Last Updated: February 9, 2026
Welcome, and thank you for your interest in Beltara, LLC, doing business as Grow-Good Beauty (“Company”, “we”, or “us”) grow-good.beauty (collectively, the “Service”). Please read the Privacy Policy for information regarding how we collect, use and disclose your personal information. The Terms of Service (“Terms”) included below are a legally binding contract between you and Company regarding your use of the Service.
Please read the following terms carefully.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
Arbitration Notice. By accepting these Terms, you agree that most Disputes (defined in Section 19.1) arising under these Terms, including any claims arising from or related to your use of the Service, will be resolved BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ARBITRATION, CLASS ACTION OR REPRESENTATIVE PROCEEDING. FOR CLAIMS SUBJECT TO ARBITRATION, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract and your rights will be determined by a neutral arbitrator and not a judge or jury. IF YOU DO NOT WISH TO ARBITRATE DISPUTES, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 19.2.(See Section 19.)
1. Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
2. Accounts and Registration
To access some features of the Service, you must register for an account (“Account”). When you register for an Account, you may be required to provide us with some information about yourself, such as your name, address, email address, billing information or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you must immediately notify us by contacting customer service at info@growgood.beauty.
3. Licenses
a) Limited License. Subject to your complete and ongoing compliance with these Terms, Company grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the website obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.
b) License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
c) Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
4. Ownership; Proprietary Rights
The Service is owned and operated by Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Company are protected by intellectual property and other laws. All Materials included in the Service are the property of Company or its third party licensors. Except as expressly authorized by Company, you may not make use of the Materials. Company reserves all rights to the Materials not granted expressly in these Terms.
5. Third Party Terms
Third Party Services and Linked Websites. Company may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Company with an account on the third party service, such as Pinterest, Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Company may transfer that information to the applicable third party service. Third party services are not under Company's control, and, to the fullest extent permitted by law, Company is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Company's control, and Company is not responsible for their content.
Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
6. User Content
User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
Limited License Grant to Company. By providing User Content to or via the Service, or by submitting any User Content to any social media platform using a Company-branded hashtag, you grant Company a worldwide, non-exclusive, irrevocable, transferable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
User Content Representations and Warranties. Company disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that: you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Company and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Company, the Service, and these Terms; your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Company to violate any law or regulation or otherwise cause liability for Company; and your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Company may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Company with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Company does not permit copyright-infringing activities on the Service.
Monitoring Content. Company does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Company reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Company chooses to monitor the content, Company still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
7. Prohibited Conduct
By using the service you agree not to:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 8) or any right or ability to view, access, or use any Materials; or
- attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
8. Digital Millennium Copyright Act
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Telos Legal Corp.
ATTN: Company Group, Inc.
Legal Department (Copyright Notification)
13 W. Main Street, P.O. Box 953, Felton DE 19943
Email: info@growgood.beauty
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Repeat Infringers. Company will promptly terminate the accounts of users that are determined by Company to be repeat infringers.
9. Modification of these Terms
We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 13, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Unless material changes are made to the arbitration provision under Section 19, you agree that modification of these Terms does not create a new right to opt out of arbitration.
10. Term, Termination and Modification of the Service
a) Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2.
b) Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by sending an email to info@growgood.beauty.
c) Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Company any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 3(c), 4, 6, 10(c), 11, 12, 13, 14, 15 and 16 will survive.
d) Modification of the Service. Company reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Company will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
11. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service and Products, and you will defend and indemnify Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Company Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
12. Disclaimers; No Warranties
Except as provided for in these terms, the service, products, and all materials and content available through the service are provided “as is” and on an “as available” basis. to the extent permitted by law, Company disclaims all warranties of any kind, whether express or implied, relating to the service, products, and all materials and content available through the service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Company does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Company does not warrant that any of those issues will be corrected.
