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Privacy Policy Last Updated: May 20, 2025

  

Terms & Conditions

Last Updated: May 20, 2025

Please review the following terms and conditions ("Terms") that govern your use of and purchase of products from (collectively, "Use") My Graceful Beauty.com and any My Graceful Beauty brand mobile applications (collectively, our "Site"). The Site is provided by My Graceful Beauty, Inc. ("My Graceful Beauty"). By creating an Account or otherwise accessing or using the Site, you acknowledge and agree to follow and be bound by these Terms. By purchasing a product from the My Graceful Beauty Marketplace, you agree to the My Graceful Beauty Marketplace Terms & Conditions. The My Graceful Beauty Marketplace Terms & Conditions are incorporated into these Terms, and any reference to these Terms includes the My Graceful Beauty Marketplace Terms & Conditions.

THESE TERMS INCLUDE A DISPUTE RESOLUTION SECTION THAT INCLUDES AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH IN SECTION 16, BELOW. PLEASE REVIEW CAREFULLY.

1.  Eligibility
You must be at least 13 years old to Use the Site. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and Use the Site with permission from your parent or legal guardian. By using the Site, you represent and warrant that: (a) all information you submit during Account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your Use of the Site does not violate any applicable law or regulation. Your profile and Account may be terminated and deleted without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

2.  Accounts & Registration
You must set up a user account to use certain features of the Site ("Account"), such as when you register for a shopping account and participate in services including Wish List, Product Reviews, and My Graceful Beauty Social. You will need to provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Site that occurs under your Account, including, but not limited to, Use of the Site by any person who uses your Account, with or without authorization. You agree to notify My Graceful Beauty customer service immediately of any unauthorized use or any other breach of security on your Account. My Graceful Beauty will not be liable for losses incurred as a result of an unauthorized use of a password or account. Personal information submitted through the Site is governed according to My Graceful Beauty's Privacy Policy.

3. Shipping, Processing & In-Store Pickup
For information about our shipping and other delivery options and policies, please visit our Pickup and Delivery page.

4. Merchandise Availability
Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email. You can always verify availability by calling Customer Service at 1.888.282.6060 or by joining us in Chat. You will receive a shipping confirmation email once your items have shipped.

5. Product Information
The prices displayed on our Site may differ from prices that are available in stores. Our pricing may also differ from store to store and between different My Graceful Beauty brands (that is, My Graceful Beauty, My Graceful Beauty Rack, and any other My Graceful Beauty brands). My Graceful Beauty products displayed on the Site may be available in selected My Graceful Beauty stores in the United States. The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor or mobile device and may not be accurate. Additionally, from time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the Site, including prices, product images, specifications, and/or availability. My Graceful Beauty reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away.

6. Transactions
We reserve the right to refuse or cancel any order you place on the Site, including for pricing errors, as set forth in our Pricing Policy. We reserve the right to limit quantities on orders placed by the same Account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We reserve the right to, in our sole discretion, prohibit purchases of any products to resellers, dealers, and distributors.

If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf.

You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. In addition, you remain responsible for any taxes that may be applicable to your transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.

7. Site Contents
The visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, materials, and content of the Site, the Site as a whole, and all other elements of the Site (collectively, "Contents") are protected by copyright, trademark, trade dress, patent, or other intellectual property rights. All Contents are owned, controlled, or licensed by My Graceful Beauty or its subsidiaries and affiliates. Any use of the Contents without My Graceful Beauty's express written consent is strictly prohibited. My Graceful Beauty reserves all rights to the Contents not granted expressly in these Terms. Any material downloaded or otherwise obtained through the Use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

My Graceful Beauty grants you a limited license to access and Use the Site and the Content solely for your personal, noncommercial Use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial Use only. No right, title, or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

8. Comments, Feedback & Other Submissions
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to My Graceful Beauty using this Site or otherwise (collectively, "Comments") are not confidential. You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Comments in any manner and for any purpose, including to improve the Site and create other products and services.

