Terms of Service
Last Updated: November 22nd, 2022
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION PROVISION AND CLASS ACTION WAIVER” SECTION BELOW, AND UNLESS YOU OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND FIG FACIAL OR OTHER PARTIES DESCRIBED HEREIN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AT THE ELECTION OF EITHER PARTY, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS OR TO PARTICIPATE IN A CLASS, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR COLLECTIVE ACTION IN COURT OR IN ARBITRATION.
You understand that aspects of this Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
When you use the Services, you consent to receive communications from us electronically via the Services, email, or otherwise. You agree to provide accurate, current, and complete information about yourself when you use the Services and to update such information while you continue to use the Services.
USE OF THIS WEBSITE
This Website is hosted on servers in British Columbia, Canada and on servers in the United States of America. Accordingly, your access and use of this Website shall be deemed to be provided in British Columbia and/or the United States and subject to British Columbia law and the laws of Canada and/or the United States applicable therein. If you access this Website from outside of Canada and/or the United States, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, securities laws and import and export laws. In particular, you understand that this Website, the Services or both may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
You may only access and use this Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence and are legally capable of entering into a binding contract.
We reserve the right to suspend or terminate Your Account without warning with or without Cause.
SERVICES AND YOUR ACCOUNT
You represent and warrant that at all times you will: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and promptly update your information (including your e-mail address) to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your Account and any or all privileges on this Website and to refuse any and all current or future use of this Website.
WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.
Any conduct that in our sole discretion restricts or inhibits anyone else from using or enjoying the Services will not be permitted. We reserve the right in our sole discretion to remove or edit any content and to terminate your Account for any reason.
MOBILE DEVICES AND MOBILE APPLICATIONS
If you use a mobile device to access the Services optimized for mobile-viewing, or use a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Services via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms.
You may opt in to receive SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from us. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information you provide to Fig Facial as part of this service. We may use this information to contact you and provide services you request from us.
Fig Facial will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator. You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Website or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Websiteor our Services; (c) will only provide us with true, accurate, current and complete information if you register for an account—if we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Services (or any portion thereof); and (d) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
WE DO NOT PROVIDE MEDICAL ADVICE
Fig Facial does not provide health or medical advice through the Websites. The services that you obtain or receive from Fig Facial, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Website, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via the Website, Fig Facial emails and text messages, and Fig Facial advertising is for informational and communicative purposes only.
WHILE WE HOPE THE WEBSITE IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR AN EMERGENCY SYSTEM. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PHARMACY, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE. ONLY LICENSED HEALTHCARE PROVIDERS MAY PROVIDE HEALTHCARE ADVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISION TO OBTAIN TREATMENT FROM A HEALTHCARE PROFESSIONAL.
If you rely on any content on the Website, you do so solely at your own risk. We encourage you to independently confirm any content on the Website relevant to you with other sources, including your healthcare provider, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.
SALE OF PRODUCTS
This Website may allow you to purchase Products from time to time. We reserve the right to refuse
service to anyone, at any time, for any reason.
Should you choose to purchase a Product, please note that advertisements on this Website for Products are invitations to you to make offers to purchase Products and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. Your order for a Product will be deemed to be accepted only if and when we send an order confirmation to your email address. That confirmation constitutes our acceptance of your order.
Some situations may result in your order for Product(s) being cancelled. These include, but are not limited to: (i) limitations on the quantities of any Products available for purchase; (ii) inaccuracies or errors in Product or pricing information; (iii) Product restrictions mandated by local, provincial, national or international regulations; and (iv) problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.
For the avoidance of doubt, we reserve the right, at our sole discretion to limit quantities available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for reason whatsoever. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.
Subject to applicable laws, we may amend this Website, and the Products listed on this Website, and/or the amounts that we charge for same at any time, without prior notice.
SUBJECT TO SECTION 10 BELOW, ALL SALES ARE FINAL.
