e.l.f. Beauty Squad Loyalty Program
Effective as of June 13, 2022
These are the terms and conditions (the “Terms”) of the e.l.f. Beauty Squad Loyalty Program (the “Loyalty Program”) in the United States. The Terms contain important information about your rights and obligations. By participating in the Loyalty Program, you fully and unconditionally accept and agree to the Terms. If you do not agree with the Terms, please do not enroll in the Loyalty Program or, if you are currently a member of the Loyalty Program, please terminate your membership in the Loyalty Program by contacting us.
THESE TERMS CONTAIN A CLASS ACTION WAIVER AS WELL AS AN ARBITRATION PROVISION, WHICH REQUIRES YOU TO ARBITRATE ANY CLAIMS (WITH CERTAIN EXCEPTIONS) YOU MAY HAVE AGAINST E.L.F. COSMETICS, INC. AND ITS AFFILIATES ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND THAT YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY IN ANY FORUM, AS DESCRIBED IN MORE DETAIL BELOW. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AND/OR THE CLASS ACTION WAIVER, AS EXPLAINED BELOW.
I. OVERVIEW OF LOYALTY PROGRAM
The Loyalty Program is sponsored by e.l.f. Cosmetics, Inc. (“e.l.f. Cosmetics” or “we”). Participants in the Loyalty Program (each a “Member”) can receive Loyalty Program points ("Points") by making qualifying purchases of e.l.f. products or by completing other qualifying activities, and can redeem Points for certain Rewards, all as detailed more in these Terms and on the Loyalty Program page on www.elfcosmetics.com (our “Website”) or in our mobile application (the “App”).
Participation in the Loyalty Program is voluntary. You do not need to join the Loyalty Program to purchase e.l.f. products (either online or through a retailer). Membership is nontransferable and is subject to present and future terms and conditions. Membership in the Loyalty Program and its benefits are offered at the sole discretion of e.l.f. Cosmetics.
e.l.f. Cosmetics may, at any time, terminate, change, limit, modify or cancel the Loyalty Program or the Terms by posting the modified terms on our Website and/or App. Each time you wish to use the Website and/or App, please check these Terms to ensure you understand the terms that apply at that time. Your continued participation in the Loyalty Program after such posting will constitute your acceptance.
For more information about the Loyalty Program or your Loyalty Program account, email us at firstname.lastname@example.org or call us at (888) 315-9814.
Membership in the Loyalty Program is open to individuals who are at least 16 years old and residents of the United States and residents of any country to which e.l.f. Cosmetics ships products purchased on the Website or App (the list of countries may be found by visiting the Webpage and clicking “Change Country” in the footer). By enrolling in the Loyalty Program, you are representing that you are at least 16 years old and a resident of an eligible country.
The Loyalty Program is available to individual consumers for their personal, household or family purposes i.e.,non-commercial use only. Corporations, associations, resellers, or other groups may not participate in the Loyalty Program. e.l.f. Cosmetics reserves the right to limit the number of participants in the Loyalty Program.
Only one Loyalty Program account may be associated with a single email address—Loyalty Program accounts may not be shared across multiple email addresses. The person who is the authorized email account holder of the email address used to create the Loyalty Program account will be deemed to be the Member, except in circumstances of mistake or fraud. The “authorized email account holder” is the person who is assigned the email address used to create the Loyalty Program account by an internet provider, online service provider, or other organization that is responsible for assigning email addresses for the applicable associated domain (the domain of an email address is everything after the “@” symbol).
III. ENROLLING IN THE LOYALTY PROGRAM
You may enroll in the Loyalty Program through our Website or App by following prompts to register for the Loyalty Program. Registering for an account on our Website or App will also enroll you in the Loyalty Program.
To enroll, you will be required to provide your email address, first name, last name, and birthday and to create a password. You may also provide additional information when you create your Loyalty Program account, such as a physical address for delivery of Rewards.
