Terms & Conditions

Bad Habit Terms and Conditions

These terms and conditions (these “Terms and Conditions”) govern your use of the www.badhabitbeauty.com website (“Website”) as accessed from within the United States of America and any order which you place through the Website from the United States to be delivered within the United States of America, and apply to any Website visitor (collectively, “you”). You should read these Terms and Conditions carefully before you use the Website or buy our products from the Website. These Terms and Conditions tell you who we are, how you can use the Website, how you can buy our products, what to do if there is a problem and other important information.

1.HOW YOU CAN CONTACT US

The terms “Bad Habit”,we”,our”,and “us” as used in these Terms and Conditions refer to FORMA brands LLC, with its principal address at 22 4th Street 4th Floor, San Francisco, CA 94103.

1.1Our Contact Information. You can contact us by emailing us at contact@badhabitbeauty.com.

1.2Contacting You. If we have to contact you, we'll give you a call or email you using the details you give us in your order.

2.USE OF THE WEBSITE

2.1Your Agreement. Your use of the Website, and the services available on the Website (“Services”), is covered by these Terms and Conditions and our privacy policy https://badhabitbeauty.com/pages/privacy-policy;

>(our “Privacy Policy”). The Privacy Policy deals with how we use your personal data. We recommend that you read this.

2.2Registration.

3.OTHER IMPORTANT INFORMATION ABOUT YOUR USE OF THE WEBSITE

3.1Ownership of Bad HabitContent. The aesthetic, content, software, video, audio, pictures, trademarks, trade dress, and other information on the Website (collectively,Bad Habit Content”) are very important to us. We own or have a right to use all of the Bad Habit Content, and copyright, trademarks and other intellectual property rights embodied in such Bad Habit Content available on the Website, and these materials are protected by U.S. and international copyright and other intellectual propertylaws, orare used under the principles of fair use. We, and our licensors, retain all rights with respect to the Website and the Bad Habit Content except those expressly granted to you in these Terms and Conditions.

3.2Our Grant of Rights to You. Subject to your compliance with these Terms and Conditions, we grant to you a limited, non-exclusive, non-transferrable, right to access, execute, perform, and otherwise use the Website and Bad Habit Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or Bad Habit Content; (ii) modify or make derivative works based upon the Website or Bad Habit Content; or (iii) reverse engineer, reverse compile, or access theWebsite or Bad Habit Content in order to build a competitive product or service. You may use these materials to browse our Website and place orders for your personal use only (and at all times in compliance with these Terms and Conditions and our Privacy Policy), but you're not allowed to use them for any other reason. This means that you're not allowed to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Website (including any Bad Habit Content) unless specifically authorized in writing by us.

3.3Your Grant of Rights to Us. By submitting any information when interacting with the Website, uploading files, or through other means (collectively, “User Content”), you grant to us a perpetual right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing Services to you and for our operations.No compensation will be paid with respect toouruse of your User Content. ning export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

4.MONITORING; REVOCATION OR SUSPENSION OF USE PRIVILEGES

4.1Monitoring; Violation of the Code. We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all portions of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms and Conditions or our Privacy Policy.

4.2Objectionable Content.Although we have no –and assume no–obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under our Code of Conduct. We reserve the right to request edits to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, THEN WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE WEBSITE OR SERVICESAT ISSUE AND REMOVE THE CONTENT AT ISSUE.

4.3Applicable Law;Disclosure. Our Code of Conduct is based in many instances on principles of applicable law. Accordingly, users who violate our Code of Conduct may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. We reserve the right at all times to disclose information that it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.

4.4Reporting. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us at hello@formabrands.com.

5.LINKS TO THIRD-PARTY SITES

The Website may contain links to third-party websites (collectively, the “Linked Sites”). Linked Sites may include websites operated by third-parties that we may engage to provide certain Services to you on our behalf. We do not own these Linked Sites and we do not assume any responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites' privacy practices with respect to information that you provide to the Linked Sites. We do not endorse the content of any Linked Site, nor do we warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to link to another site (including Linked Sites), you agree and understand that such use is at your own risk. For example, if you submit personal data to a Linked Site, then the personal data that you submit shall be governed by the Linked Site's privacy policy and terms of use, and not by our Privacy Policy or these Terms and Conditions.