9. Privacy
Any personal information that you provide to My Graceful Beauty is subject to our Privacy Policy. Please review the Privacy Policy for more information about how we collect and use personal information.

10. User Content
Certain features of the Site may permit users to upload, submit, and post content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the Site. My Graceful Beauty uses a variety of third-party social media websites, communication services, and media channels such as Facebook, Twitter, and Instagram (collectively, "Social Media Assets") to communicate and interact with our customers. Any content or materials submitted or posted to these Social Media Assets will be considered User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Site or Social Media Assets. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site.

My Graceful Beauty does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs, or otherwise contained in the Site and expressly disclaims any and all liability in connection with User Content submissions. My Graceful Beauty disclaims any and all liability in connection with User Content, and you agree that My Graceful Beauty and its third-party service providers are not responsible, and shall have no liability to you, with respect to any User Content.

If you are a My Graceful Beauty employee and submit a review as part of your User Content, you must disclose your employment status within that review.

By providing User Content via the Site or Social Media Assets, you affirm, represent, and warrant that:

a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize My Graceful Beauty and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by My Graceful Beauty, the Site, and these Terms;

b) 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 My Graceful Beauty to violate any law or regulation or otherwise cause liability for My Graceful Beauty;

c) if you are a My Graceful Beauty employee, that you have disclosed this fact in any review you have submitted; and

d) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate

11. License to Your Content
By posting, displaying, uploading, or providing User Content to the Site or Social Media Assets, you hereby grant My Graceful Beauty a perpetual, irrevocable, royalty-free, sublicensable, worldwide license to use, copy, distribute, reproduce, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes. By providing User Content to or via the Site to other users of the Site, 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 Site.

12. Sole Discretion to Edit or Screen Content
My Graceful Beauty does not and cannot review or screen all User Content and is not in any manner responsible for the content of User Content. You acknowledge that by providing you with the ability to view and distribute User Content on the Site, My Graceful Beauty is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. My Graceful Beauty reserves the right, but undertakes no duty, to at any time and without prior notice review, screen, remove, edit, move, delete, or block any User Content, in its sole discretion, without notice. If at any time My Graceful Beauty chooses, in its sole discretion, to monitor the Site, My Graceful Beauty nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.

13. Acceptable Use
You are responsible for your Use of the Site. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you Use the Site, you may not:

  • violate any law or regulation;
  • violate, infringe, or      misappropriate other people's intellectual property, privacy, publicity,      or other legal rights;
  • post or share anything that is      illegal, abusive, harassing, pornographic, indecent, profane, obscene,      hateful, racist, or otherwise objectionable;
  • submit, send, post, upload, or      otherwise make available unsolicited or unauthorized advertising or      commercial communications, such as spam, advertising, promotional      materials, junk mail, chain letters, or any other form of solicitation;
  • advertise to, or solicit, any      user to buy or sell any products or services, or use any information      obtained from the Site to contact, advertise to, solicit, or sell to any      user without their prior explicit consent;
  • submit any content linking to      multilevel marketing schemes, pyramid schemes, or off-topic content;
  • engage in spidering or      harvesting, or participate in the use of software, including spyware,      designed to collect data from the Site;
  • alter or tamper with any      Contents, information, or materials on or associated with the Site;
  • transmit any viruses, malicious      code, or other computer instructions or technological means whose purpose      is to disrupt, damage, or interfere with the use of computers or related      systems;
  • post or transmit, or cause to be      posted or transmitted, any communication or solicitation designed or      intended to obtain password, account, or any other personally identifiable      or private information from any user;
  • disrupt, overwhelm, attack,      modify or interfere with the Site or its associated software, hardware, or      servers in any way;
  • take any action that imposes, or      may impose in our sole discretion, an unreasonable or disproportionately      large load on our infrastructure;
  • impede or interfere with others'      Use of the Site;
  • abuse, defame, threaten,      intimidate, stalk, harass, or harm another individual;
  • impersonate any person or entity      or perform any other similar fraudulent activity, such as phishing
  • use any robots, spiders,      scrapers, or any other automated means to access the Site for any purpose;
  • use any means to scrape or crawl      any web pages contained on the Site;
  • attempt to circumvent any      technological measure implemented by us or any of our providers or any      other third party (including another user) to protect or restrict access      to the Site;
  • attempt to frustrate the purpose      of the Site or these Terms; or
  • advocate, encourage, or assist      any third party in doing any of the foregoing.

