LG beauty Terms and Conditions of Use
Last Updated: September 15, 2023
The following terms and conditions (referred to as both the "Terms and Conditions" and/or the "Agreement") apply to LG H&H USA, Inc. (“LG Beauty”) website (https://www.lgbeauty.com) and all other sites, mobile sites, services, applications, platforms, and tools where these Terms and Conditions appear or are linked (collectively, the "LG Beauty websites"). LG Beauty provides its services to you (the "Customer") subject to this Agreement. Please read these Terms and Conditions of Use (the “Agreement”) carefully before using this website. By using the Site, you agree to the Terms and Conditions. If you do not accept this Agreement and agree to these Terms and Conditions, then you may not use the LG Beauty websites.
As used in this Agreement, and on the Site, "lgbeauty.com, LG Beauty, LG Beauty website(s), We" refers to LG H&H USA, Inc., a corporation formed under the laws of the State of California, U.S.A., with headquarters located at 165 Broadway, New York, NY 10006. All content held on this website is the exclusive property of LG H&H USA, Inc.
Please be advised that LG Beauty reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised version of this Agreement on the LG Beauty websites. LG Beauty also reserves the right, at any time, to modify or update its Privacy & Security Statement by using the same procedures. Customer confirms his or her acceptance of the modifications or updates by continuing to use the LG Beauty websites. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. You should always check this Agreement prior to using the LG Beauty websites. You confirm your acceptance of the modifications or updates by continuing to use the LG Beauty websites.
2. Your Account
You may be required to register with LG Beauty in order to access certain services or areas of the LG Beauty websites, for example, to purchase LG Beauty products or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Your username and password are for your personal use only. You are responsible for maintaining the confidentiality of any password you may use to access the LG Beauty websites, and you agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the LG Beauty websites, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the LG Beauty websites that occur in connection with your username. You agree to immediately notify LG Beauty of any unauthorized use of your password or username or any other breach of security related to your account, your username or the LG Beauty websites, and to ensure that you “log off” and exit from your account with the LG Beauty websites (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. In addition to all other rights available to LG Beauty, LG Beauty reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
3. Your Use of Content and Limitation of Liability
Information Submitted Through the LG Beauty Websites.
Your submission of information through the LG Beauty websites is governed by LG Beauty’s Privacy Statement (the “Privacy Statement”), located at https://www.lgbeauty.com/information/privacy-statement.html. This Agreement incorporates by reference the terms and conditions of the Privacy Statement.
By submitting any information or material to the LG Beauty websites, you represent, warrant and agree that:
- any information or material that you provide in connection with your use of the LG Beauty websites is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete;
- you are at least thirteen (13) years old, or if you are between the ages of 13 and 18, you may use this Site only with involvement of a parent or guardian.
- the use of the information or material that you supply does not violate this Agreement;
- if you have provided contact information, LG Beauty may contact you for your opinions, in connection with Transactions (as defined below) and for other matters related to the operations of LG Beauty.
The LG Beauty websites are owned and operated by LG H&H USA, Inc. The contents of the LG Beauty websites are copyrighted under United States copyright laws. All content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements relating to the LG Beauty websites are the exclusive property of LG Beauty, or its respective content providers, and are protected by U.S. and international copyright laws. All software used on the LG Beauty websites is the property of LG Beauty or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on the LG Beauty websites is the exclusive property of LG Beauty and is protected by U.S. and international copyright laws. Except as stated herein, none of the material on the LG Beauty websites may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by LG Beauty to access and use the LG Beauty websites, you may download one (1) copy of any particular materials from the LG Beauty websites for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of LG Beauty’s copyright and other proprietary rights.
“LG Beauty” and the other LG Beauty trademarks, trade names, service marks and logos appearing on the LG Beauty websites are proprietary trademarks of LG H&H USA, Inc. or its Licensors. The use of any of our trademarks or any other content made available through the LG Beauty websites, except as expressly provided in this Agreement, is strictly prohibited.
4. Rules of Conduct.
We expect users of the LG Beauty websites to respect the law as well as the rights and dignity of others. While using the LG Beauty websites you agree to comply with all applicable laws, rules and regulations. In addition, your use of the LG Beauty websites is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the LG Beauty websites pursuant to Section 17 below.
You agree not to:
Post, transmit, or otherwise make available through or in connection with the LG Beauty websites:
- Post, transmit, or otherwise make available through or in connection with the LG Beauty websites:
- Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; or (d) obscene, indecent, pornographic, unlawful or otherwise objectionable;
- Any information or material that infringes a third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy;
- Any information or material that is known by you to be false, inaccurate or misleading;
- Any information or material for which you were compensated or granted any consideration by any third party;
- Any information or materials that includes references other websites, addresses, email addresses, contact information or phone numbers;
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a violation of law; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”; any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by LG Beauty in advance.
- Any personally identifiable information of another individual, without the prior consent of such individual. Any material, non-public information about a company, without the proper authorization to do so.
- Use the LG Beauty websites for any fraudulent or unlawful purpose including, but not limited to, any purpose resulting in violations of laws, regulations and orders governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;
- Use the LG Beauty websites to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about users of the LG Beauty websites.
- Impersonate any person or entity, including without limitation any representative of LG Beauty; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the LG Beauty websites; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the LG Beauty websites or the servers or networks used to make the LG Beauty websites available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the LG Beauty websites (including without limitation by hacking or defacing any portion of the LG Beauty websites).
- Use the LG Beauty websites to advertise or offer to sell or buy any goods or services for any business purpose, without LG Beauty’s express prior written consent.
- Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the LG Beauty websites
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the LG Beauty websites.
- Remove any copyright, trademark or other proprietary rights notice from the LG Beauty websites or materials originating from the LG Beauty websites.
- Frame or mirror any part of the LG Beauty websites.
- Create a database by downloading and storing LG Beauty websites content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather LG Beauty websites content or reproduce or circumvent the navigational structure or presentation of the LG Beauty websites without LG Beauty’s express prior written consent.
Additionally, you acknowledge and agree that you (and not LG Beauty) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the LG Beauty websites, and for paying all charges related thereto.
For the avoidance of doubt, LG Beauty grants you a limited license to access and make personal use of the LG Beauty websites and LG Beauty websites’ content only for noncommercial purposes and only to the extent such use does not violate this Agreement. This license does not include any resale or commercial use of the LG Beauty websites; any collection and use of any product listings, descriptions, or prices; any derivative use of the LG Beauty websites; any downloading, copying, or other use of the LG Beauty websites for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by LG Beauty and/or its content providers. The LG Beauty websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of LG Beauty. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LG Beauty without express written consent. You may not use any meta tags or any other "hidden text" utilizing LG Beauty's name or trademarks without the express written consent of LG Beauty. You may not misuse the LG Beauty websites. You may use the LG Beauty websites only as permitted by law. The licenses granted by LG Beauty terminate if you do not comply with this Agreement and/or any other LG Beauty websites’ Terms & Conditions.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the LG Beauty Website are trademarks or trade dress of LG Beauty or its licensors. LG Beauty’s trademarks and trade dress may not be used in connection with any product or service that is not LG Beauty’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits LG Beauty. All other trademarks not owned by LG Beauty that appear on any LG Beauty website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LG Beauty.
LG Beauty has made every reasonable effort to display as accurately as possible the colors of the products that appear on the LG Beauty websites. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. LG Beauty does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on the LG Beauty websites, please contact us. If for any reason you are not satisfied with any products you purchase on the LG Beauty websites you can return them to our warehouse or any of our stores, and any refunds or credits due shall be provided in accordance with our .
