Last revised February 03, 2024

These terms and conditions of use (“Terms of Use” or “Terms”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by American Beauty Labs, LLC (“American Beauty Labs,” “we,” or “us”), including the americanbeautylabs.com website (collectively, the “Site”), as well as the products and services available to users through the Site (collectively, the “Services”). The terms “you” and “your” means you and any other person accessing your American Beauty Labs account. The term “User” means the user of American Beauty Labs’ Site and Services.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use and our  Privacy Policy . If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site. 

American Beauty Labs reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this Site after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms.

SERVICES

The Site and Services are not for medical emergencies.  IF YOU ARE EXPERIENCING AN EMERGENCY, YOU SHOULD DIAL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM IMMEDIATELY.

American Beauty Labs’ Services are designed to enable you to locate and schedule certain professional services to be provided by licensed clinicians. American Beauty Labs contracts with independent medical practices (the “Providers”) to provide clinical services (the “Clinical Services”). The Clinical Services consist of the in-person administration of Botox and other dermal fillers by registered nurses, as well as telehealth consultations with supervising physicians. Currently, the Clinical Services are only available to Users located in New York State. The only prescriptions issued through use of the Clinical Services will be for cosmetic injectables and any medications needed for follow-up treatment, as determined by the treating provider.

The in-person Clinical Services are provided at facilities owned, leased, or rented by our third-party partners. As such, the operations of these facilities are largely outside the control of American Beauty Labs and the Providers.

For purposes of clarity, American Beauty Labs is not a health care provider; rather, American Beauty Labs offers online appointment booking for the Clinical Services, as well as a telehealth platform which facilitates the provision of asynchronous and synchronous telehealth services by the licensed clinicians. American Beauty Labs does not provide any medical advice or representations in any way regarding any medical issues associated with your care by the Providers. All care and treatment issues are between you and your Provider. If you utilize the Clinical Services, the Providers, and not American Beauty Labs, are responsible for the quality and appropriateness of the care they render to you. American Beauty Labs does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will never have a provider-patient relationship with American Beauty Labs. 

Currently, the Clinical Services are only available to individuals who are eighteen (18) years of age or older. If you make any misrepresentations about yourself, including misrepresentations of your age or medical history, during either the registration or booking process or during the provision of clinical services, American Beauty Labs and/or the Providers reserve the right to cancel your booked service without notice or refund and charge you the full amount of the booked service. If, at the time of your scheduled Clinical Service, you are under the influence of drugs or alcohol, the Provider will not perform the service and you will be charged the full amount.

Users are solely responsible for their decision to obtain treatment from a medical professional. We encourage you to consult with your own health care provider before using American Beauty Labs booking service to book any Clinical Services. The content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by American Beauty Labs.

To the extent that the Service incorporates any third party software licensed by American Beauty Labs, then, in addition to the terms set forth herein, User must comply with any additional terms, restrictions or limitations applicable to such third party software, to the extent that American Beauty Labs has notified User of such terms, restrictions or limitations. Additionally, User acknowledges that American Beauty Labs shall have the right to subcontract performance of its hosting services, in which event the service levels provided by any third party hosting provider (including, without limitation, any service levels that are stricter than the service levels offered by User) will be incorporated herein by reference.

ORDERING AND PURCHASING OF PRODUCTS AND SERVICES

You can purchase products and Services on the Site. American Beauty Labs collects payment for the Clinical Services on behalf of the Providers. We accept credit and U.S. debit cards. If a credit card account is being used for a transaction, American Beauty Labs may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. 

You represent and warrant that if you are making online payments that: (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

In the event a product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the product(s) or Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.

USER SITE ACCESS AND SECURITY

If you decide to register for an account with American Beauty Labs for access to and use of the Service, you agree to fully, accurately, and truthfully create your American Beauty Labs Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your login credentials. The login credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your login credentials, and for all activities that occur under such login credentials. You agree to prohibit anyone else from using your login credentials and agree to immediately notify American Beauty Labs via email at info@americanbeautylabs.com of any actual or suspected unauthorized use of your login credentials or other security concerns of which you become aware. Your access to the Site may be revoked by American Beauty Labs at any time with or without cause. 

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. 

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. American Beauty Labs will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. 

CONSENT TO COMMUNICATIONS 

When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that: (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. American Beauty Labs or a Provider may contact you by telephone, mail, or email to verify your account information. American Beauty Labs or a Provider may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested. 

By providing your mobile number, you are agreeing to be contacted by or on behalf of American Beauty Labs at the mobile number you have provided, including calls and text messages, to receive informational, Service-related (e.g., progress tracking, reminders) communications relating to the Site and Services. Message and data rates may apply.  TO STOP RECEIVING TEXT MESSAGES FROM US, REPLY WITH THE WORD “STOP” . We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.

American Beauty Labs is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at info@americanbeautylabs.com

You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit American Beauty Labs Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights. 

You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. 

INTELLECTUAL PROPERTY RIGHTS

All pages within this Site and any material made available for download are the property of American Beauty Labs, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright, trade secret, trademark, and other intellectual property or proprietary rights laws. 

American Beauty Labs retains all right, title, and interest in and to the Site, the Services and any information, documentation, software, video, audio, displays, images, or other materials on the Site, and the design, selection, and arrangement thereof, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by American Beauty Labs (in that case, the license provider retains all right, title, and interest therein).

