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Terms & Conditions

Last Modified November, 2022

Terms of Use

Please carefully read the following Terms of Use before using  www.wetbrush.com (the “website”) and any mobile application. By accessing and using this website, mobile application, or otherwise agreeing to these Terms of Use, you agree to be bound by them. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appears at the beginning of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this website. You will have been deemed to have accepted any changes by, among other things, your continued access or use of this website. 

The website and mobile application are operated by Wet Brush, a company registered to Eurasia Corporation, a company incorporated in California with its registered address at 5 Adams Avenue, Hauppauge, NY 11788 (collectively, “Wet Brush” or “we/us/our”). Wet Brush offers this website and the mobile application, including all information, tools and services available from this website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here. We may add additional websites from time to time as we expand our offerings and these Terms of Use will govern those new websites when added. You may be accessing our website and mobile application from a computer or mobile phone device and these Terms of Use govern your use of our website and mobile application and your conduct, regardless of the means of access. 

Our Store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

BY USING THE WEBSITE AND MOBILE APPLICATION, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES. 

We also may interact with you on third party sites where we may post content or invite your feedback, such as on Instagram or Facebook ("Third Party Sites"). Wet Brush does not control these Third Party Sites, and the Terms of Use, and any other rules or guidelines posed by us do not apply to Wet Brush and its employees. You should always check the terms of use posted on Third Party Sites. 

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use, from time to time at any time, without notice, and in our sole discretion. If we decide to change these Terms of Use, we will post a new version on the website and update the date set forth above. Any changes or modifications to these Terms of Use, will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE WEBSITE AND MOBILE APPLICATION FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE WEBSITE AND MOBILE APPLICATION. Accordingly, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the website and mobile application. 

Copyrights 

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the website and mobile application belongs to Wet Brush or its licensor. The collection, arrangement and assembly of all content on the website and the mobile application is the exclusive property of Wet Brush and protected by copyright laws. All software used in connection with the website and the mobile application is the property of Wet Brush or is licensed by Wet Brush and is also protected by copyright laws.  

You may access, copy, download, and print the material contained on the website or mobile application for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the website or mobile application, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the website or mobile application, or use of the use of the website or mobile application or content thereof for purposes competitive to Wet Brush, is expressly prohibited. We reserve the right to refuse or cancel any person’s registration, remove any person from the website or mobile application, or prohibit any person from using the website or mobile application for any reason whatsoever. Wet Brush, or its licensors or content providers, retain full and complete title to the material provided on the website or mobile application, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion. We neither warrant nor represent that your use of materials on this website and the mobile application will not infringe rights of third parties not affiliated with Wet Brush. 

You may not use contact information provided on the website or mobile application for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the website or mobile application or to surreptitiously intercept any system, data, or personal information from the website or mobile application. You agree not to interrupt or attempt to interrupt the operation of the website or mobile application in any way. We reserve the right, in our sole discretion, to limit or terminate your access to or use of the website or mobile application at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled, at law or in equity. 

Trademarks 

The website and the mobile application and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Wet Brush and may not be used in connection with any product or service that is not offered by Wet Brush or in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. 

Product Information 

The products displayed on the website and on the mobile application can be ordered and delivered only within the U.S. All prices displayed on the website and in the mobile application are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Wet Brush. 

All material and information presented by us is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Wet Brush 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. You should always check the ingredients for products to avoid potential allergic reactions. Use of the website and the mobile application is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information before using or relying on them. The website and the mobile applications do not replace any medical professional or medical resource. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY. 

The products available on the website and the mobile application, including any samples we may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by us in our sole discretion. 

Except where prohibited by law, we may limit the number of products available for purchase.  

The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the website or mobile application. 

Content Responsibility 

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the website or the mobile application, including the submission of product ratings & reviews, answers to survey questions, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content").  

Use of Content and Limitation of Liability 

We are not liable for any statements, representations, or Content provided by you or any users in any public forum on the website or mobile application or on any Third Party Site. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via the website or mobile application or on any Third Party Site, is not controlled by us. We cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the website or mobile application or Third Party Site, you may be exposed to Content that may be offensive, indecent or objectionable and we shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the website or mobile application. The preceding sentence does not apply to New Jersey residents. 

You may access the Content and any other content on the website and mobile application only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein. 

You agree not to circumvent, disable or otherwise interfere with security-related features of the website or mobile application or features that prevent or restrict use of any Content or enforce limitations on use of the website or mobile application or the Content therein. You may not interfere with or disrupt the website or mobile application, or servers or networks connected to them, or disobey any requirements, procedures, policies or regulations of networks connected to them, including by using any device, software or routine to bypass robot exclusion headers. we reserve all rights not expressly granted in and to the Content.  