Members may earn Points by making qualifying purchases of e.l.f. products or by taking certain “Point-earning” actions.
For a purchase on our Website and/or App to be considered a “qualifying purchase,” a Member must be signed into his or her Loyalty Program account at the time of purchase.
Members in certain jurisdictions may also make “qualifying purchases” from participating retailers approved by e.l.f. Cosmetics. To earn Points for a qualifying purchase from an approved retailer, a Member must sign into his or her Loyalty Program account, upload a picture of the receipt from the retailer that features the e.l.f. Cosmetics product purchased, the total amount purchased, the date and time of purchase, and the retailer name, and the receipt must be verified and approved by e.l.f. Cosmetics. e.l.f. Cosmetics is not liable for illegible receipts, incomplete receipts, or problems in transmission or receipt of scanned images. More information about which retailers are “approved retailers” for receipt scanning and how to scan receipts can be found on the Loyalty Program page on our Website or App. Please note that it may not be possible for Members in certain jurisdictions to make “qualifying purchases” from retailers that sell e.l.f. Cosmetics products.
The number of Points that a Member may earn through qualifying purchases may depend on that Member’s Loyalty Program loyalty tier. A Member may not earn more than 3,000 Points per calendar month through qualifying purchases on elfcosmetics.com and may not earn more than 3,000 Points per calendar month through uploading a receipt. Details about how many Points can be earned from qualifying purchases can be found on the Loyalty Program page on our Website or App.
The following are not considered to be qualifying purchases: federal, state, provincial, local or similar taxes, shipping charges, employee discounts, purchases of gift cards, commercial account purchases, charitable donations, returns, refunds, and, merchandise credits or any Rewards or other awards. Please note that while the actual purchase of a gift card is not considered a qualifying purchase for the individual that purchased the gift card, purchasing e.l.f. Cosmetics products using a gift card will be considered qualifying purchases for the individual that used the gift card.
If a Member makes any returns and exchanges from a qualifying purchase, e.l.f. Cosmetics reserves the right to adjust or deduct the appropriate number of Points from that Member’s Point balance.
From time to time, e.l.f. Cosmetics may establish (at its sole discretion) criteria pursuant to which a Member may earn additional Points (such as, for example, by participating in a contest or sweepstakes or purchasing e.l.f. Cosmetics products during a “multiple Point” event). These activities will be posted on our Website or App or may be published through other media (for example, in marketing communications and social media).
If you have concerns that Points from a qualifying purchase or other qualifying activity were not properly applied to your account, you should contact us by emailing email@example.com or call us at (888) 315-9814. Your email must specify your name and email address associated with the Loyalty Program, the date of the activity, and the issue you encountered. This email must be sent no more than 30 days after the date the purchase or other activity took place. e.l.f. Cosmetics is entitled to not accept late notifications about purchases or other Loyalty Program activities not being credited to a Loyalty Program account. The App will maintain your point balance – you will not receive any statements from us.
V. REWARDS AND REDEMPTION
Members can use Points to receive e.l.f. products, discounts, or other rewards (“Rewards”). Details about available Rewards can be found on the Loyalty Program page on our Website or App.
Points used to redeem a Reward will be deducted from the total Points available in a Member’s Loyalty Program account.
Points can only be redeemed for Rewards on our Website and/or App. To redeem a physical Reward (such as a product), a Member must provide a valid physical address. Rewards have no cash value.
Rewards cannot be exchanged or returned for another product or service or a monetary refund. Rewards may not be combined with any other coupon or promotion.
The expiration date of the Rewards is twelve (12) months from the date of your last activity (including, but not limited to, making a purchase or redeeming a reward).
VI. LOYALTY PROGRAM TIERS
Once you earn Points and reach a certain Loyalty Program tier, you may be eligible for certain Rewards or other benefits applicable to that tier, which may change from time to time and may be offered on a limited basis. Visit the Loyalty Program page on our Website and/or App to learn more about the Loyalty Program tiers, including the criteria and process for achieving and maintaining a certain tier.
