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Terms of Service

Last Updated: May 26, 2026

These Terms of Service (the “Terms of Service” or “Terms”) are entered into between you and Savor Beauty, Inc. d/b/a Savor Spa and its subsidiaries and affiliates (collectively, “Savor Beauty,” “we,” “us,” and “our”). These Terms govern your access to, and use of, the Savor Beauty website located at www.savorbeauty.com (the “Website”) and when you purchase products made available through the Website (collectively, the “Services”).

You understand that aspects of this Website and the Services may not be available in all jurisdictions and
that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.

Please see our Privacy Policy for other terms governing the use of this Website.

THE SECTION BELOW TITLED “DISPUTE RESOLUTION” CONTAINS A BINDING
ARBITRATION AGREEMENT, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVEA JUDGE OR JURY DECIDE YOUR CASE. PLEASE READ THIS SECTION.

1. YOUR CONSENT

Please read these Terms carefully. Your use of the Website and any of the Services signifies your agreement to these Terms. If you do not agree to these Terms, do not engage with any of our Services. At times separate terms and conditions may apply to other Savor Beauty Services or business transactions, and you will be made aware of those terms if they exist.


We reserve the right to modify or otherwise update these Terms at any time by posting the modified version on our Website and updating the “last updated” date. Such changes will automatically be effective upon posting on our Website, and you agree to be bound by such modifications, updates, and revisions. You should visit this page from time to time to review the current Terms.

2. YOU AGREE TO OUR PRIVACY POLICY

Our Privacy Policy (“Privacy Policy”) governs the collection, use, and disclosure of your personal information. Our Privacy Policy is incorporated herein by reference. By accessing the Website and using the Services you agree to the practices described in our Privacy Policy.

3. ELECTRONIC COMMUNICATIONS


When you visit our Website, use certain features on our Website such as our contact form, and/or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including via email, text message (if you have opted in), online chat, or by posting notices on the Website. We may send you such communications using the contact details you provide or through our contact page, which contains a contact form and lists our general and informational emails.

You agree that all agreements, notices, disclosures, signatures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. ACCOUNT


In order to access and use certain functions available on this Website, you may need to sign up for, open, and maintain an account (your “Account”) with us. If you do not agree to these Terms, you may not sign up for an Account.

You represent and warrant that at all times you will (a) provide accurate, current, and complete information about yourself as prompted by our registration form or otherwise; and (b) maintain and promptly update your information (including your email address) to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect as much, we shall have the right to terminate or suspend your Account
and any or all privileges on this Website and to the Services.

During the registration process, you may be required to choose a username and enter your email address. You acknowledge and agree that Savor Beauty may rely on this email address or username to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms. You must not choose a username that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate. You agree not to transfer your right to use or access this Website or the Services via your username and password to any third person.

5. MOBILE ACCESS

If you use a mobile device to access the Website, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Website; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your mobile service provider or otherwise. By accessing or using the Website via a mobile device, you agree to these Terms and to any applicable terms of a mobile app you may use.

You may opt in to receive SMS text messages on your mobile device, and you may opt out at any time by texting STOP or clicking the unsubscribe link (where available). Your consent is not required as a condition of purchasing Services from us. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, date, time, and content of your messages and other information you provide to Savor Beauty as part of this service. We may use this information to contact you and provide Services you request from us.

6. RESERVATION OF RIGHTS

Savor Beauty reserves the right to:

a. correct any errors, inaccuracies or omissions in the information on the Website or in our Services descriptions;

b. update, modify or change Services descriptions, images, references or content at any time without prior notice;

c. limit the availability or quantity of any Service(s) offered;

d. revise information, including pricing or availability, at any time and without notice;

e. refuse or restrict access to, or prohibit any person, user or customer from making any transaction(s) or using any Service(s); and/or

f. refuse to provide any person, user or customer with any Service(s) for any reason or no reason, in our sole discretion.

Prices, features, specifications, terms of availability and all other information regarding any Services offered through this Website are subject to change without notice. Savor Beauty shall not be responsible for any errors in pricing, descriptions, availability, or other content. You remain responsible for any taxes, duties, or other charges that may be applicable to your transactions.

These Terms shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

7. LIMITED USAGE RIGHTS

These Terms permit you to use this Website for your personal, non-commercial use only and no portion of this Website may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Savor Beauty. Savor Beauty may refuse Service, cancel orders, or restrict access at its discretion if it believes your conduct violates these Terms or applicable law. Savor Beauty also reserves the right to amend or withdraw the Website or any portion thereof at any time without notice. All rights not expressly granted are reserved by Savor Beauty.