14. Copyright Infringement Policy/DMCA
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied or used on the Site in a way that constitutes copyright infringement, please send the following information to the Copyright Agent named below:

  • Your address, telephone number,      and email address.
  • A description of the copyrighted      work that you claim has been infringed.
  • A description of where the      alleged infringing material is located on the Site.
  • A statement by you that you have      a good faith belief that the disputed use is not authorized by you, the      copyright owner, its agent, or the law.
  • An electronic or physical      signature of the person authorized to act on behalf of the owner of the      copyright interest.
  • A statement by you, made under      penalty of perjury, that the above information is accurate and that you      are the copyright owner or authorized to act on behalf of the copyright      owner.
  • The contact information for My      Graceful Beauty's Copyright Agent is as follows:

Copyright Agent
My Graceful Beauty, Inc.
31 W 34th Street Suite 8149
New York, New York 10001
Email: askme@mygracefulbeauty.com

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.

My Graceful Beauty may at its discretion suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe the copyright rights of others.

15. Disclaimer, Limitation of Liability & Indemnity
THIS SITE, ALL CONTENTS, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. MY GRACEFUL BEAUTY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MY GRACEFUL BEAUTY DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH MY GRACEFUL BEAUTY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. 

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER MY GRACEFUL BEAUTY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE.

MY GRACEFUL BEAUTY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF MY GRACEFUL BEAUTY'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MY GRACEFUL BEAUTY AND ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM MUST BE PROVIDED TO MY GRACEFUL BEAUTY WITHIN TWELVE (12) MONTHS OF ITS ACCRUAL OR YOU AGREE THAT IT IS FOREVER WAIVED AND TIME-BARRED.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to My Graceful Beauty through the Site during the prior twelve (12) months.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations, and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

16. Dispute Resolution (Including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver)
Our Customer Service Specialists are ready to assist you and address your concerns—email contact@ askme@mygracefulbeauty.com or call 1.888.811.0077 24 hours a day.

For purposes of this Section 16 (Dispute Resolution), "My Graceful Beauty," "we," and "our" shall include My Graceful Beauty, Inc. and its past, present, and future subsidiaries, parents, affiliates, agents, employees, officers, directors, predecessors in interest, successors, representatives, and assigns.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MY GRACEFUL BEAUTY WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Arbitration Agreement

  • Binding      Individual Arbitration. Any claim, controversy, or      dispute arising out of or relating to these Terms, your access or Use of      our Site or any products or Services offered by or purchased from My      Graceful Beauty through our Site or store, or any aspect of your      relationship with My Graceful Beauty, whether based in contract, tort,      statute, fraud, misrepresentation, or any other legal theory,      ("Dispute") will be resolved through binding individual      arbitration as set forth in this Mandatory Dispute Resolution Section,      except (a) either you or My Graceful Beauty may initiate a Dispute in or      take a Dispute to small claims court so long as it isn't removed or      appealed to a court of general jurisdiction and (b) as otherwise expressly      provided herein. Whether a Dispute falls within the jurisdictional limits      of small claims court is for the small claims court to decide in the first      instance and otherwise for a court of competent jurisdiction to decide.