VII. INACTIVITY AND DEACTIVATION/CANCELLATION OF ACCOUNTS
All of a Member’s accrued Points will expire after 12 months of no activity. The 12 months will be rolling and will be reset at the time of activity. Activity is defined as a login to your account, making a qualifying purchase on our Website and/or App, earning Points, or redeeming Rewards. e.l.f. Cosmetics’ correction of Points in a Member’s account will not qualify as account activity. e.l.f. Cosmetics also reserves the right, in its sole discretion, to deactivate a Member’s account after five years of no activity. To the extent required by applicable law, we will notify you 30 days prior to such expiry and/or deactivation. No extensions, cash refunds or other exchanges will be allowed for Points that have been removed from an Account based on inactivity.
e.l.f. Cosmetics reserves the right to deactivate a Member’s Loyalty Program account in which Points were obtained as a result of fraudulent activity by the Member, reseller activity by the Member, or, subject to applicable law, technical failures of any kind.
A Member may cancel his or her membership in the Loyalty Program at any time by contacting e.l.f. Cosmetics at firstname.lastname@example.org. If a Member wishes to reactivate an account, a Member must contact e.l.f. Cosmetics at email@example.com and e.l.f. Cosmetics will make the determination, in its sole discretion (subject to applicable law), whether to reactivate.
VIII. MODIFICATION OR TERMINATION OF LOYALTY PROGRAM
To the extent permitted by applicable law, e.l.f. Cosmetics reserves the right to cancel, modify or restrict any aspect of the Loyalty Program at any time with or without notice; provided however, to the extent required by applicable law, when making material changes to the Loyalty Program, we will consider your reasonable interests and notify you prior to such changes taking effect. You should check these Terms routinely to ensure you understand the terms that apply at that time. Your continued participation in the Loyalty Program after such posting will constitute your acceptance.
We reserve the right to change Rewards, the number of Points necessary to earn a Reward, how you earn Points and reach each Loyalty Program tier (if any), and how we evaluate and reward your eligible purchases and other Loyalty Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Loyalty Program or for any given tier, the number or types of Rewards you may receive or earn in any given tier, in a given time period or for the duration of the Loyalty Program, or any combination thereof.
You may terminate your participation in the Loyalty Program at any time as noted above. The Loyalty Program has no predetermined termination date and may continue until such time as e.l.f. Cosmetics, at its sole discretion, elects to terminate the Loyalty Program as a whole or your membership in the Loyalty Program. In the event that the Loyalty Program (or your membership) is terminated, e.l.f. Cosmetics will notify you of the termination date with no less than 30 days’ notice.
IX. COMMUNICATIONS AND PRIVACY
Members may periodically receive non-marketing operational messages from e.l.f. Cosmetics regarding the Loyalty Program. Examples of these include the welcome message, Rewards confirmation messages, and monthly Points balance messages. If a Member has opted-out of marketing messages or not consented to receiving marketing messages, non-marketing operational messages will still be sent to that Member as it relates to membership in the Loyalty Program.
Any information that you submit to us or that we collect through your use of the Loyalty Program is subject to our PRIVACY NOTICE. For more information on how we use your information, please see our PRIVACY NOTICE.
X. IMPORTANT ADDITIONAL TERMS CONDITIONS
The Loyalty Program is void where prohibited by law.
Points have no cash or property value, are non-negotiable, and cannot be redeemed either in whole or in part for cash. Points do not constitute property of any Member or other person and may not be brokered, bartered, pledged, gifted, shared, sold or otherwise transferred, other than by e.l.f. Cosmetics or as expressly provided for in these Terms, and any receipt or use of Points in violation of these Terms will render such Points void.
Points from multiple accounts may not be aggregated unless authorized by E.l.f. Cosmetics in its sole discretion. Points are not capable of being combined or used in connection with any other type of promotion or award.