You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, create derivative works of, or circulate such information to anyone, except as follows: 1) you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and 2) your computer may temporarily store copies of Site information in RAM incidental to your accessing and viewing those materials. You must not access or use for any commercial purposes any part of the Site, the Services, or materials available through the Site. The American Beauty Labs’ name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of American Beauty Labs or its affiliates or licensors. Use, reproduction, copying, or redistribution of American Beauty Labs’ trademarks, service marks, and logos are strictly prohibited without the prior written permission of American Beauty Labs, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by American Beauty Labs or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

Subject to these Terms of Use, American Beauty Labs grants you a revocable, nontransferable (except as provided below), personal, non-exclusive license to use the Site. American Beauty Labs reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. All rights not expressly granted to you in these Terms of Use are reserved and retained by American Beauty Labs or its licensors, suppliers, publishers, rights holders, or other content providers.

You may provide suggestions, comments, or other feedback (collectively, “Feedback”) to American Beauty Labs with respect to its Services. Feedback is voluntary. American Beauty Labs may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant American Beauty Labs a worldwide, irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with American Beauty Labs’ business, including the enhancement of the Services. 

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• In any way that infringes or facilitates infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To post or transmit: (a) a message under a false name; or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct.
• To impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm American Beauty Labs or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s li use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any device, software, or routine that interferes with the proper working of the Sites.
• Use any meta tags or any other "hidden text" utilizing American Beauty Labs’s name or trademarks without the express written consent of American Beauty Labs.
• Harvest or collect personal information about any other individual who uses the Site or the Services.
• Copy, distribute, modify, reproduce, publish, or use, in whole or in part, the Site or Services except for purposes authorized or approved in writing by American Beauty Labs.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services.
• Otherwise attempt to interfere with the proper working of the Site.

USER CONTRIBUTIONS

All content, information, and other materials posted, submitted, published, displayed, or transmitted by you on or through the Site (collectively, “User Contributions”) must comply with these Terms of Use. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant American Beauty Labs and its affiliates and service providers, and each of their and its respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material [for any purpose/according to your account settings]. You represent and warrant that: 1) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to American Beauty Labs and its affiliates and service providers, and each of their and its respective licensees, successors, and assigns; and 2) all of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not American Beauty Labs, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. American Beauty Labs is not responsible or liable to any third party for the content or accuracy of any User Contributions provided by you or any other User of the Site. American Beauty Labs may delete any information provided by you for any or no reason in its sole discretion.

ACCURACY OF INFORMATION

Although American Beauty Labs attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event an inaccuracy arises, please inform American Beauty Labs at info@americanbeautylabs.com so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, American Beauty Labs shall have no responsibility or liability for information or content posted to the Site from any non- American Beauty Labs affiliated third party.

NO FUNCTIONALITY GUARANTEES

American Beauty Labs reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.

LINKS TO THIRD PARTY SITES 

American Beauty Labs makes no representations whatsoever about any other website that you may access through this Site. When you access a third party site, please understand that it is independent from American Beauty Labs, and that American Beauty Labs has no control over the content on that website. In addition, a link to a third party website does not mean that American Beauty Labs endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

CLAIMS OF COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you believe any material accessible on or from the Site infringes your copyright, you may request removal of or access to those materials by submitting written notification (a “DMCA Notice”) to our copyright agent designated below:

Philip A. Nicolosi

Phil Nicolosi Law, P.C.

6735 Vistagreen Way, Suite 210
Rockford, IL 61107

(815)314-0022

dmca@philnicolosilaw.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly and materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable or terminate users who are repeat infringers.

DISCLAIMER OF WARRANTIES

AMERICAN BEAUTY LABS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. AMERICAN BEAUTY LABS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. AMERICAN BEAUTY LABS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. 

WARRANTIES RELATING TO SERVICES OFFERED, SOLD, AND DISTRIBUTED BY AMERICAN BEAUTY LABS ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY AMERICAN BEAUTY LABS OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES. AMERICAN BEAUTY LABS DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE SITE OR SERVICES, USE, OR MISUSE OF ANY SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless American Beauty Labs, the Providers, and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to American Beauty Labs or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

LIMITATION OF LIABILITY REGARDING USE OF THE SITE 

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION: 

AMERICAN BEAUTY LABS AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF AMERICAN BEAUTY LABS TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

ASSIGNMENT

You may not assign, transfer, or delegate the Terms of Use or any part thereof without American Beauty Labs’ prior written consent. American Beauty Labs may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties. 

FORCE MAJEURE

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, pandemic, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

DISPUTE RESOLUTION; ARBITRATION AGREEMENT

We will try work in good faith to resolve any issue you have with Site, including Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. 

You and American Beauty Labs agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and American Beauty Labs are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and American Beauty Labs.

If you desire to assert a claim against American Beauty Labs, and you therefore elect to seek arbitration, you must first send to American Beauty Labs, by certified mail, a written notice of your claim (“Notice”). The Notice to American Beauty Labs should be addressed to: Attn: Level 28/1325 6th Avenue, NY, NY, 10019 (“Notice Address”). If American Beauty Labs desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by American Beauty Labs, must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If American Beauty Labs and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or American Beauty Labs may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by American Beauty Labs or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after American Beauty Labs receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. 

The arbitration will be governed by the laws of the state of New York, the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless American Beauty Labs and you agree otherwise, any arbitration hearings will take place in New York. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of American Beauty Labs’ last written settlement offer made before an arbitrator was selected (or if American Beauty Labs did not make a settlement offer before an arbitrator was selected), then American Beauty Labs will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND AMERICAN BEAUTY LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and American Beauty Labs agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then: (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in New York. 

MISCELLANEOUS TERMS 

In the event that any of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

These Terms of Use constitute the entire agreement between American Beauty Labs and you pertaining to the subject matter hereof.

In its sole discretion, American Beauty Labs may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

HOW TO CONTACT US:

American Beauty Labs
ATTN: American Beauty Labs
Level 28/1325 6th Avenue, NY, NY, 10019
646-691-6418
info@americanbeautylabs.com