        Dispute will be given the broadest possible meaning permitted by law. It      includes, but is not limited to: (a) any dispute or claim that arose      before the existence of these or any prior Terms (including, but not      limited to, claims relating to advertising); (b) any dispute or claim that      is currently the subject of a purported class action litigation in which      you are not a member of a certified class; and (c) any dispute or claim      that may arise after termination of these Terms and our relationship with      you. Dispute, however, does not include disagreements or claims concerning      patents, copyrights, trademarks, trade secrets, or other intellectual      property, and claims of piracy or unauthorized use of intellectual      property.  

        The arbitrator shall decide all issues except the following (which are for      a court of competent jurisdiction to decide): (a) issues that are reserved      for a court in these Terms; (b) issues that relate to the scope, validity,      and enforceability of the arbitration agreement, class action waiver, or      any of the provisions of this Dispute Resolution section; and (c) issues      that relate to the arbitrability of any Dispute. A court of competent      jurisdiction shall have the limited and non-exclusive authority to decide      if a Dispute is time-barred under contractual or statutory limitations      periods or that the filing of a demand for arbitration has been authorized      by the claimant. These Terms and its arbitration agreement do not prevent      you from bringing a Dispute to the attention of any government agency. You      and My Graceful Beauty agree that these Terms evidence a transaction in      interstate commerce and that this arbitration agreement will be      interpreted and enforced in accordance with the Federal Arbitration Act      and U.S. federal arbitration law and not state arbitration law.
  • Mandatory      Informal Dispute Resolution Process. If you and My Graceful      Beauty have a Dispute, you and My Graceful Beauty agree to make a good      faith effort to informally resolve it. The party initiating the Dispute      must send a written notice to the other party that describes the Dispute.      The notice must include all of this information: (a) the initiating      party's contact information (including name, address, telephone number,      and email address) (with their counsel's contact information, if      represented); (b) sufficient information to enable the other party to      identify any transaction(s) and account(s) at issue (including receipts      and product and purchase details if applicable to the Dispute); and (c) a      detailed description of (1) the Dispute, (2) the nature and basis of the      claims, and (3) the nature and basis of the relief sought, with a detailed      calculation for such relief. The notice must be personally signed by the      party initiating the Dispute (and their counsel, if represented).

        If you have a Dispute with us, you must send this notice, including all of      the information referenced above, by email to: askme@mygracefulbeauty.com or      by mail to: My Graceful Beauty, Inc., Attn: General Counsel and Corporate      Secretary, 31 W 34th Street Suite 8149 NY, NY 10001. If we have      a Dispute with you, we will send this notice, including all of the      information referenced above, to you at the most recent contact      information we have on file for you.

        For a period of sixty (60) days from receipt of a completed notice (which      can be extended by agreement of the parties), you and we (and counsel, if      you and we are represented) agree to negotiate in good faith in an effort      to informally resolve the Dispute. To this end, the party receiving the      notice may request a telephone settlement conference to aid in the      resolution of the Dispute. If such a conference is requested, you and a My      Graceful Beauty representative will personally attend (with counsel, if      you and we are represented). The conference will be scheduled for a      mutually convenient time, which may be outside of the 60-day period.