Rewards are for personal use only—except to the extent permitted by applicable law, a Member may not sell or resell any Rewards. e.l.f. Cosmetics reserve the right (to the extent permitted by applicable law), without notice, to cancel, or reduce the quantity of, any Reward that it believes, in its sole discretion, may result in a violation of these Terms.
Membership in the Loyalty Program may be revoked at any time. Membership is nontransferable. Any abuse of the Loyalty Program, failure to follow these Terms, or any misrepresentation may subject Members to revocation of Membership if such conduct is not ceased within a reasonable time set by e.l.f. Cosmetics and will affect eligibility for further participation in the Loyalty Program.
Pursuant to the Binding Arbitration Agreement below, e.l.f. Cosmetics reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event Member defrauds or abuses the Loyalty Program, fails to follow any terms of the Loyalty Program, or makes any misrepresentation to e.l.f. Cosmetics.
Qualifying purchases and qualifying activities, as reflected in e.l.f. Cosmetics’ records, will be deemed correct, and e.l.f. Cosmetics reserves the right to determine the qualification for any transaction and to correct or modify the number Points at any time based on e.l.f. Cosmetics’ records and calculation of account information. e.l.f. Cosmetics is not responsible for communications or Rewards lost due to an inaccuracy in or change of address or other contact information.
e.l.f. Cosmetics may waive compliance with these Terms in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members. Notwithstanding the foregoing, e.l.f. Cosmetics’ failure to exercise any of its rights under these Terms or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights or any other right or remedy, nor shall it preclude or restrict further exercise of that or any other right or remedy.
XI. LIMITATION OF LIABILITY
By enrolling in the Loyalty Program, and to the extent not prohibited by law, you acknowledge and agree that in no event will e.l.f. Cosmetics, its related companies (including any parents, subsidiaries, partners, joint ventures, distributors, administrators, predecessors, successors, or assigns), and each such company’s owners, directors, officers, employees, counsel, representatives, and agents, as well as each of their insurers, co-insurers, reinsurers, and insurance brokers, and any other persons or entities acting by, through, under, or in concert with any of them, whether in the past, present, or future (the “e.l.f. Cosmetics Parties”) be responsible or liable to you or any third party, under any theory of responsibility or liability, for any indirect, special, exemplary, incidental, consequential, or punitive damages (including, but not limited to, procurement of substitute goods or services; loss of data, use, or profits; business interruptions; or any other damages or losses), for any multiplier on or increase to damages, or for any costs or fees (including attorneys’ fees), whether under these terms or otherwise, arising in any way in connection with any action taken or neglected to be taken with regard to the LOYALTY program, whether arising at law, in equity, or otherwise, and whether based in contract, strict liability, tort (including negligence or otherwise), common law, statute, equity, or otherwise, even if we have been advised of the possibility of such damage, or for any other claim, demand, or damages whatsoever, arising out of or related to the LOYALTY program.
You specifically acknowledge that the e.l.f. Cosmetics Parties are not responsible for: (a) loss or misdirection of, or delay in receiving, any membership application, correspondence, information about qualifying purchases, or Rewards; (b) theft or unauthorized redemption of Points or Rewards or use of a Reward caused by circumstances beyond the reasonable control of us or our representatives or agents; (c) any acts or omissions of third parties; or (d) any errors published in relation to the Loyalty Program, including, without limitation, any typographical errors, errors of description, and errors in the crediting or debiting of Points from Member accounts. E.l.f. Cosmetics reserveS the right to correct, without notice, any errors.
Without limiting the foregoing, except as specifically provided otherwise in these program rules, everything regarding the Loyalty Program, including our Website, APP, and the Rewards, are provided “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement or warranties that may rise from course of dealing or course of performance or usage of trade.
Applicable law in some locations, such as the State of New Jersey, does not allow the waiver of implied warranties set forth above, so this provision may not apply to you.
No advice or information, whether oral or written, obtained from us or through the Website or the App, will create any warranty or representation not expressly made herein. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
This section will survive termination of Member’s participation in the Loyalty Program.
XII. FORCE MAJEURE
In no event shall the e.l.f. Cosmetics Parties be DEEMED IN DEFAULT OR OTHERWISE liable to any Member for any delay in or failure to perform due to causes beyond their control, including, without limitation, any act of God, act of war, FIRE, EARTHQUAKE, BLIZZARD, FLOOD, DANGER TO PUBLIC HEALTH OR SAFETY, ACCIDENT, EXPLOSION, CASUALTY, STRIKE, LOCKOUT, LABOR CONTROVERSY, RIOT, CIVIL DISTURBANCE, ACT OF PUBLIC ENEMY, EMBARGO, WAR, LAW, ORDINANCE, REGULATION, LEGAL ORDER (UNLESS CAUSED BY the e.l.f. Cosmetics Parties’ DEFAULT tHEREUNDER), FAILURE OR DELAY OF ANY TRANSPORTATION, POWER, OR COMMUNICATION SYSTEM, natural disaster, terrorism, pandemic or epidemic, or any act or omission of a third party.
XIII. GOVERNING LAW
U.S. Members. These Terms have been made in and will be construed and enforced solely in accordance with the laws of the state of California; provided, however, that the arbitration provisions herein shall be governed by the Federal Arbitration Act and the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”), as described more fully below. You and e.l.f. Cosmetics also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms and is hereby disclaimed.
Non-U.S. Members. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or the Loyalty Program or formation shall be governed by and construed in accordance with the laws of the state of New York, USA, subject only to mandatory provisions of consumer law in the country in which you reside. By enrolling in the Loyalty Program, each Member irrevocably agrees that the state and federal courts located in New York City (Borough of Manhattan), New York, USA shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent as other documents and records originally generated and maintained in printed form. Please contact e.l.f. Cosmetics if you wish to receive a printed copy of these Terms.
XIV. BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Scope of the Arbitration Agreement.Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and e.l.f. Cosmetics agree that any and all disputes, actions, claims, or other controversies concerning or arising in any way out of your use (or lack of use) of, access (or lack of access) to, or a purchase from, the Loyalty Program or from the Website, the App, any desktop or mobile application; the e.l.f. Virtual Makeup Try-On Tool; these Terms; any product or service; the Loyalty Program; and any advertising, promotion, or other communications between you and e.l.f. Cosmetics (collectively, a “Dispute”), whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be resolved exclusively through final and binding individual arbitration. “Dispute” will be given the broadest possible meaning allowable under law.
This agreement to arbitrate covers and includes threshold questions of arbitrability. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all disputes arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or any part of it, or of these Terms, including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable. If any party disagrees about whether the foregoing provision (or any portion of this agreement to arbitrate, including without limitation the provisions relating to arbitration) can be enforced or whether it applies to the dispute, the parties agree that the arbitrator will decide that dispute. Notwithstanding the foregoing, however, the parties agree that any issue concerning the validity of the class action waiver below must be decided by a court, and an arbitrator does not have authority to consider the validity of the class action waiver. Both you and e.l.f. Cosmetics understand and agree that we are waiving our right to sue or go to court to assert or defend our rights, except as set forth below.
- Exceptions. Notwithstanding the remainder of this binding arbitration agreement, you and e.l.f. Cosmetics agree that the following types of disputes will be resolved in court, unless both you and e.l.f. Cosmetics agree to submit the dispute to arbitration pursuant to this binding arbitration agreement:
(1) Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual Dispute and not as a class, representative, or consolidated action or proceeding;
(2) Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
(3) Intellectual property disputes.
For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the class action waiver provision below does not prevent you from seeking public injunctive relief in an individual capacity to the extent otherwise permitted by law.