8. INTELLECTUAL PROPERTY

A. Trademarks. All designs, drawings, plans, and documents prepared by Savor Beauty are the property of Savor Beauty. The trademarks, trade dress, logos, and service marks (collectively the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Savor Beauty, its affiliates, its third-party licensors, and others. You are not permitted to use any of the Trademarks displayed on the Website without the prior, express written consent of Savor Beauty or the third-party licensors that may own the Trademarks. You may not use any hyper- or HTML links, meta tags or any other “hidden text” utilizing Savor Beauty’s Trademarks without the express written consent of Savor Beauty or its third-party licensors. Nothing on this Website should be construed as granting any license or right to use any Trademark. All rights reserved.

B. Website Materials. All materials displayed on or contained within the Website, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic or digital materials, and names (collectively, the “Materials”) and Trademarks are the property of Savor Beauty or its licensors and are protected by copyright, trademark, patent and all other applicable intellectual property laws. You acknowledge and agree that the Website and the Materials are the property of Savor Beauty and its licensors, and that you will not acquire any rights or licenses in any Trademarks, patents, copyrights, or other intellectual property on the Website or in the Materials. You may download a copy of the Materials for your personal, non-commercial use. You may not frame or utilize framing techniques to enclose any Materials, Trademarks, or other proprietary information (including images, text, page layout, or form) of Savor Beauty without the express written consent of Savor Beauty. Any copies that you make of the Materials must retain all our copyright and other notices. Except as expressly provided for in these Terms, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the Website, including, but not limited to, any Materials, in whole or in part, to any third party; (ii) participate in the transfer, license or sale of any content on the Website, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any content on the Website, including, but not limited to, the Materials. No portion of the content on the Website may be stored in a computer except for personal and non-commercial use. All rights not expressly granted herein are reserved.


9. PERMISSIBLE USE

You agree that you shall not use the Website: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the Website; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual propert rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Website, other websites, or the internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of our Website, other websites, or the Internet. We reserve the right to terminate your use of our Website for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the Website for illegal purposes.

This Website may enable you to post comments, suggestions, feedback, or other content (“User Content”). You are solely responsible for User Content that you post or upload on the Website, and it shall not violate these Terms. By submitting User Content to the Website, you automatically grant Savor Beauty the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed and for the full term of any copyright that may exist in such User Content, without payment to you or any third parties. User Content submitted by you will be considered non-confidential, and Savor Beauty is under no obligation to treat such User Content as proprietary information except pursuant to Savor Beauty’s Privacy Policy.


10. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)/ USER-GENERATED
CONTENT


Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on our Website. Our designated agent can be reached at info@studioip.com, or via U.S. Mail at: StudioIP Law, 3000 Lawrence Street, Denver, CO 80205. DMCA Infringement Notification. To be effective, your infringement notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;

5. The following statement: “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”; and

6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of the written notification containing the information as outlined in 1 through 6 above, we will take reasonable steps to promptly review the allegedly infringing material, notify the alleged infringer if it contains third-party content, and remove or disable access to the allegedly infringing material. If necessary, we may request additional information before we remove any allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter.

Please note that under Section 512(f) of the Copyright Act, any person who makes false claims that material or an activity is infringing may be subject to liability for damages.

11. USER SUBMISSIONS

We are always pleased to receive your comments, suggestions, and ideas regarding Savor Beauty products, this Website, and other Services we provide. We are continuously working on new Service ideas for our pipeline. Many products we develop are in our pipeline for years so a concept or idea you may provide, we might already be developing or considering. Our policy is that Savor Beauty and its employees do not accept or consider unsolicited comments, suggestions, ideas, proposals, notes, drawings, concepts, marketing plans, or other materials or information (collectively “Submissions”). However, if despite our policy, you submit any Submission(s), you agree that: (a) any Submission is not
confidential, (b) we shall have no obligations regarding the Submission including, without limitation, no obligation to acknowledge, review or return the Submission, (c) you represent and warrant that you own or otherwise control all of the rights to the Submission, that all content of the Submission is accurate, that it does not infringe upon the rights of any person or entity and that use of the Submission does not violate
these Terms and will not cause financial injury to any person or entity, and (d) by virtue of your Submission, you hereby grant and assign to us, a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right to use, reproduce, modify, adapt, edit, translate, communicate, publish, market, promote, distribute, publicly and privately display, publicly and privately perform, transmit, create derivative works from and sell, and incorporate such Submissions and the names identified on the Submissions throughout the world in any media (now known or hereafter invented) for any purpose whatsoever, without restriction
and without compensating you in any way. This includes, but is not limited to, any confidential information or any original creative materials such as stories, service ideas, computer codes, or original artwork. You acknowledge that we own all rights, title, and interest in any compilation, collective work or other derivative work created using or incorporating the Submission. We may post your Submission on the Website, and we reserve the right (but not the obligation) to monitor, edit, and remove any Submission. When you send a Submission, you may choose at any time not to provide personally identifiable information. However, if you do not provide us with personally identifiable information this may restrict our ability to provide the requested Services or information (e.g., processing your order). If we receive a Submission that contains personally identifying information, such as a name, address, email, and/or telephone number, our Privacy Policy will govern how we use or disclose this information. Please refer to our Privacy Policy for further information.