No advice or information, whether oral or written, obtained by you from the service or Company entities or any materials or content available through the service will create any warranty regarding any of the Company entities, products, or the service that is not expressly stated in these terms. We are not responsible for any damage that may result from the service, products, and your dealing with any other service user. you understand and agree that you use any portion of the service and products at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content.
The limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law. Company does not disclaim any warranty or other right that Company is prohibited from disclaiming under applicable law.
13. Limitation of Liability
To the fullest extent permitted by law, in no event will the Company entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service (including claims related to our Privacy Policy or other privacy or data security claims), whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Company entity has been informed of the possibility of damage.
Except as provided in section 15 (d) and to the fullest extent permitted by law, the aggregate liability of the Company entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service, products, or otherwise under these terms or your use of the service (including claims related to our Privacy Policy or other privacy or data security claims), whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to Company for products or access to and use of the service in the 1 month prior to the event or circumstance giving rise to claim; or (b) $100.
Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. each of these provisions is severable and independent of all other provisions of these terms. the limitations in this section 13 will apply even if any limited remedy fails of its essential purpose.
Notice to New Jersey Residents. No provisions in these Terms should be construed to waive any or disclaim any established legal right of a consumer or any legal responsibility of Company owed to consumers. All provisions of these Terms, including exculpatory provisions disclaiming liability for damages, including indirect, incidental, punitive, exemplary, special or consequential damages, are disclaimed with respect to New Jersey consumers only to the fullest extent permitted by New Jersey law and in no event shall the waivers, disclaimers, or limitations on Company's liability exceed the limits allowable under the laws of the State of New Jersey. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
14. Dispute Resolution and Arbitration
(a) Generally. Except as described in Section 19(b) or to the extent prohibited by applicable law, you and Company agree that every dispute arising between you and Company in connection with your use of the Service, our Products, or these Terms, including claims related to our Privacy Policy or other privacy and data security claims, ("Disputes") will be resolved by binding individual arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award, but only to the extent necessary to provide relief warranted by a party’s individual claim. This agreement to arbitrate Disputes includes all such claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(b) Exceptions; Opt-Out. Despite the provisions of Section 19 (a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law to the extent necessary to enforce the arbitration provisions of this agreement; or (d) to file suit in a court of law to address an intellectual property infringement claim.
In addition, you may opt out of the provisions of this Section 19 by sending to Company a written opt-out notice that specifies: your full legal name, the email address associated with your account on the Service, your postal mailing address, the date that you agreed to the Terms, and a statement that you are opting out of the arbitration provision of the Terms (“Opt-out Notice”). To be valid, Opt-out Notices must be mailed on an individual basis to Telos Legal Corp., ATTN: Beltara, LLC Legal Department – Arbitration Opt-Out, 13 W. Main Street, P.O. Box 953, Felton DE 19943, and the date of mailing must be within 30 days of (a) the date that you first agreed to a version of the Terms dated February 9, 2026 (as confirmed by Company’s records) or (b) you first using our Service, whichever is later.
(c) Arbitrator. Any arbitration between you and Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Mediation Procedures (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company. The arbitrator has exclusive authority to resolve any Dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
(d) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures. If you believe you have a Dispute against Company or if Company believes it has a Dispute against you, the parties will first attempt to resolve the Dispute informally to try to resolve the Dispute more quickly and reduce costs for both parties. You and Company will make a good-faith effort to negotiate the resolution of any Dispute for 60 days (which may be extended by agreement) (“Informal Resolution Period”), from the day either party receives a written notice of the Dispute from the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (each such notice, a “Claimant Notice”). To facilitate the parties’ efforts to reach an efficient resolution of any Dispute, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Resolution Process through the date when suit or arbitration may be filed under these Terms.
Company’s address for Claimant Notices is: Telos Legal Corp., ATTN: Beltara, LLC Legal Department – Arbitration Opt-Out, 13 W. Main Street, P.O. Box 953, Felton DE 19943. The Claimant Notice must: (a) describe the nature and basis of the Dispute, including the date(s) on which the Dispute arose and the specific facts on which the Dispute is based; (b) set forth the specific relief sought; (c) include the claimant’s name, address, and email address; and (d) include a personally signed statement from the claimant (and not only its counsel) verifying the accuracy of the contents of the Claimant Notice.