        If the Dispute is not resolved within sixty (60) days after receipt of a      completed notice (which period can be extended by agreement of the      parties), you or My Graceful Beauty may commence a formal dispute      resolution proceeding consistent with the process set forth below. Compliance      with and completion of this Mandatory Informal Dispute Resolution Process      ("Process") is a condition precedent to you or My Graceful      Beauty commencing any formal dispute resolution proceeding in arbitration      or small claims court. All applicable limitations periods (including      statutes of limitations) will be tolled from the date of receipt of a      completed notice through the conclusion of this Process. If the      sufficiency of a notice or compliance with this Process is at issue, such      issue may be raised with and decided by a court at either party's      election, and any formal dispute resolution proceeding shall be stayed      pending resolution of the issue. A court of competent jurisdiction shall      have the authority to enforce this condition precedent to arbitration,      which includes the power to enjoin the filing or prosecution of a demand      for arbitration. Nothing in this section limits the right of a party to      raise the sufficiency of a notice or compliance with this Process or to      seek damages for non-compliance with this Process in arbitration,      including with a Process Arbitrator. You or we may commence arbitration      only if the Dispute is not resolved through compliance with this Process.
  • Arbitration      Procedures. You and My Graceful Beauty agree that the arbitration will be      administered by the American Arbitration Association ("AAA") and      conducted in accordance with the applicable AAA rules ("AAA      Rules") as modified by this arbitration agreement. If the AAA is      unavailable or unwilling to administer arbitrations consistent with this      arbitration agreement, another arbitration provider shall be selected by      the parties that will administer arbitrations consistent with this      arbitration agreement. If the parties cannot agree on a provider, they shall      petition a court of competent jurisdiction to appoint an arbitration      provider that will do so.   

        The party seeking to initiate arbitration must provide the other party      with the demand for arbitration as specified in the AAA Rules and this      arbitration agreement. An arbitration demand must include all of the      information required to be provided in the notice above. When initiating      arbitration, you shall personally certify to My Graceful Beauty and to the      AAA that you are a party to this arbitration provision and provide a copy      or link to it. To begin an arbitration proceeding, you or My Graceful      Beauty must send a personally signed demand for arbitration that describes      (a) the nature and basis of the claims, and (b) the nature and basis of      the relief sought, including a detailed calculation for such relief. The      demand for arbitration must be personally signed by the party initiating      arbitration (and their counsel, if represented). By signing the demand for      arbitration, a party (and their counsel, if represented) certifies that      they have complied with (a) the Process referenced above and (b) all of the      requirements of Federal Rule of Civil Procedure 11(b), including that the      claims and relief sought are neither frivolous nor brought for an improper      purpose. The arbitrator is authorized to award any relief or impose any      sanctions available under Federal Rule of Civil Procedure 11 or applicable      federal or state law against all represented parties and counsel as a      court would. If you are initiating arbitration, you shall serve the demand      for arbitration on My Graceful Beauty via mail to My Graceful Beauty,      Inc., Attn: General Counsel and Corporate Secretary, 1617 6th Avenue,      Seattle, WA 98101. If My Graceful Beauty is initiating arbitration, we      shall serve the demand for arbitration on you at the most recent address      we have on file for you. The party initiating arbitration must follow the      appropriate procedures with the AAA to commence the arbitration, which are      available at www.adr.org or by contacting the AAA.

        The arbitration shall be heard by a single, neutral arbitrator. The party      initiating arbitration may choose to have the arbitration conducted by a      phone, video, or in-person hearing, or solely through written submissions,      except the respondent in any arbitration where the claimant is seeking      $10,000 or more or injunctive relief shall have the right to elect a      hearing. You and we reserve the right to request a hearing in any matter      from the arbitrator. You and a My Graceful Beauty representative will      personally appear at any hearing (with counsel, if represented). Any      in-person hearing will be held in the county or parish in which you reside      or at another mutually reasonably convenient location. An arbitrator may      award on an individual basis any relief that would be available in a      court, including injunctive or declaratory relief only in favor of the      individual party seeking relief and only to the extent necessary to      provide relief warranted by that party's individual claim. To the      fullest extent permitted by applicable law, you and we agree that each may      bring claims against the other only in your or our individual capacity and      not as a plaintiff or class member in any purported class, collective,      consolidated, private attorney general, or representative proceeding.      Further, unless both you and we agree otherwise, an arbitrator may not      consolidate more than one person's claims and may not otherwise preside      over any form of class, collective, consolidated, private attorney general,      or representative proceeding. An arbitrator is empowered to follow and      enforce these Terms as a court would. If, after exhaustion of all appeals,      any of these prohibitions on non-individualized injunctive or declaratory      relief and class, collective, consolidated, private attorney general, or      representative proceedings are found to be unenforceable with respect to a      particular claim or request for relief (such as a request for public      injunctive relief), then such a claim or request for relief will be decided      by a court of competent jurisdiction, after all other claims and requests      for relief are arbitrated.