Your Content Submissions 

By submitting Content to us, you represent and warrant that: (1) you understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the website, mobile application and potentially Third Party Sites; (2) you are the sole author and owner of the intellectual property and other rights thereto or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to Wet Brush to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the website and mobile application and these Terms of Use; (3) you understand that your Content may be utilized and distributed by us in its marketing materials, on the website, on the mobile application, through emails, social channels, and other materials; (4) you shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for providing content for posting content on in any channels (including but not limited to product reviews, Q&A, photographs, and social channels), then this must be disclosed in such post. All disclosures must be made clearly and conspicuously; (5) all Content that you post is accurate; (6) you are at least 18 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian and their agreement to these Terms of Use; and (6) that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity. 

You also represent and warrant that any Content you submit: (1) is not false, inaccurate or misleading; (2) does not harm minors; (3) does not elicit or provide medical advice; (4) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; (5) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships; (6) does not violate any law, statute, ordinance or regulation; (7) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation; (8) is relevant to the product being rated and reviewed or about which a question or answer is submitted; (9) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; (10) complies in all respects with these Terms of Use and our Privacy Policy; (11) is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (11) does not contain any computer viruses, worms or other potentially damaging computer programs or files; and (12) does not impersonate any person or entity, including, without limitation, any Wet Brush official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity. You may not use the website or mobile application to collect or store personal information about other users. 

We do not endorse any Content or any opinion, recommendation or advice expressed therein, and we disclaim all liability with respect to the Content posted by third parties. 

Please note that the Content you provide is not confidential or proprietary and we have no obligation of confidentiality, express or implied, with respect thereto and you are not entitled to compensation, payment or reimbursement of any kind for such Content from us under any circumstances unless you are otherwise notified by us in writing. 

For any Content that you submit, you grant us a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the website and mobile application. 

Use of Third Party Content and Third Party Sites 

We may provide content of third parties ("Third Party Content"), or links to Third Party Sites, as a service to those interested in this information. We do not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between us and such third party. We do not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. We are not responsible for updating or reviewing Third Party Content or Third Party Sites. You use of Third Party Content and Third Party Sites is at your own risk. Third Party Content, including comments from third party users submitted to us do not necessarily reflect our views. 

Mobile Services 

If you access the website or mobile application via your mobile phone, we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the website or mobile application via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy. 

Modification of Content 

All Content that you submit is not confidential and may be used at our sole discretion. We may or may not pre-screen Content. However, we and our designees will have the right (but not the obligation) in our sole discretion to pre-screen, change, condense or delete any Content. In particular, Wet Brush and its designees will have the right to remove any Content that Wet Brush deems, in its sole discretion, to violate any provision of these Terms of Use. We do not guarantee that you will have any recourse to edit or delete any Content you have submitted. We reserve the right to remove or to refuse to post any submission for violation of any relevant terms or any reason whatsoever. You acknowledge that you are responsible for the contents of any Content you submit.  

Reservation of Rights 

We reserve the right, at any time, without notice and in its sole discretion, to terminate your license to use the website and the mobile applications and to block or prevent your future access to and use of the website and mobile application. We may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Wet Brush (and its employees), its users and the public. 

Disclaimer of Warranties 

WET BRUSH IS PROVIDING THE WEBSITE AND THE MOBILE APPLICATION AND THEIR CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE MOBILE APPLICATION, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED. TO THE FULLEST EXTENT PERMITTED BY LAW, WET BRUSH DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WET BRUSH DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE OR THE MOBILE APPLICATION IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice. 

Disclaimer of Liabilities 

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE MOBILE APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. This provision does not apply to New Jersey residents. 

Indemnification 

You agree to defend, indemnify and hold harmless Wet Brush (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the website and the mobile application; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the website and the mobile application. 

The Digital Millennium Copyright Act 

If you believe your work or content has been copied and posted to the website or mobile application in a way that constitutes copyright infringement, please provide Wet Brush with the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"): 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 
  1. A description of the copyrighted work that you claim has been infringed upon; 
  1. A description of where the material that you claim is infringing is located on the website and mobile application; 
  1. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 
  1. Your name, address, telephone number and email address (if available); and 
  1. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. 

 

Please contact Wet Brush at the following address: 5 Adams Avenue, Hauppauge, NY 11788

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Privacy

By submitting your email address in connection with your account, you agree that Wet Brush and its third-party service providers may use your email address to contact you about your Wet Brush account or Content you have submitted or for other administrative purposes and for any other purpose permitted or required by law. Our Privacy Policy provides further detail on the manner in which we may collect and use personally identifiable information about you, including any information you supply in connection with your use of the website or mobile application. 

Waiver 

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Wet Brush’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

Dispute Resolution

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND WET BRUSH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND THE MOBILE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents. 

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. 

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, instead electing that the dispute be resolved by a judge. These Terms and Conditions and any further rules, policies, or guidelines incorporated by and for reference shall be governed by and construed in accordance with the laws of the State of New York.  

Severability

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable.