Please Note:  These Terms of Use contain an exclusive jurisdiction clause, an arbitration clause, indemnification obligations, disclaimers of warranties and limitations of liability.  Please review these Terms of Use in their entirety.

Terms of Use

These Terms of Use (“Terms of Use”) explain a contractual agreement between you (“you,” “your”) and Freshyface L.L.C. (“Freshyface,” “we,” “us,” “our”), regarding your use of this www.freshyny.com web site (“Freshyface Web Site”) and your access to the content and Services (defined below) available on the Freshyface Web Site.

You should print a copy of these Terms of Use for your records.  Please note, however, that these Terms of Use may be updated and amended by us from time to time as provided herein.

1. AGREEMENT TO TERMS OF USE.

By using the Freshyface Web Site, you agree to these Terms of Use as amended from time to time.  Furthermore, when you access the Freshyface Web Site, you specifically acknowledge your agreement with the most current version of these Terms of Use.  The failure to include a specific acknowledgment at any point on the Freshyface Web Site shall not be construed to diminish the applicability or effectiveness of these Terms of Use.

2. CHANGE TO TERMS.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time.  Please check these Terms of Use periodically for changes.  Your continued use of the Freshyface Web Site after the posting of changes to these Terms of Use will mean you agree to abide by those changes.  Any amendment to these Terms of Use by you must be agreed to by us in writing.  Certain Services (defined below) may be subject to additional terms, conditions, policies or restrictions, as set further forth in the Freshyface Web Site.

3. CONTENT OWNERSHIP.

The Freshyface Web Site and the content accessible through the Freshyface Web Site, and all intellectual property rights included in or associated with the Freshyface Web Site, including but not limited to patents, copyrights, trademarks and service marks (collectively, “Content”), are owned or licensed by us, and all right, title and interest in and to the Freshyface Web Site and Content remains with us.  You may not use any trademark, service mark, logo, trade name or indicia of origin of Freshyface or any third party in such Content without permission from the owner of thereof.  Except as ordinarily occurs when a web site is downloaded to your computer in the normal course of browsing such web site, material from the Freshyface Web Site may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent.  Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties.  In any event, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Freshyface Web Site or in the Content.  We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, without any acknowledgement or payment to you for any purpose whatsoever.

4A. CLEANING SERVICE OVERVIEW.

Our makeup brush cleaning and delivery service (hereinafter referred to as the “Cleaning Service”) involves the professional cleaning of makeup brushes and their timely delivery to you.  We may offer additional services via the Freshyface Web Site and such additional services may be subject to additional terms and conditions (such additional services are, collectively with the “Cleaning Service”, the “Services”).  The makeup brushes will be cleaned using industry-standard cleaning products.  We use cleaning products which are cruelty free.  We are not responsible for any damage to brushes that may occur during the cleaning process due to pre-existing conditions (including but not limited to defects and/or existing wear and tear).

4B. DELIVERY.

We will deliver the cleaned makeup brushes to the address you provided during the booking process.  You are responsible for providing accurate delivery information.  A delivery fee may apply based on the location.

4C. YOUR RESPONSIBILITIES.

You must ensure that your makeup brushes are free from any hazardous or harmful substances prior to service.  It is your responsibility to inform us in advance of any specific cleaning requirements or sensitivities.

5A. DISCLAIMER OF WARRANTIES.

The material in this site could include technical inaccuracies or typographical errors, including pricing errors.  Certain information is subject to change.  Neither Freshyface nor any of its suppliers or providers guarantee the accuracy, correctness, completeness, or timeliness of the services, data, or other information furnished via the Freshyface Web Site including, but not limited to, the Cleaning Service (“Services”).  The Services provided for sale through the Freshyface Web Site are provided “AS IS” without any other express or implied warranties of any kind; provided that our Refund Policy (as set forth in these Terms of Use and as updated by Freshyface from time to time) applies to the purchase of Services via the Freshyface Web Site.  FRESHYFACE MAKES ANY NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR RESULTS TO BE ATTAINED FROM THE USE OF SERVICES AND DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT.  USE OF THE WEB SITE AND THE SERVICES ARE AT YOUR SOLE RISK AND THE SERVICES AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS”, WHERE IS, AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY.  FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FRESHYFACE WEB SITE OR AGAINST INFRINGEMENT.  We also do not guarantee uninterrupted or secure access to the Freshyface Web Site, that defects will be corrected, or that the Freshyface Web Site or the servers that make it available are free of viruses or other harmful components.