        The arbitrator shall issue a reasoned written decision sufficient to      explain the essential findings and conclusions. The arbitrator shall apply      the cost-shifting provisions of Federal Rule of Civil Procedure 68 after      entry of an award. Judgment on any arbitration award may be entered in a      court of competent jurisdiction, except an award that has been fully      satisfied may not be entered. An award shall have no preclusive effect in      any other arbitration or proceeding in which you are not a named party.
  • Arbitration      Costs. Payment of all filing, administration and arbitrator fees will      be governed by the AAA Rules. You and we agree that the parties have a      shared interest in reducing the costs and increasing the efficiencies      associated with arbitration. You and we agree that the parties (and      counsel, if represented) will work together in good faith to ensure that      arbitration remains cost-effective for all parties. The parties shall be      responsible for their own attorneys' fees and costs in arbitration, unless      they are authorized by law or the arbitrator determines that a claim was      frivolous or brought for an improper purpose.
  • Additional      Procedures for Mass Arbitrations. You and we agree that these      Additional Procedures for Mass Arbitrations (in addition to the other      provisions of this arbitration provision and the applicable AAA Rules)      shall apply if you choose to bring your Dispute as part of a Mass      Arbitration (defined below). If twenty five (25) or more similar Disputes      (including yours) are asserted against My Graceful Beauty by the same or      coordinated counsel or are otherwise coordinated ("Mass      Arbitration"), you understand and agree that these Additional      Procedures for Mass Arbitrations will apply and that they are designed to      (a) lead to the streamlined and cost-effective resolution of claims; (b)      ensure that large volume filings do not impose unnecessary burdens or      impediments to the resolution and cost-effective adjudication of similar      claims; and (c) preserve the integrity of the arbitration process. You also      understand and agree that by choosing to bring your Dispute as a part of a      Mass Arbitration that the resolution of your Dispute might be delayed and      ultimately proceed in court and not in arbitration. The parties agree that      as part of these procedures, their counsel shall meet and confer in good      faith in an effort to resolve the Disputes, streamline procedures, address      the exchange of information, modify the number of Disputes to be      adjudicated, and conserve the parties' and the AAA's resources.

        If you choose to bring your Dispute as part of a Mass Arbitration, any      applicable limitations periods (including statutes of limitations) shall      be tolled for your Dispute from the time that your Dispute is first      submitted to the AAA until your Dispute is selected to proceed as part of      a staged process or is settled, withdrawn, otherwise resolved, or opted      out of arbitration pursuant to this provision.

        STAGE ONE: If at least one hundred (100) Disputes are submitted as part of      the Mass Arbitration, counsel for the claimants and counsel for My      Graceful Beauty shall each select 50 Disputes to be filed and to proceed      as cases in individual arbitrations as part of this initial staged      process. The number of Disputes to be selected to proceed in Stage One may      be increased by agreement of counsel for the parties (and if there are      fewer than 100 Disputes, all shall proceed individually in Stage One).      Each of the 100 (or fewer) cases shall be assigned to a different      arbitrator and proceed individually. If a case is withdrawn before the      issuance of an arbitration award, another claim shall be selected to      proceed as part of Stage One. The remaining Disputes shall not be filed or      deemed filed in arbitration nor shall any arbitration fees be assessed or      collected in connection with those claims. After this initial set of proceedings,      counsel for the parties shall participate in a global mediation session      with a retired federal or state court judge jointly selected by counsel in      an effort to resolve the remaining Disputes, and My Graceful Beauty shall      pay the mediator's fee.