You and e.l.f. Cosmetics also agree that for disputes or claims where both injunctive relief (including public injunctive relief) and non-injunctive relief are sought, you and e.l.f. Cosmetics will first submit the dispute or claim for non-injunctive relief to arbitration pursuant to this Arbitration and Dispute Resolution; Class Action Waiver section. The arbitrator will not be permitted to grant injunctive relief (unless the parties mutually agree otherwise). Once the arbitration of the dispute or claim for non-injunctive relief has concluded, you and/or e.l.f. Cosmetics may seek the injunctive relief (including the public injunctive relief) in court to the extent permitted by law.
Any litigation in court of the foregoing types of disputes (except for small claims court actions) may be commenced only in a federal or state court located within San Francisco, California, and you and e.l.f. Cosmetics each consent to the jurisdiction of those courts for such purposes. Regardless of whether the foregoing types of disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, you and e.l.f. Cosmetics agree that the dispute is subject to the class action waiver provision set forth below.
- Informal Dispute Resolution.Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and e.l.f. Cosmetics agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
- How Arbitration Works.Either party may initiate arbitration of a Dispute, which will be settled by final and binding arbitration, using the English language, administered by AAA under the AAA Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Unless you and e.l.f. Cosmetics agree otherwise, including to conduct the arbitration by telephone or videoconference, any arbitration hearing shall take place in San Francisco, California, unless the arbitrator determines that a different location would better serve the convenience of the parties. If you live outside the United States, any arbitration will take place in San Francisco, California. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the AAA Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, e.l.f. Cosmetics will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below). Each party is responsible for his, her, their or its own attorneys’ fees and expenses, and e.l.f. Cosmetics will not pay your attorneys’ fees or expenses except to the extent ordered to do so by the arbitrator. If you prevail in arbitration, however, you will be entitled to an award of reasonable attorneys’ fees and expenses to the extent allowed for under applicable law and ordered by the arbitrator. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous according to Federal Rule of Civil Procedure 11, or brought for an improper purpose, you agree to reimburse e.l.f. Cosmetics for all fees associated with the arbitration paid by e.l.f. Cosmetics that you otherwise would have been obligated to pay under the AAA Rules. In determining whether an action is frivolous, the arbitrator may consider whether e.l.f. Cosmetics has offered you a full refund of the sum you paid for items you purchased from e.l.f. Cosmetics or has otherwise offered full relief to you in relation to your individual claim. If the arbitrator, upon final disposition of the case, finds your dispute was not frivolous, e.l.f. Cosmetics will reimburse any filing fees that you paid and were not otherwise reimbursed. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and e.l.f. Cosmetics are each waiving the right to trial by jury or to participate in a class action or class arbitration.
- WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS.To the fullest extent permitted by applicable law, you and e.l.f. Cosmetics each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and e.l.f. Cosmetics AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and e.l.f. Cosmetics EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and e.l.f. Cosmetics agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.
- You have the right to opt-out and not be bound by the arbitration provisions and/or the class action waiver set forth in these Terms by sending written notice of your decision to opt-out to:
e.l.f. Cosmetics, Inc.
Attn: Legal Department
570 10th Street
Oakland, CA 94607
The notice must be sent to e.l.f. Cosmetics within 30 days of your agreeing to these Terms. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with e.l.f. Cosmetics through arbitration and/or that you do not agree to the class action waiver. If you do not opt out, you shall be bound to arbitrate disputes on an individual basis in accordance with these the provisions of this Section XIV. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions and/or class action waiver, e.l.f. Cosmetics also will not be bound by them.
These Terms do not affect your statutory rights or your legal rights, if any, as a consumer.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. In the event any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of these Terms, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms nor the remaining provisions herein (except as set forth above with respect to the class action waiver), and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
We may assign these Terms in whole or in part. Moreover, we may delegate our rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms.
These Terms represent the entire agreement between each Member and us, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between each Member and e.l.f. Cosmetics with respect to the Loyalty Program.
- CONTACT US
If you have any questions, concerns, or complaints about these Terms, please contact us here, at (888) 315-9814 or via physical mail at:
e.l.f. Cosmetics, Inc.
Attn: Legal Department
570 10th Street
Oakland, CA 94607