6. Ratings, Forums and Submissions.
LG Beauty may offer features through the LG Beauty websites that enable you to post information and materials publicly, for example, product ratings and reviews, bulletin boards, chat areas, and similar forums (collectively referred to herein as “Ratings and Forums”). All of the rules of conduct described in Section 4 above apply to the Ratings and Forums. Additionally, without LG Beauty’s express prior written consent, you may not use the Ratings and Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other LG Beauty websites visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Ratings and Forums or otherwise through any LG Beauty websites (“Submissions”), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by LG Beauty without restriction. You grant to LG Beauty the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Ratings and Forums or otherwise through the LG Beauty websites complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Ratings and Forums or otherwise in the LG Beauty websites. The Ratings and Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Ratings and Forums or otherwise through the LG Beauty websites are those of such third parties and not of LG Beauty, and LG Beauty does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the LG Beauty websites at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that LG Beauty has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Ratings and Forums or any other part of the LG Beauty websites. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE RATINGS AND FORUMS OR OTHERWISE THROUGH THE LG BEAUTY WEBSITES, YOU DO SO AT YOUR OWN RISK.
Although LG Beauty cannot monitor all Comments, LG Beauty reserves the right (but not the obligation), in its sole discretion, to remove or edit any Comment that appears on the LG Beauty websites for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the LG Beauty websites, and you agree to indemnify LG Beauty for all claims resulting from any such Comments. LG Beauty has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.
LG Beauty does not claim ownership of any Comment. However, you agree that LG Beauty is free to use any Comment for the purpose of providing you and others with the use of the LG Beauty websites, with associated products and services, and with LG Beauty’s (and its successors' and assigns)' business. You grant LG Beauty a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the Comment throughout the world in any media now known or hereafter developed. You also grant LG Beauty the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Comment.
You represent and warrant that:
- you own or otherwise control all of the rights to any Comment;
- use of any Comment supplied by you will not violate this Agreement; and
- the Comment will not cause injury to any person or entity.
LG Beauty takes no responsibility and assumes no liability for any Comment or other content posted by you or any third party.
7. Sweepstakes, Contests, and Similar Promotions.
Any sweepstakes, contest, or similar promotion made available through any LG Beauty websites may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, LG Beauty will ask you to agree to become subject to those rules, which may vary from the terms and conditions set forth herein. LG Beauty urges you to read the applicable rules which will be linked from the particular activity, and to review the Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.
8. Intended Audience.
LG Beauty controls and operates the LG Beauty websites from its offices located in the State of New York, U.S.A., and the LG Beauty websites are not intended to subject LG Beauty to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the LG Beauty websites are presented solely for the purpose of providing services and promoting products available in the United States. LG Beauty makes no representation or warranty that any LG Beauty website, in whole or in part, or any products, services, or materials made available through the LG Beauty websites, are appropriate or available for use in other locations. Those who choose to access the LG Beauty websites from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
9. Links to or From Other Sites.
The LG Beauty websites may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the "Outside Sites"). LG Beauty is not responsible for the availability of, or the content located on or through, any Outside Site. We cannot ensure your satisfaction with any products or services that are available through any Outside Sites linked from the LG Beauty websites because these Outside Sites are owned and operated by independent entities. We do not endorse any of those products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any Outside Sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such an Outside Site or otherwise. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.
YOU AGREE THAT YOUR USE OF OUTSIDE SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
LG Beauty permits certain third party links to the home page of its site, provided that LG Beauty is provided with notice of such links and does not thereafter object to such linking. No links or "deep links" are permitted to any page other than the lgbeauty.com home page without the prior written consent of LG Beauty and LG Beauty reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.
LG Beauty shall have the right, at any time and at its sole discretion, to block links to the LG Beauty websites through technological or other means without prior notice.
10. Disclaimer of Warranties.
LG Beauty does not represent or warrant that the information accessible through the LG Beauty websites is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. Price and availability information contained on the LG Beauty websites is subject to change without notice. LG Beauty shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the LG Beauty websites.
All materials and information presented by LG Beauty on the LG Beauty websites are intended to be used for informational purposes only. The products promoted on the LG Beauty websites, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the LG Beauty websites.
In providing product information to its customers, LG Beauty may rely in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please Contact Us.