6.CONTACT FOR ALLEGED COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and require that its users do the same. If you believe that any content (including User Content and Bad Habit Content) on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright, please notify us as at hello@badhabitbeauty.com

Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

7.OUR PRODUCTS

7.1Product Images. The images of the products on the Website are for illustrative purposes only and we can't guarantee that what you see from your phone, tablet, laptop or computer accurately reflects the colour of the products. This means that what you buy (including any product packaging) may vary slightly from those images.

 

8.YOUR REMEDIES IN CONNECTION WITH SALE AND PURCHASE TERMS.

8.1Our Failure to Comply. If we fail to comply with these Sale and Purchase Terms, we are responsible for loss or damage you suffer that is a foreseeable or obvious result of us breaking this contract, at the time we accept your order.

8.2Limitation of Our Liabilities Relating to Sales. We only supply the products for personal use. We will not, in connection with these Sale and Purchase Terms, be liable to you in any way for:

8.2.1any loss of revenue, profit, business or sales that you suffer; or

8.2.2any losses which are not foreseeable or are not obvious when we accept your order.

8.3No Third-Party Rights. Nobody else has any rights under these Sale and Purchase Terms.

9.OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

9.1Warranty Disclaimer. WE DO NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE WEBSITE,BAD HABITCONTENT, AND SERVICES ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE, OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK. WE DO NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. THE WEBSITE,BAD HABIT CONTENT, AND SERVICES ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE, OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK. WE DISCLAIM: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, SERVICES, AND CONTENT IS AT YOUR SOLE RISK.

9.2Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL WEBE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE, SERVICES, AND CONTENT.

9.3Accuracy of Website Content. Although we make reasonable efforts to update the information on the Website, we can't guarantee that the content on the Website is accurate, complete or up to date. If you have a question about any information on the Website, let us know by calling or emailing us.

10.YOUR RESPONSIBILITY FOR LOSS OR DAMAGESUFFERED BY US

You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third-parties, including reasonable attorneys' fees, arising from or related to your breach of these terms and conditions or our Privacy Policy.

11.GENERAL

11.1Suspension of Website or Services. We may suspend, take down or stop the availability of all or any part of the Website or the Services for business or operation reasons. We'll try to give you reasonable notice if this happens but this might not always be possible.

11.2Third-Party Website Terms. Where the Website contains links to websites and resources provided by third parties, and not, we have no control over this information and your use of these websites and resources is at your own risk. In order to be safe, we recommend that you read any terms and conditions for these websites Bad Habit and resources.

11.3Severability.If any provision of these Terms and Conditions is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced.

11.4Headings.Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

11.5No Waiver of Rights.Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

11.6Entire Agreement.Subject to Section19.7(Other Agreements), these Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

11.7OtherAgreements. Certain portions of the Website or Services offered through it may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these terms and conditions, and you will have the opportunity to decline to participate in such Service or Website if you do not agree with the differing terms and conditions. These Terms and Conditions must be read in conjunction (i) with other agreements into which you and Bad Habit enter concerning the Website (if any), and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms and Conditions conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms and Conditions conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.

11.8Assignment.These Terms and Conditions shall not be assignable by you, either in whole or in part. We reserve the right to assign its rights and obligations under these Terms and Conditions.

11.9Governing Law. These Terms and Conditions shall be governed in all respects by the laws of the State of California without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the judicial district that includes San Francisco, California. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts.

11.10Modifications.We can change these Terms and Conditions from time to time. We shall try to ensure that any new version of these Terms and Conditions shall be announced in advance on our Website. The version that is on the Website will always take precedence over all the other versions of these Terms and Conditions. However, the applicable Terms and Conditions are those accepted by you at the time of placing the order.

11.11Survival.In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms and Conditions, the following sections shall survive any termination or expiration of these Terms and Conditions and shall apply indefinitely: Sections3.1(Ownership of Bad Habit Content);9.1(Warranty Disclaimer);8.2(Limitation of Liability);10(Your Responsibility for Loss or Damage Suffered by Us); and11(General).

12.CONTACT US.

If you have any questions, comments, or complaints about these Terms and Conditions, our products, the practices of this Website, or your dealings with this Website, please contact us at hello@badhabitbeauty.com.com.

13.EFFECTIVE DATE.

The effective date of these Terms and Conditions is December 21, 2020.

14.COPYRIGHT AND LEGAL NOTICE.

Copyright © 2020 Forma Brands LLC. All Rights Reserved.

 

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