# Terms of use _Effective Date: June 2, 2015_ Welcome to Volition, a unique online marketplace for specialty beauty products co-created by you! The services described herein, including all websites, mobile applications and content (collectively, the “Service”) are provided by Volition Beauty, a Delaware Corporation. These Terms of Use are a legally binding agreement made between you ("you," "your," or "yourself") and us (" Volition”, "we," "us" or "our"), and set forth the applicable terms and conditions governing the use of our Service, so please review them carefully. By creating a Service account with us, you also accept and agree to be subject to and abide by our Privacy Policy, which is incorporated herein by reference. We may choose to update these Terms of Use at any time by posting an update to this site. We encourage you to review these Terms of Use periodically, as your continued use of the Service will mean you accept those changes, whether you have read them or not. In addition, we shall both be subject to any posted guidelines or rules applicable to the Service, which may be posted from time to time. All contact with us should be made via email to [service@volitionbeauty.com](mailto:service@volitionbeauty.com) in reference to any questions or comments concerning these Terms of Use or Privacy Policy. ## 1. Description of Service Volition is the first and only online beauty brand that empowers its customers to co-create and curate its product lines. We see our mission as democratizing beauty. We partner directly with, and then feature prominently, the true sources of beauty product innovation - people like yourself. ## 2. Registration As a condition to using the Service, we ask that you create an account by registering with us directly, or through a third party social media account. In that registration process, we require that you provide certain information, such as your full name and email address, and create a unique password. To sign up for an account, you must be at least thirteen (13) years of age. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your account. You may not use the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without receiving appropriate authorization, or a name that is offensive, vulgar, or obscene. ## 3. Volition Products The products displayed on our Service can be ordered and delivered only within the U.S. Note that certain products may also be available in select U.S. retail stores. All prices displayed on the Service are quoted in U.S. Dollars and are valid and effective only in the U.S. All material and information presented by Volition is intended to be used for personal, educational or informational purposes only. Product results may vary between individuals. The statements made about our products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products presented on our Service are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. ## 4. Submission of Product Ideas You may submit a product idea or ideas for potential development by Volition at any time in accordance with these Terms of Use. Once a product idea is submitted, Volition will evaluate the product idea for its commercial potential. Following such evaluation, Volition may select such product idea for further development. ## 5. Compensation for Developed Products Once a product idea is accepted by Volition for further development and/or commercialization, you agree to enter into Volition’s standard Innovator Agreement, which will govern compensation to be paid to you and other commercial terms. ## 6. Tax Withholding You acknowledge and agree that you are responsible for all taxes due on any payments made to you by Volition in connection with a product idea submission. ## 7. Ownership of Product Ideas Accepted You acknowledge and agree that any work product relating to a product idea submitted by you and accepted for further development and commercialization by Volition shall become the sole and exclusive property of Volition. ## 8. License for Product Ideas Not Accepted For all ideas submitted and not accepted by Volition for further development and/or commercialization, you retain ownership of all Intellectual Property Rights therein. ## 9. Product Orders and Payment There is no charge to use the Service. For product orders, Volition accepts American Express, MasterCard, and Visa cards. ## 10. Product Samples and Returns Your satisfaction is important to us. We have developed a special testing program. You will receive your order with a sample tester of the exact product you have bought. If you are not satisfied, then return the product with all safety seals intact within 30 days for a product refund. ## 11. Product Availability Notifications If a product that you want to purchase on our Service is not in stock, you can choose to provide us your e-mail address so that we can notify you when the product becomes available again. ## 12. Fraud Protection Program As part of our order processing procedures, we screen all received orders for fraud, misrepresentation or other types of unauthorized or illegal activity. ## 13. No Animal Testing We do not test our products on animals nor do we permit others to do so except where it is required by law. ## 14. Your Content You may upload content on the Service, including designs, graphics, comments, messages, suggestions and feedback (“Content”). By submitting Content to us, you represent and warrant that: - You understand you are participating in a public forum and that your Content will be available to all other users of the Service; - You are the sole author and owner of the Intellectual Property Rights and other rights thereto; - All Content that you post is accurate; - You are at least 13 years old and if you are a minor, you have obtained the consent of your parent or legal guardian to use the Site. ## 15. Responsibility for Your Content You are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Under no circumstances will we be liable in any way for any Content. ## 16. Confidentiality You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to our business, operations and products (“Confidential Information”) for your own use. ## 17. Social Media and Third Party Sites As mentioned in Section 3 above, as part of the functionality of the Service, you may be able to register through online accounts you may have with third party service providers. ## 18. Use Restrictions You represent and warrant that you will not use the Service to: - Upload any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable. ## 19. No Warranties EXCEPT AS PROVIDED IN SECTION 6, WE PROVIDE THE SERVICE AND RELATED INFORMATION AND PRODUCTS ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY. ## 20. Indemnity You agree to fully indemnify, defend and save harmless Volition from any claims arising from your use of and access to the Service. ## 21. Limitation of Liability IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM YOUR USE OF, OR ANY THIRD PARTY’S USE OF, OR INABILITY TO USE, THE SERVICE. ## 22. Term and Termination These Terms of Use are effective until terminated. Volition reserves the right to terminate your account at any time. ## 23. Audit Rights You agree that we may audit your use of the Service for compliance with these Terms of Use at any time. ## 24. Intellectual Property Rights All Intellectual Property Rights in and to the Service shall be owned by us absolutely and in their entirety. ## 25. E-mail and Text Communications You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us. ## 26. Surveys and Feedback We want to know what you think about the products you have tried. You acknowledge that your participation in feedback programs is completely voluntary. ## 27. Promotions We may periodically feature promotions (“Promotions”) on our site. ## 28. DMCA, Copyright and Other Complaints We promote respect for the Intellectual Property Rights of others. You may notify us of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). ## 29. Other Complaints If you reasonably believe that Content made available through the Service infringes your rights, please email us at [service@volitionbeauty.com](mailto:service@volitionbeauty.com). ## 30. Independent Contractors No agency, partnership, joint venture, or employment relationship is created between us as a result of these Terms of Use. ## 31. Non-Waiver The failure of either party to exercise any right provided for herein shall not be deemed a waiver. ## 32. Force Majeure We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control. ## 33. Severability If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated. ## 34. Assignment These Terms of Use are not assignable, transferable or sub-licensable by you. ## 35. Governing Law By using the Service, you agree that these Terms of Use shall be governed by the laws of the State of Texas, United States of America. ## 36. Entire Agreement These Terms of Use supersede all prior agreements with respect to the Service, and any Content.