LG Beauty cannot and does not represent or warrant that the LG Beauty websites or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE LG BEAUTY WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LG BEAUTY MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE LG BEAUTY WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. LG BEAUTY MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY LG BEAUTY INDEPENDENT SALES REPRESENTATIVES; (B) THAT THE LG BEAUTY WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE LG BEAUTY WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE LG BEAUTY WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE LG BEAUTY WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of the LG Beauty websites and the servers from which the LG Beauty websites are operated, the Avon websites may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Avon websites. If you become aware of any unauthorized third party alteration to the LG Beauty websites , contact us at with a description of the material(s) at issue and the URL or location on the applicable LG Beauty websites where such material(s) appear.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
11. Limitation of Liability.
IN NO EVENT SHALL LG BEAUTY , ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE “LG BEAUTY ENTITIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE LG BEAUTY WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE LG BEAUTY WEBSITES, OR (D) THE ACTS OR OMISSIONS OF LG BEAUTY REPRESENTATIVES, IN EACH EVENT, EVEN IF LG BEAUTY OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. LG BEAUTY IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. LG BEAUTY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY LG BEAUTY REPRESENTATIVE), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL LG BEAUTY ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE LG BEAUTY WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE LG BEAUTY WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE LG BEAUTY WEBSITES.
NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
12.Order Acceptance, Shipping and Refunds
The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on the LG Beauty websites, or published in any catalog or other advertisement. LG Beauty reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified as potential fraud. LG Beauty reserves the right to limit the quantity of items purchased per person, per household or per order for any reason; and these restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing address and/or shipping address. LG Beauty also reserves the right, in our sole discretion, to either prohibit sales or limit quantities of sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any item from LG Beauty for the purpose of engaging in a commercial sale of that same item with a third party. With respect to items sold by LG Beauty, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by LG Beauty is higher than our stated price, we will at our discretion, either contact your for instructions before shipping or cancel your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Pricing for items on lgbeauty.com may be different from prices available in relevant mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users). Verification of order and customer information may be required prior to the acceptance of any order. LG Beauty is not obligated to fulfill any order and may refuse any order. Alternatively, LG Beauty may accept the order and notify the Customer of an estimated time for shipment (in which case the order shall be deemed to remain open until delivery). Charges to Customer's credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. Same day delivery may be available in a limited geographic area. Applicable taxes and delivery fees will apply. The delivery fee does not include voluntary tip(s) or gratuity provided to the courier. In the event of an authorized return of any goods sold from the LG Beauty websites (whether at a store or to the lgbeauty.com Returns Department), LG Beauty is not obligated to include a refund of any shipping and handling charges or delivery charges except when the return is for defective product and LG Beauty shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related order.
13. Risk of Loss
The risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
You will indemnify and hold the LG Beauty Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the “Claims”): (a) your misuse of, inability to use, or activities in connection with the LG Beauty websites; (b) any violation of this Agreement or any other LG Beauty terms, conditions or policies by you or through any account you may have with any LG Beauty website; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the LG Beauty websites infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any LG Beauty websites visitor, user, or customer, or any other third party; and you agree to reimburse the LG Beauty Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claim(s). This provision does not require you to indemnify any of the LG Beauty Entities for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any LG Beauty websites or any content provided hereunder.
15. SMS Terms and Conditions
By texting LG Beauty from your mobile phone, you agree to receive recurring messages from LG Beauty on your mobile phone. Consent is not a condition of purchase.
Reply STOP to cancel or HELP for help. Customer Service: 800-500-2866. Standard message and data rates may apply. The mobile carriers are not liable for delayed or undelivered messages.
16. Virtual Beauty
The Virtual Beauty Information is required to enable you to use the Virtual Beauty Programs. The Virtual Beauty Information resides solely in the Virtual Beauty Programs on the device used to apply the virtual make-up and is permanently destroyed from the Virtual Beauty Programs when they are closed. No data from these APIs is collected nor stored anywhere.
When using the Application (as defined above), the browser-based Virtual Beauty Program powered by PerfectCorp. available on lgbeauty.com allows you to share your finished look via email or through Facebook or other social media channels. If you choose to share your finished look, the image you create will be transferred from your device to a Perfect Corp. controlled server and then deleted immediately upon the sending of the email to the address you enter (in the case of email sharing) or after twenty-four hours (in the case of Facebook sharing).