        STAGE TWO: If the remaining Disputes have not been resolved at the      conclusion of Stage One, counsel for the claimants and counsel for My      Graceful Beauty shall each select 100 Disputes per side to be filed and to      proceed as cases in individual arbitrations as part of a second staged      process. The number of Disputes to be selected to proceed as part of this      second staged process can be increased by agreement of counsel for the      parties (and if there are fewer than 200 Disputes, all shall proceed      individually in Stage Two). No more than five cases may be assigned to a      single arbitrator to proceed individually. If a case is withdrawn before      the issuance of an arbitration award, another claim shall be selected to      proceed as part of Stage Two. The remaining Disputes shall not be filed or      deemed filed in arbitration nor shall any arbitration fees be assessed or      collected in connection with those claims. After this second set of staged      proceedings, the parties shall engage in a global mediation session of all      remaining Disputes with a retired federal or state court judge jointly      selected by counsel in an effort to resolve the remaining Disputes, and My      Graceful Beauty shall pay the mediator's fee.

    Upon the completion of the mediation set forth in Stage Two (and      assuming counsel for the parties do not jointly agree to continue      engagement through further mediation or otherwise), each remaining Dispute      (if any) that is not settled or not withdrawn shall be opted out of      arbitration and may proceed in a court of competent jurisdiction      consistent with the remainder of the Terms. Notwithstanding the      foregoing, counsel for the parties may mutually agree in writing to      proceed with the adjudication of some or all of the remaining Disputes in      individual arbitrations consistent with the process set forth in Stage Two      (except Disputes shall be randomly selected and mediation shall be      elective by agreement of counsel) or through another mutually agreeable      process. A court of competent jurisdiction shall have the authority to      enforce the Additional Procedures for Mass Arbitrations, including the      power to enjoin the filing or prosecution of arbitrations and the      assessment or collection of arbitration fees. The Additional      Procedures for Mass Arbitrations and each of its requirements are      essential parts of this arbitration agreement. If, after exhaustion of all      appeals, a court of competent jurisdiction decides that the Additional      Procedures for Mass Arbitrations apply to your Dispute and are not      enforceable, then your Dispute shall not proceed in arbitration and shall      only proceed in a court of competent jurisdiction consistent with the      remainder of the Terms.
  • Future Changes      to Dispute Resolution Section. Notwithstanding any      provision to the contrary, you and we agree that if My Graceful Beauty      makes any future changes to this arbitration agreement (other than a      change to the mailing or email address), you may reject any such change by      sending us written notice personally signed by you within thirty (30) days      of the change to  My Graceful Beauty, Inc., Attn: General Counsel and      Corporate Secretary, 1617 6th Avenue, Seattle, WA 98101. The written      notice must include the following information: (a) your name, address,      phone number, and email address and (b) a statement that you wish to opt      out of changes to the arbitration agreement. Such written notice does not      constitute an opt out of arbitration altogether. By rejecting any future      change to the arbitration agreement, you are agreeing that you will      arbitrate any Dispute between us in accordance with the language of this      version of the arbitration agreement.

Class Action Waiver

You and My Graceful Beauty each agree that any proceeding, whether in arbitration or in court, shall be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

Jury Trial Waiver

To the fullest extent permitted by applicable law, you and My Graceful Beauty waive the right to a jury trial.

17. Applicable Law & Venue
The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Washington, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal arbitration law as set forth above. You agree that all matters relating to your access to or Use of the Site, including all disputes and claims, will be governed by the laws of the United States and by the laws of the State of Washington.

Unless you and My Graceful Beauty agree otherwise, to the fullest extent permitted by law, the state and federal courts in Seattle, Washington, will have exclusive jurisdiction over any disputes and claims (except for those brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the Terms, including the Dispute Resolution Section or any of its provisions. You and My Graceful Beauty consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.

18. Links to Other Websites & Services
This Site may include links to other websites maintained by third parties ("Linked Sites"). My Graceful Beauty provides Linked Site


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