5B. CERTAIN SERVICES/FUNCTIONALITY.

Use of certain portions of the Freshyface Web Site and/or purchase of Services may require registration or provision of transactional information (including credit card or other payment information).  For all such portions of the Freshyface Web Site the following rules apply:

(a)            Accessibility.  You must be at least 18 years of age to use these portions of the Freshyface Web Site/Services.  When you purchase Services, you may create an account as part of the checkout procedure.  You are responsible for protecting your account information (including your password) and for all activities or purchases made by or through your account.

(b)            Service Confirmation.  You must confirm your Service request through our online or text platform.  All service requests are subject to availability.

(c)            Pricing.  Prices for our Services (along with delivery and taxes) are in U.S. dollars and are subject to change without notice.  Taxes may be adjusted from the amounts shown in checkout depending upon a multitude of factors, including information from our payment processor and/or changes in tax rates.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.  Acceptable forms of payment are specified in the checkout process and are subject to change.  All delivery charges are your responsibility, unless waived by Freshyface.  Delivery charges will be included on your invoice and can be viewed prior to finalizing your order.  Delivery charges are subject to change without notice.

(d)            Payment.  Payment for the Service is due at the time of booking the Service.  Accepted payment methods include credit cards, debit cards, and other methods each as further specified in the checkout on our platform.

(e)            Cancellation Policy.  You may cancel or reschedule your Service up to 12 hours before the scheduled appointment without incurring any charges.  Cancellations made within 12 hours of the scheduled appointment may be subject to a cancellation fee.

(f)             Refund Policy.  Refunds may be issued in the event of Service cancellation within the stipulated cancellation period.  No refunds will be provided once the Service has been rendered.

(g)            Limitations.  Certain Services may be available only through the Freshyface Web Site.  We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any Services that we offer.  Any offer for any Service made on the Freshyface Web Site is void where prohibited.  

(h)            Reservation of Rights.  We reserve the right to refuse any order you place with us.  We reserve the right at any time to modify or discontinue the Services (or any part thereof) with or without notice at any time.  We may, in our sole discretion, limit or cancel Services purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  You agree to provide current, complete and accurate purchase and account information for all purchases made through the Freshyface Web Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

(i)              Violations.  We may terminate or restrict your use of our Freshyface Web Site or Services, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of our service.

(j)              Website Use.  You agree not to submit, publish, distribute, or transmit through the Freshyface Web Site or our Services any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.  You also agree that you will not submit, publish, distribute, or transmit anything through the Freshyface Web Site or Services that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights.  We do not endorse any information contained in the Freshyface Web Site or Services submitted by users and we are not liable for any such information transmitted, including but not limited to any information posted by or about you.  We reserve the right to take any action with respect to information transmitted which we believe is appropriate in our sole discretion, including but not limited to removal.  However, we cannot, nor do we, control the information provided by users or any third parties which is made available through our Services.  By its very nature, other people’s information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.

(k)            Communications.  By using the transactional portions of the Freshyface Web Site, you consent to receiving electronic communications from us relating to your account.  These communications may involve sending emails to your email address provided during registration, or posting communications on the service, and will include notices about your account (e.g., payment authorizations, confirmation e-mails and other transactional information) and are part of your relationship with us.  You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.  You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.  You may also opt in to receiving certain other communications from us, as set forth in our Privacy Policy.

