS
The Platform and all content are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we do not make any representations or warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement.
We do not guarantee that the Platform will be uninterrupted, secure, error-free, or that any content will be accurate, complete, or up to date.
Nothing in these Terms excludes or limits any rights you may have under applicable consumer protection laws, including in the United States, United Kingdom, or the European Union. To the extent such laws apply, certain disclaimers above may not apply to you.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, the Company and its affiliates, officers, directors, employees, and agents (each, a “Company Party”) will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of the Platform.
To the fullest extent permitted by applicable law, the total liability of the Company Parties for any claim arising out of or relating to the Platform or these Terms will not exceed the greater of (i) $100 or (ii) the amount you paid us for products purchased through the Platform in the 12 months preceding the event giving rise to the claim.
We only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, and any other liability that cannot be excluded or limited under applicable law.
Additionally, nothing in these Terms affects your rights under applicable consumer protection laws. To the extent such laws apply, certain of the limitations above may not apply to you.
FORCE MAJEURE
To the fullest extent permitted by applicable law, we are not liable for delays or failures to perform due to events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, pandemics, or failures of transportation or utilities.
INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless the Company Parties from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of (1) your violation of these Terms; (2) your violation of any third-party rights; or (3) your misuse of the Platform.
ENFORCEMENT AND PLATFORM SECURITY
You should not expect privacy in any information you make publicly available on the Platform. We may monitor, review, or record activity on the Platform as reasonably necessary to operate, protect, and improve the Platform, and to comply with applicable law or lawful requests from courts or government authorities, in accordance with our Privacy Notice.
You may not, and may not permit others to, interfere with or attempt to bypass, disable, or undermine any security or access controls on the Platform. Unauthorized or unlawful use of the Platform may result in civil or criminal liability under applicable laws.
You agree that any actual or threatened breach of these Terms may cause harm that may not be adequately remedied by monetary damages alone. To the fullest extent permitted by applicable law, we may seek injunctive or other equitable relief, in addition to any other remedies available. Where required by applicable law, such relief will be sought in accordance with applicable procedural requirements.
LINKS TO OTHER WEBSITES; LINKING TO THE PLATFORM
The Platform may include links to third-party websites. These links are provided for your information only. We do not control and are not responsible for the content or privacy policies of any linked website, and the inclusion of any link on the Platform does not imply our endorsement or approval of it. We are not responsible 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 websites.
You may link to the Platform, as long as you do so in a way that is non-commercial, is fair and legal, and doesn’t damage or take advantage of our reputation. You may not link to the Platform in a way that suggests any form of approval or endorsement by us where none exists. The Platform may not be framed on any other website without our permission.
We reserve the right to withdraw linking permission without notice.
DISPUTES (U.S. VISITORS)
Governing law
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles; provided that the arbitration provisions are governed by the Federal Arbitration Act and other applicable federal law, as described below.
To the fullest extent permitted by law, the Uniform Computer Information Transactions Act (UCITA) does not apply to these Terms and is expressly disclaimed.
A printed version of these Terms and any notice provided in electronic form will be admissible in any judicial or administrative proceeding to the same extent as original printed documents. You may request a printed copy of these Terms by contacting us.
Binding Arbitration Agreement; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
In plain language: Except for limited exceptions described below, you and we agree to resolve disputes through individual arbitration instead of in court. This means no jury trial and no class actions.
The following binding arbitration agreement is referred to as the “Binding Arbitration Agreement”.
Scope of the Binding Arbitration Agreement
Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and we agree that any and all disputes, claims, or controversies arising out of or relating to your use of, or access to, the Platform (including any Interactive Tool), these Terms or any Additional Terms, any products or services, or any advertising, promotions, or communications with a Company Party (collectively, a “Dispute”), whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be resolved exclusively through final and binding individual arbitration. “Dispute” will be given the broadest possible meaning allowable under law.
This Binding Arbitration Agreement covers and includes threshold questions of arbitrability. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all Disputes arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or any part of it, or of these Terms, including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable. If any party disagrees about whether the foregoing provision (or any portion of this agreement to arbitrate, including without limitation the provisions relating to arbitration) can be enforced or whether it applies to the Dispute, the parties agree that the arbitrator will decide that Dispute. Notwithstanding the foregoing, however, the parties agree that any issue concerning the validity of the class action waiver below must be decided by a court, and an arbitrator does not have authority to consider the validity of the class action waiver. Both you and we understand and agree that we are waiving our right to sue or go to court to assert or defend our rights, except as set forth below.