By using the Virtual Beauty Programs, you represent and warrant that you are either (i) the person in the photo or video that you provide to the Virtual Beauty Programs, or (ii) the legally authorized representative of the person in that photo or video. Furthermore, you agree to indemnify for and hold LG Beauty harmless from any claims that arise because you were not the person in the photo or video or you were not the authorized representative of the person in the photo or video.
17. Termination and Enforcement.
This Agreement is effective until terminated by LG Beauty. You agree that LG Beauty , at its sole discretion, may terminate your access to or use of the LG Beauty websites, at any time and for any reason, including without limitation if LG Beauty believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 4 above). Upon any such termination, your right to use the LG Beauty websites will immediately cease. You agree that any termination of your access to or use of the LG Beauty websites may be effected without prior notice and that LG Beauty may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that LG Beauty shall not be liable to you or any third party for any termination of your access to the LG Beauty websites or to any such information or files, and shall not be required to make such information or files available to you after any such termination. LG Beauty reserves the right to takes steps that LG Beauty believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the LG Beauty websites and/or a third party claim that your use of the LG Beauty websites is unlawful or violates such third party’s rights).
18. Claims of Copyright Infringement.
LG Beauty respects the intellectual property of others. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please follow the instructions below in our Notice and Procedure for Copyright Infringement Claims to contact us to report possible copyright infringement.
LG Beauty’s policy is to respond promptly to claims of copyright infringement on our Site. If you believe that your work has been copied on our websites in a way that constitutes copyright infringement under United States copyright law, please submit a notification to: LG H&H USA, Inc. Attn: Office of the General Counsel, One Liberty Plaza, 165 Broadway, NY, NY 10006, including the following information, in addition to any then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.:
- The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work(s) that you claim has been infringed;
- A description of the location on the Site of the material that you claim to be infringing;
- Your address, telephone number, and email address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notification to LG Beauty is accurate and that you are authorized to act on behalf of the copyright owner.
Upon receipt of a valid notification of alleged copyright infringement by a third party, LG Beauty’s policy is to remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to the material.
If a notice of copyright infringement has been filed against you, you may file a counter notification with LG Beauty at the address listed above. To be effective, a counter notification must be a written communication provided to LG Beauty that includes the following, , in addition to any then-current statutory requirements imposed by the DMCA:
- Your physical or electronic signature;
- A description of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or access to it was disabled;
- A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, telephone number, and email address; and
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, LG Beauty may send a copy of the counter notification to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the alleged infringer, the removed content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter notification, in LG Beauty’s sole discretion.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following site: https://www.techradar.com/news/the-best-free-parental-control-software. Note that LG Beauty does not endorse, support or approve any of the products or services listed at such site.
20. Information or Complaints.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:
If you have a question or complaint regarding the LG Beauty websites, please send an email to email@example.com. You may also contact us by writing to LG H&H USA, Inc. Attn: Office of the General Counsel, One Liberty Plaza, 165 Broadway, NY, NY 10006. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
21. Agreement To Arbitrate Disputes And Choice Of Law.
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.
WE BOTH AGREE TO ARBITRATE: You and LG Beauty agree to resolve any claims relating to this Agreement through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate LG Beauty’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the LG Beauty website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://www.jamsadr.com or 1-800-352- 5267. To initiate arbitration, you or LG Beauty must do the following things:
- Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, 620 8th Ave 34th Floor New York, NY 10018.
- Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in the Southern District of New York under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and LG BEAUTY, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and LG Beauty.
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 JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and LG Beauty in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LG BEAUTY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
CHOICE OF LAW/FORUM SELECTION. In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York County, New York.
- If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and LG Beauty. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and LG Beauty relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and LG Beauty relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to any LG Beauty website, by email, or by regular mail, at LG Beauty’s discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- The sections on Indemnity, Limitation of Liability and Disclaimer of Warranties do not apply to New Jersey residents.
23. Privacy Statement.
Read our Privacy Statement here.
This Agreement ©2023 LG H&H USA, Inc. All rights reserved.