12. GUIDELINES FOR REVIEWS

We may provide you areas on the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the Service being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

13. NO ENDORSEMENT OF THIRD-PARTY WEBSITES

The Website may contain links to or references to third-party websites, social media sites, resources, and advertisers (collectively, “Third-Party Websites”). Your engagement with links to such Third-Party Websites is at your own risk. Under no circumstances shall Savor Beauty be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third-Party Websites. Savor Beauty also is not responsible for the availability of these Third-Party Websites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products, or other materials made available on or through such Third-Party Websites. No endorsement of any third-party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Website. You should direct any concerns to the respective third-party website administrator or webmaster.

14. PURCHASES AND PAYMENT

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us or our third-party payment service provider. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and may result in the cancellation of your Services order. Prior to accepting an order for Services, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason, including but not limited to inaccuracies or errors in service or pricing information, or problems identified by our credit and fraud avoidance team. If your order is cancelled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.

15. RETURN POLICY

We have a 100% LOVE Guarantee: if you don't LOVE your product within 14 days of receiving your package, we'll exchange or refund it for you. Please note shipping charges are not refundable. Specific conditions for returns are detailed further in our Shipping + Returns Policy.

16. ELIBILITY

You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Website or our Services; (c) will only provide us with true, accurate, current, and complete information if we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Services (or any portion thereof); and (d) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Savor Beauty and its respective directors, officers, managers, members, licensors, employees, agents, consultants, information providers, and licensors, from and against all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms, your use of the Website or the Services, your violation of any law or the rights of a third party, the acts or omissions of any other user or third-party, or any other applicable agreements between us. If you fail to promptly indemnify and defend a covered claim, Savor Beauty shall have the right to defend itself, and in such case, you shall promptly reimburse Savor Beauty for all of its associated costs and expenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with Savor Beauty’s defense of such claim. Savor Beauty and its affiliates have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms or the Services.

18. DISCLAIMER OF WARRANTIES


Savor Beauty and its affiliates attempt to be as accurate as possible. However, Savor Beauty does not warrant that descriptions of Services or other content and Materials on the Website are accurate, complete, reliable, current, or error-free.

This Website is provided on an “as is” and “as available” basis, and without express or implied warranties of any kind, including without limitation, the implied warranties of merchantability, fitness for any particular purpose, and non-infringement. We do not represent or warrant that this Website will be uninterrupted or error free. In no event will we be liable for any damage or cause of any kind based upon or resulting from any use or inability to use this Website. You acknowledge, by your use of this Website, that your use is at your sole risk. To the extent your jurisdiction does not allow the exclusion or limitation of certain warranties, the scope and duration of such warranty in these jurisdictions and the extent of any of our liability will be the minimum permitted under such law.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SAVOR BEAUTY AND ITS LICENSORS MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING ACCURACY,
TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF
DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. SAVOR BEAUTY AND ITS AFFILIATES DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR COMMUNICATIONS SENT FROM SAVOR BEAUTY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, NEITHER SAVOR BEAUTY NOR ANYONE
ASSOCIATED WITH SAVOR BEAUTY REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

19. MEDICAL DISCLAIMER

THE INFORMATION ON THIS WEBSITE AND THE PRODUCTS ON THE WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, OR PREVENT ANY DISEASE OR TO AFFECT ANY STRUCTURE OR FUNCTION OF THE SKIN OR BODY. MEDICAL ADVICE FOR SKIN OR
OTHERWISE MUCH BE MADE BY CONSULTING WITH A HEALTHCARE PROVIDER. CONTENT ON THIS SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR HEALTHCARE ADVICE, DIAGNOSIS, TREATMENT, DIETARY, OR SAFETY ADVICE AND MAY NOT BE USED FOR SUCH PURPOSES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED EXPERTS WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL QUESTION, CONDITION, OR SAFETY CONCERN. RELIANCE ON INFORMATION PRESENTED ON THIS SITE IS AT YOUR OWN RISK. THIS SITE CONTAINS THE OPINIONS AND VIEWS OF OTHERS AND DOES NOT REPRESENT THE OPINIONS AND VIEWS OF SAVOR BEAUTY. GIVEN THE INTERACTIVE NATURE OF THIS SITE, WE CANNOT ENDORSE, GUARANTEE, OR BE RESPONSIBLE FOR THE ACCURACY OR EFFICACY OF ANY CONTENT GENERATED BY OUR USERS.

SAVOR BEAUTY ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OUR PRODUCTS. CONTACT YOUR DOCTOR IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR EMERGENCY.

20. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL SAVOR BEAUTY OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE WEBSITE, SAVOR BEAUTY’S REMOVAL OR DELETION OF ANY MATERIALS ON THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE, EVEN IF SAVOR BEAUTY OR ANY OF ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER
APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SAVOR BEAUTY OR ITS
LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAVOR BEAUTY’S LIABILITY FOR ANY CAUSE OF ACTION ARISING FROM THE SERVICES IS LIMITED TO THE AMOUNT PAID FOR THE SERVICES THAT GAVE RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100), AS APPLICABLE.

21. LIMITATION ON ACTIONS

You agree that any claim or cause of action arising out of your use of the Services or these Terms must be
filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Savor Beauty or its affiliates to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

22. APPLICABLE LAW

Subject to the arbitration provision below, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to, or in connection with these Terms will be brought exclusively in federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. The laws of the State of New York govern these Terms, without giving effect to any principles of conflicts of laws. We make no representation that the information on the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. These Terms constitute the entire agreement between Savor Beauty and Website visitors with respect to the Services.

23. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.


You and Savor Beauty agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section is intended to be interpreted broadly and governs any and all disputes between you and Savor Beauty, including but not
limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising, and any content available on or through the Services); and claims that may arise after the termination of these Terms. The
only disputes excluded from this broad prohibition are those relating to a temporary restraining order or an injunction, and the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with Savor Beauty as follows:

Initial Dispute Resolution. Most disputes can be resolved without resorting to litigation. Except for injunctive relief, intellectual property, and small claims court claims, you and Savor Beauty agree to use each of your best efforts to settle any dispute, claim, question, or disagreement directly through consultation, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration. If you and Savor Beauty do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either you or Savor Beauty may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Service (including the Terms of Service’s or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Website or Services shall be finally settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service or the Privacy Policy, including but not limited to any claim that all or any part of these Terms of Service or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties] and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover; (b) send a copy of the Demand for Arbitration, the appropriate filing fee, and this arbitration agreement, to AAA either via email at casefiling@adr.org or via mail to any AAA office; and (c) send one copy of the Demand for Arbitration to Savor Beauty via email or by mail to the contact information located at the bottom of these Terms.

Arbitrator Selection. To ensure a fair and efficient resolution process, any arbitration between you and Savor Beauty will be conducted by a single neutral arbitrator or a panel of arbitrators, unless the parties mutually agree otherwise. The arbitrator shall be selected by mutual agreement from a list provided by AAA. For the purposes of this clause, “neutral” is defined consistent with the standards of the AAA as an independent, impartial person selected to serve as a third party in an alternative dispute resolution (ADR) process, including arbitration.

Fee Terms. You and Savor Beauty agree that each party will be responsible for its own costs in preparing and presenting its case in arbitration, including legal fees, witness costs, and any expert fees, unless otherwise determined by the arbitrator. Unless otherwise agreed in writing or required by law, you and Savor Beauty will equally share the arbitrator’s fees, administrative costs, and any applicable filing fees charged by the arbitration provider. If you are unable to pay your share of the arbitration fees, Savor Beauty may advance the fees at its sole discretion, subject to potential reimbursement as determined by the arbitrator in the final award.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of New York, United States of America. You and Savor Beauty further agree to submit to the personal jurisdiction of any federal or state court in New York, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver. You and Savor Beauty further agree that the arbitration shall be conducted in your individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SAVOR BEAUTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception for Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office/Trademark Trial and Appeal Board to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s
jurisdiction.

The foregoing provisions of this section will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, your use of the Website, our intellectual property rights, or our products or Services.

Survival. This section shall survive any termination of these Terms of Service.

24. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. We may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.

25. U.S. BASED WEBSITE

The Website is controlled and operated by Savor Beauty in the United States. We do not make any representations that the Website or any Services offered via the Website are available or appropriate for use in your location. Your use of or access to the Website should not be construed as us purposefully availing ourselves of the benefits or privileges of doing business in any state or jurisdiction.

26. MISCELLANEOUS

Please review other policies posted on the Website. These policies also govern your visit to the Website. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject
matter.

27. CONTACT US

If you have any questions about this Policy, please contact us at 448 Columbus Ave., New York, NY 10024, by email at hello@savorbeauty.com, or at (888) 443-4885.

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