Exceptions
Notwithstanding the remainder of this Binding Arbitration Agreement, you and we agree that the following types of Disputes will be resolved in court, unless both you and we agree to submit the Dispute to arbitration pursuant to this Binding Arbitration Agreement:
· Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual Dispute and not as a class, representative, or consolidated action or proceeding;
· Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
· Intellectual property Disputes.
For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the class action waiver provision below does not prevent you from seeking public injunctive relief in an individual capacity to the extent otherwise permitted by law.
You and we also agree that for Disputes where both injunctive relief (including public injunctive relief) and non-injunctive relief are sought, you and we will first submit the Dispute for non-injunctive relief to arbitration pursuant to this Binding Arbitration Agreement. The arbitrator will not be permitted to grant injunctive relief (unless the parties mutually agree otherwise). Once the arbitration of the Dispute or claim for non-injunctive relief has concluded, you and/or we may seek the injunctive relief (including the public injunctive relief) in court to the extent permitted by law.
Any litigation in court of the foregoing types of Disputes (except for small claims court actions) may be commenced only in a federal or state court located within San Francisco, California, and you and we each consent to the jurisdiction of those courts for such purposes. Regardless of whether the foregoing types of Disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, you and we agree that the Dispute is subject to the class action waiver provision set forth below.
Informal Dispute Resolution
Either party asserting a Dispute shall first try in good faith to resolve it by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond (a “Notice of Dispute”).
We will provide the Notice of Dispute by e-mail to your e-mail address on file with us and you must provide the Notice of Dispute to:
e.l.f. Cosmetics, Inc.
Attn: Legal Department
601 12th Street, 14th Floor
Oakland, CA 94607
The Notice of Dispute must be personally signed with wet ink or digital signature (e.g., DocuSign) by you or a one of our responsible employees. The statute of limitations will be tolled for 30 days from the date the Notice of Dispute is received.
Both you and we agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party. Any party making an arbitration demand must certify that it has complied in good faith with this requirement when filing an arbitration demand and the American Arbitration Association (“AAA”) may not accept any demand without this certification.
How Arbitration Works
Either party may initiate arbitration of a Dispute, which will be settled by final and binding arbitration, using the English language, administered by AAA under the AAA Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with us, these Terms, and this Binding Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Unless you and we agree otherwise, including to conduct the arbitration by telephone or videoconference, any arbitration hearing shall take place in San Francisco, California, unless the arbitrator determines that a different location would better serve the convenience of the parties. If you live outside the United States, any arbitration will take place in San Francisco, California. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the AAA Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, we will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below). Each party is responsible for his, her, their or its own attorneys’ fees and expenses, and we will not pay your attorneys’ fees or expenses except to the extent ordered to do so by the arbitrator. If you prevail in arbitration, however, you will be entitled to an award of reasonable attorneys’ fees and expenses solely to the extent allowed for under applicable law and ordered by the arbitrator. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous according to Federal Rule of Civil Procedure 11, or brought for an improper purpose, you agree to reimburse us for all fees associated with the arbitration paid by us that you otherwise would have been obligated to pay under the AAA Rules. In determining whether an action is frivolous, the arbitrator may consider whether we have offered you a full refund of the amounts you paid for items you purchased from us or has otherwise offered full relief to you in relation to your individual claim. If the arbitrator, upon final disposition of the case, finds your Dispute was not frivolous, we will reimburse any filing fees that you paid and were not otherwise reimbursed. Judgment on the arbitration award may be entered in any court that has jurisdiction.
Except as stated below under “Mass Arbitration”, any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and we are each waiving the right to trial by jury or to participate in a class action or class arbitration.
Mass Arbitration
Notwithstanding any provision to the contrary in the foregoing or in the applicable AAA Rules then in effect, and to the maximum extent permitted by applicable law, you and we agree that if 25 or more demands for arbitration are filed within one calendar year relating to the same or similar subject matter and sharing common issues of law or fact, the AAA’s Mass Arbitration Supplementary Rules and Consumer Mass Arbitration and Fee Schedule shall apply.
You and we shall cooperate with one another and with AAA to implement this mass arbitration process in good faith, in the interests of minimizing the costs of arbitration.
Any challenge by a party to the applicability, validity, or enforceability of this mass arbitration provision shall be decided only by a court of competent jurisdiction and not by an arbitrator. In the event that this mass arbitration provision is found to be invalid or unenforceable, or in the event that the AAA declines to implement this mass arbitration provision for any reason, the entire Binding Arbitration Agreement shall be of no force and effect when there are 25 or more individual arbitration demands filed within one calendar year relating to the same or similar subject matter and sharing common issues of law or fact. The class action waiver, however, will still apply to the extent permitted by law.
WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS
To the fullest extent permitted by applicable law, you and WE each agree that any proceeding to resolve any dispute will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and WE AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and WE EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and WE agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.
Right to Opt-Out of Arbitration
You have the right to opt-out and not be bound by the arbitration provisions and/or the class action waiver set forth in these Terms by sending written notice of your decision to opt-out to:
e.l.f. Cosmetics, Inc.
Attn: Legal Department
601 12th Street, 14th Floor
Oakland, CA 94607
The notice must be sent to us within 30 days of your agreeing to these Terms. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve Disputes with us through arbitration and/or that you do not agree to the class action waiver. If you do not opt out, you shall be bound to arbitrate Disputes on an individual or mass basis in accordance with the provisions of this Binding Arbitration Agreement; Class Action Waiver section. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions and/or class action waiver, we also will not be bound by them.
Governing Law and Other Terms
This Binding Arbitration Agreement and class action waiver are governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Binding Arbitration Agreement and class action waiver, or to any Disputes that are covered by this Binding Arbitration Agreement and/or class action waiver, the law of the state of California will apply (without regard to its conflict of laws principles). We will provide notice of any material changes to this Binding Arbitration Agreement and/or class action waiver (which may be satisfied by updating these Terms, unless not otherwise permitted by law), in which case you will have the right to opt out of the arbitration provisions and/or class action waiver within 30 days after such change, consistent with the terms above. Except as set forth above regarding the class action waiver provision, if any portion of these arbitration provisions is deemed invalid or unenforceable, it will not invalidate the remaining portions of these arbitration provisions. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Binding Arbitration Agreement, including whether any Dispute falls within its scope, as set forth above. However, the parties agree that any issue concerning the validity of the class action waiver above must be decided by a court, as set forth above, and an arbitrator does not have authority to consider the validity of the waiver.
DISPUTES (NON-U.S. VISITORS)
These Terms will be governed by the laws of the state of California, without regard to its conflict of laws principles, except to the extent that mandatory consumer protection laws in your country of residence apply.
If we have a dispute, we will first try and resolve it with you amicably. “Dispute” will be given the broadest possible meaning allowable under law and includes any and all disputes, claims, or controversies arising out of or relating to your use of, or access to, the Platform (including any Interactive Tool), these Terms or any Additional Terms, any products or services, or any advertising, promotions, or communications with a Company Party.
If you and we cannot resolve a dispute amicably you may bring legal proceedings in the courts of your country of residence, and we may bring proceedings in the courts of your country of residence or any other court of competent jurisdiction. Nothing in these Terms limits any rights you may have under applicable consumer protection laws.
MISCELLANEOUS
General
You may not export or re-export the Platform or its content to any country or person requiring an export license or government approval without first obtaining such approval. You are responsible for complying with all applicable export laws.
If we provide software, content, or other materials as part of your use of the Platform, we grant you a personal, non-transferable, non-exclusive license to access and display them solely to use the Platform as permitted by these Terms and any Additional Terms.
These Terms do not affect your statutory or consumer rights.
If any part of these Terms is found to be invalid or unenforceable, that part will be interpreted, or modified only to the extent permitted by law, so that it is valid and enforceable while reflecting its original intent as closely as possible. The rest of these Terms will remain in effect. Section headings are for convenience only and do not affect the meaning of these Terms. Our failure to enforce any part of these Terms does not waive our right to enforce it later.
We may assign, delegate, or use agents to fulfill our obligations under these Terms. These Terms are the entire agreement regarding your use of the Platform, superseding prior communications or agreements. Any rights not expressly granted are reserved.
Publisher Information
Only for purposes of, and to the extent applicable under, law in the country in which you reside:
· e.l.f. Cosmetics, Inc. is the publisher of the e.l.f. Cosmetics and e.l.f. SKIN Platform and the publication manager is Scott Milsten.
· W3ll People, Inc. is the publisher of the Well People Platform and the publication manager is Scott Milsten.
· Naturium LLC is the publisher of the Naturium Platform and the publication manager is Scott Milsten.
· www.elfcosmetics.com (including any regional version/locale) and www.eflcosmetics.co.uk is hosted by Salesforce Commerce Cloud, a division of Salesforce.com, Inc., whose headquarters are located at 415 Mission Street, 3rd Floor, San Francisco, CA 94105 US.
· www.wellpeople.com, and www.naturium.com are hosted by Shopify, Inc., whose headquarters are located at 151 O'Connor Street, Ground floor, Ottawa, ON, K2P 2L8).
CONTACT US
If you have any questions, concerns, or complaints about these Terms, please contact us by using the contact information details found at the bottom of each of our brands’ website.