The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The parties will make good faith efforts to resolve the Dispute directly, but if the parties do not reach an agreement to do so within the Informal Resolution Period, you or Company may commence an arbitration proceeding. The parties may agree to extend the Informal Resolution Period.
No arbitration demand (“Demand”) may be filed for, or proceed to, arbitration before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Company files a Demand without complying with the requirements in this Section 19, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.
(e) Confidentiality of Arbitration Proceedings. If you or Company files a Demand, you and Company agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Company agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
(f) Settlement Offers. During the arbitration, the amount of any settlement offer made by you or Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In any arbitration between you and Company, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. If the party bringing the claim rejects the written settlement offer within 7 days after receiving it and the arbitration award is either (a) in favor of the party bringing the claim and is equal to or less than the defending party’s written settlement offer or (b) in favor of the defending party, then the party bringing the claim must pay the defending party’s costs incurred after the offer was made, including any arbitration fees paid. However, if applicable law prohibits the defending party from recovering its costs from the party bringing the claim, then the party bringing the claim may recover only those costs to which it is otherwise entitled that were incurred before the date the written settlement offer was made, and may not recover any costs incurred after the date the written settlement offer was made. The fact, amount, or terms of any settlement offer under this subsection may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim.
(g) Fees. The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the AAA Rules, as modified by these Terms. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(h) Date, Time, Place, and Method of Hearing. For Disputes in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Disputes in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve Disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(i) Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Disputes and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 19 (i) will apply to all such Claimant Notices. A Claimant Notice provided as part of a Mass Dispute may proceed to arbitration only as set forth below.
Applicable Rules. Any Demands based on these Claimant Notices filed in arbitration will be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disagreement over whether a Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.
Initial Arbitrations. The parties will identify an initial set of 20 Claimant Notices to proceed as Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set will be selected as follows. Counsel representing the claimants in a Mass Dispute must notify the other party in writing when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all claimants and counsel for the responding party each will then select 10 Claimant Notices to proceed as Demands. Claimants will then file their Demands for the 20 selected Claimant Notices. No Claimant Notice or Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Demand, and will preside only over one Demand, unless the parties agree otherwise.
Mediation. Upon conclusion of the 20 initial arbitrations (or sooner if the parties agree) and before proceeding with any other Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties will have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.
Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 20.
If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative class(es) must be limited to those claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.
If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 19.4 to proceed in arbitration in the same manner as described in Section 19.(i–Applicable Rules), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.
(j) No Class Actions. YOU AND COMPANY 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. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(k) Enforceability. If Section 19(j) is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 16 will govern any action arising out of or related to these Terms.
15. Miscellaneous
General Terms. These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Company regarding your use of the Service and purchase of Products. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
Additional Terms. Your use of the Service and Products is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Electronic Communications. You agree that communications and transactions between us may be conducted electronically.
Contact Information. The Service is offered by Beltara, LLC at 12889 Moore Street, Cerritos, CA 90703. You may contact us by sending correspondence to Telos Legal Corp., ATTN: Beltara, LLC Legal Department – Arbitration Opt-Out, 13 W. Main Street, P.O. Box 953, Felton DE 19943 or by emailing us at info@growgood.beauty.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
International Use. Company is based in the United States. We make no representation that the Service is appropriate or available for use in all jurisdictions. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited. Occasionally a vendor requests that Company restrict the sale of their brand or products to certain countries. Though Company prefers not to limit the brands and products that Company sells, Company must honor its vendor’s wishes. However, Company continually reviews such restrictions with its vendors to see if any changes can be made. You will be alerted at checkout if an item in your cart is restricted from shipping to your country. If you put a restricted item in your cart, you will not be able to check out until that item is removed from your cart or you change your shipping address.