Terms And Conditions
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR WEBSITE OR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE WEBSITE OR SERVICES IN ANY MANNER.
Effective Date: 01/01/2022
Welcome to AchieveBeauty.com. Please read on to learn the rules and restrictions that govern your use of our website(s), recommendations, products, Website or Services and applications (the “Website or Services”). If you have any questions, comments, or concerns regarding these terms or the Website or Services, please contact us at Achieve Beauty 1-954-654-9047
These Terms and Conditions (the “Terms”) are a binding contract between you and Achieve Beauty, Inc, (“Achieve Beauty”, “AchieveBeauty.com”, “we” and “us”). You must agree to and accept all of the Terms in order to have the right to use the Website or Services. Your using the Website or Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Website or Services.
Will These Terms Change?
We are constantly trying to improve our Website or Services, so these Terms may need to change along with the Website or Services we provide. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on AchieveBeauty.com, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Website or Services. If you use the Website or Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless provided to you in writing.
Our Recommended Routines and Products or On-going Communication
Disclaimer – Our analysis is based on published data currently available to us, but we cannot represent if there are other ingredients the manufacturer has included not on our list, or if there are other problems associated with disclosed ingredients that we are not aware of. While Achieve Beauty attempts to keep all product ingredient lists on this website as accurate as possible, we do not represent or warrant that these lists are complete, reliable, up-to-date or error free. Manufacturer’s change their formulations and may not update their websites or published Ingredient lists. Please refer to the ingredients list on the product packaging for the most accurate list of ingredients, and if our list is not accurate, please contact us at: support@AchieveBeauty.com
We do not represent or warrant that any information, product descriptions or advice obtained through this site, including representations or implied representations as to the completeness of any product information or advice we provide, or fitness for a particular purpose, or for the advice or information provided by any of our recommended product manufacturers or product sellers is accurate, complete or current. The information obtained through this website is for information purposes only and is not intended to be used for the diagnosis, treatment, mitigation, cure or prevention of any disease, or skin or hair condition. The product or ingredient results reported, if any, may not apply for all individuals. You should only rely on the advice of your own physician or health practitioner regarding any suggestions and recommendations made on this site or any entity we recommend. If you find that any of the information we have provided is not accurate, please contact us at: support@AchieveBeauty.com
Website or Services and Auto-Renewal – On-Going Communication. The On-Going communication aspects of our Website, or Services that you elect to enroll for, include automatic renewal of your payment obligations unless you cancel before the next renewal period. Cancellation can be accomplished using the methods described below.
If not canceled, the Subscription Website or Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the original Subscription term you selected, at the then-current non-promotional rate.
By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation. All recurring payments relating to Subscription Website or Services are fully earned upon payment.
To change or cancel your Subscription Services at any time, you can do so in your account settings, or you can email “cancel” to . If you terminate a Subscription Service, your subscription will not be renewed after the end of your then-current subscription term.
Billing. We use a third-party payment processor (our “Payment Processor”) to process payments for your purchases linked to your Account (your “Billing Account”). Processing of payments will be subject to the terms, conditions and privacy policies of our Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor.
You agree to make payment to us, through our Payment Processor, of all charges at the prices then in effect, in accordance with the applicable payment terms, and you authorize us, through our Payment Processor, to charge your chosen payment provider (your “Payment Method”). We reserve the right to correct any errors or mistakes that may occur even if the payment has already been requested or received.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your Payment Method. If we, through our Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, KEEP IT COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY EMAILING support@AchieveBeauty.com.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you pre-authorized (other than due to the imposition or change in the amount of applicable sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge. Any agreement you have with your payment provider will govern your use of your Payment Method.
Basics of Using AchieveBeauty.com
In order to fully utilize our Website or Services you are required to sign up for an account using your personal email and select a password. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not use an email address that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Website or Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Website or Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Website or Services is prohibited by applicable laws, then you aren’t authorized to use the Website or Services. We can’t and won’t be responsible for your using the Website or Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You are solely responsible for any activity associated with your account.
For users that register on our website, we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
Your Use of the Website or Services is Subject to the Following Additional Restrictions
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms as defined below) or otherwise use the Website or Services or interact with the Website or Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Website or Services, and you agree to be responsible for any losses Achieve Beauty incurs as a result of your actions.
Your Rights in the Website or Services
The materials displayed or performed or available on or through the Website or Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Website or Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Achieve Beauty, Inc) rights.
You understand that Achieve Beauty, Inc owns the Website or Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Website or Services.
The Website or Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Grant of Licenses to Achieve Beauty, Inc or to Other Users
Comments you post or upload (“User Submissions”) through the Website or Services may be viewable by other users. In order to display your comments on the Website or Services, and to allow other users to enjoy them (where applicable), you grant us certain rights to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Website or Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected. You agree that the license you grant is royalty-free, perpetual, sublicensable, irrevocable, and worldwide.
Finally, you understand and agree that Achieve Beauty, Inc, in performing the required technical steps to provide the Website or Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, Website or Services, or media, and the foregoing licenses include the rights to do so.
We reserve the right to delete or disable User Submissions alleged to be infringing or the copyright of others, and to terminate the accounts of repeat alleged infringers.
Responsibility for User Submissions
Any information or content publicly posted or privately transmitted through the Website or Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Website or Services. We can’t guarantee the identity of any users with whom you interact in using the Website or Services and are not responsible for which users gain access to the Website or Services.
You are responsible for all Content you contribute, in any manner, to the Website or Services, and you represent and warrant all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Website or Services.
The Website or Services may contain links or connections to third party websites or Website or Services that are not owned or controlled by Achieve Beauty, Inc. When you access third party websites or use third party Website or Services, you accept that there are risks in doing so, and that Achieve Beauty, Inc is not responsible for such risks. We encourage you to be aware when you leave the Website or Services to access content on other websites and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
Achieve Beauty, Inc has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Website or Services. In addition, Achieve Beauty, Inc will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Website or Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Website or Services, including payment and delivery of goods or Website or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Achieve Beauty, Inc shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Achieve Beauty, Inc is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Achieve Beauty, Inc, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Website or Services.
Warranties; Warranty Disclaimer. (I) Achieve Beauty, Inc does not make any representations or warranties concerning any content contained in or accessed through the Website or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Website or Services; (II) Achieve Beauty, Inc makes no representations or warranties regarding suggestions or recommendations of Website or Services or products offered or purchased through the Website or Services;
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY INFORMATION PROVIDED BY ACHIEVE BEAUTY, INC IN CONNECTION WITH THE WEBSITE OR SERVICES PROVIDED IS FOR INFORMATIONAL USE ONLY AND DOES NOT CONSTITUTE AND SHALL NOT BE CONSTRUED AS MEDICAL ADVICE OR RECOMMENDATIONS OF ANY NATURE WHATSOEVER.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ACHIEVE BEAUTY, INC BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING SKIN OR HAIR OR BODY REACTIONS, AND DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $500 OR (II) THE AMOUNTS PAID BY YOU TO ACHIEVE BEAUTY, INC IN CONNECTION WITH THE WEBSITE OR SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Achieve Beauty, Inc, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Website or Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Website or Services account, in any way (by operation of law or otherwise) without Achieve Beauty Inc’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of Florida without regard to the conflicts of law provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Broward County, Florida, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Website or Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties’ consent to exclusive jurisdiction and venue in the state or federal courts located in Broward County, Florida.
You and Achieve Beauty, Inc agree there are no third party beneficiaries intended under these Terms.