6. LIMITATION OF LIABILITY.

(a)        THE SERVICES AND INFORMATION PROVIDED AS PART OF THE FRESHYFACE WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES OR AGAINST INFRINGEMENT.  NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES OR DISBURSEMENTS) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE FRESHYFACE WEB SITE OR SERVICES, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT.  YOU AGREE THAT OUR AGGREGATE LIABILITY (INCLUDING THE LIABLITY OF ALL OF OUR AFFILIATES) SHALL NOT EXCEED THE SERVICE FEES PAID TO US BY YOU THROUGH THE FRESHYFACE WEB SITE IN THE THREE (3) MONTHS PRIOR TO THE ACT GIVING RISE TO THE LIABLITY.  NEITHER WE NOR ANY OF OUR AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SERVICE.  YOU AGREE TO HOLD HARMLESS BOTH US AND OUR AFFILIATES AND PARTIES WITH WHOM WE HAVE CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU OR TO YOU IN CONNECTION WITH THE SERVICE.

(b)        FRESHYFACE IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF USERS OR THIRD PARTIES CONCERNING ANY THIRD PARTY CONNECTED SERVICES OR FOR THE AVAILABLIITY OR NON-AVAILABILITY OF ANY THIRD PARTY CONNECTED SERVICES.

(c)        SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.  THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

(d)        We are an online service provider of content; we are not responsible for any loss or injury whatsoever due to Content or other information published through this Freshyface Web Site.  The Freshyface Web Site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability.  We will also not have any liability for any loss of data, degraded data, old or out-dated data, or errors in data resulting from non-deliveries, mis-deliveries or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network external to the Freshyface Web Site. The limitations of liability provided in these Terms of Use inure to our benefit and to the benefit of our affiliates, and to all of our respective officers, directors, employees, attorneys and agents.

7. TERMINATION.

We may, in our sole discretion and at any time, discontinue the Freshyface Web Site, either in part or in whole, with or without notice.  You agree that any termination of your access to the Freshyface Web Site may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination (excluding only refunds due under our Refund Policy, if applicable).

8. PROHIBITED ACTIVITIES.

You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the Freshyface Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the Freshyface Web Site.  You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique. 

9. LINKING AND THIRD-PARTY CONTENT.

The Freshyface Web Site may contain links to third-party web sites not under our control or operation.  We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site.  The Freshyface Web Site may contain news or other information published by various third-party providers.  Use of any third-party content may be conditioned upon terms and conditions as provided, from time to time, by such third-party providers.

10. LAWS AND REGULATIONS.

You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Freshyface Web Site and (ii) release of information to and retrieval of information from the Freshyface Web Site.

11. INDEMNIFICATION.

You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from: (i) your use of the Freshyface Web Site and/or Services; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission to Freshyface; and/or (iv) any intentional wrongdoing by you.

12. ASSIGNMENT.

You will not have the right to assign or transfer your rights under these Terms of Use to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason.  Furthermore, you acknowledge and agree that your access to and use of the Freshyface Web Site may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party.  Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms of Use.

13. CONTACT.

If you have any problems, questions or complaints about these Terms of Use or the Freshyface Web Site, please contact us by email at contact@freshyny.com.

14. GOVERNING LAW, ARBITRATION AND JURISDICTION.

You recognize that, although the Internet can be accessed from anywhere in the world, the Freshyface Web Site is located in the State of New York, United States of America, and that when you access the Freshyface Web Site, you are doing so in the State of New York, United States of America.  These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the State of New York without giving effect to any principles of conflict of law and the federal laws of the United States of America.  ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.  YOU FURTHER AGREE THAT ANY ARBITRATION ACTION BROUGHT BY YOU ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE FRESHYFACE WEB SITE OR OUR SERVICES SHALL BE FILED ONLY IN NEW YORK STATE AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION AND VENUE IN NEW YORK STATE.

15. PRIVACY POLICY.

By agreeing to these Terms of Use, you also agree to our Privacy Policy (as set forth on the Freshyface Web Site and as updated by Freshyface from time to time) which is incorporated herein by reference.  Like these Terms of Use, the Privacy Policy is subject to change from time to time.  Your continued use of the Freshyface Web Site constitutes your acceptance to any changes to the Privacy Policy.

16. MISCELLANEOUS.

Headings are for reference purposes only.  Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside.  These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

BY USING THE FRESHYFACE WEB SITE AND/OR REGISTERING OR ACKNOWLEDGING ACCEPTANCE OF THESE TERMS OF USE ON THE FRESHYFACE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE.

August 22, 2024
Version 1.1