The prices displayed on this Website are quoted in Canadian dollars or United States dollars, depending on the location from which you are accessing the Website.”
Product prices do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for the same. Also note that the price of any Product on our Website does not include shipping and handling, payment processing fees, or any other processing fees or expenses. You are also responsible for the payment of each of these.
At the time you place an order for Products, you will be required to provide your payment information. You represent and warrant that: (i) such information is both valid and correct; and (ii) you are the person referred to in the payment information provided.
Please note that the credit card issuers whose credit cards we accept (the “Payment Networks”) have established guidelines, bylaws, rules, and regulations (collectively, the “Payment Network Rules”). We are required to comply with all applicable Payment Network Rules. The Payment Networks may amend the Payment Network Rules at any time and without notice to us or to you. We reserve the right to amend this Agreement at any time for the purposes to comply with: (i) the Payment Network Rules; as well as (ii) the requirements of our third party payment processing service provider.
To purchase any Products:
Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your credit card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavored to purchase arising from any validation checks that may be carried out regarding your payment or identification.
SHIPPING AND DELIVERY
As provided above, you are responsible for all shipping and handling costs or fees associated with your purchase.
Fig Facial only ships Products to addresses in Canada and the United States.
Title to any Products purchased by you and risk of loss shall pass onto you upon delivery of the Products to a shipper/carrier. Fig Facial cannot be held responsible for packages that are undeliverable or delivered to an incorrect address due to incorrect or incomplete address information entered (customer address input error).
Packages returned to Fig Facial as unclaimed (not picked up at local postal outlet or from a private carrier including UPS, FedEx, etc.), refused (by addressee or customs), or packages returned due to incorrect address information (customer address input error) may be subject to a 15% restocking fee if returned in resalable condition, as well as additional deductions for the original shipping charges (or equivalent if shipping charges were included in the purchase price) and any return shipping charges.
RETURNS AND REFUNDS
If you are not satisfied with a Product and have reason to suspect it is defective, please contact us and we will do our best to make sure you are happy.
However, no returns or exchanges will be accepted:
Orders purchased via PayPal will only be eligible for a refund to your PayPal account when you mail them back to us. If you return items purchased via PayPal in one of our Fig Bars, we’ll exchange or issue you a product credit.
Online exchanges are not supported at this time. Gift cards are non-refundable and non-transferable.
To Request a Refund:
- Email email@example.com with the following information so that we can process your return and send you a return label as quickly as possible:
■ Order Number
■ Item to be Returned
■ Date of Order
■ Your Full Name
■ Your Full Address and Phone Number
- A Formula Fig guest care associate will contact you with a return label.
- Pack your products into a box with the original packing slip and affix the return label to the front before dropping off at your local carrier for shipment.
Please allow up to 14 business days for returns processing once your return has been received at the warehouse.
If you have any questions, please email us at firstname.lastname@example.org.
Formula Fig offers Ground shipping (4-9 business days), Expedited shipping (2-5 business days) and Priority shipping (1-3 business days). Shipping costs will not be refunded if the order is returned. However, Formula Fig makes not promises, warranties, representations, or guarantees that any Product will arrive at any particular time or date.
Formula Fig online orders are shipped on business days (Monday - Friday, excluding major holidays). Orders shipped via Ground are processed and shipped within 2 business days, depending on product availability.
Once your order has left our warehouse, you will receive a shipment confirmation email. The email will contain shipment details, your tracking number, and a link to the selected carrier site. If you have an active account, tracking information will also be updated for each order in the My Account section of our website.
Taxes & Duties
Prices displayed on the Formula Fig site do not include taxes. When you proceed to purchase your order, sales tax (where applicable) and shipping charges will be calculated on the total value of product, and will be displayed on the checkout page.
Additional duty charges will be applicable to shipments outside of Canada.
If you have any questions, please email us using the information in the “Contact Us” section below.
Note, currently we do not support PO Box address shipping.
CODE OF CONDUCT
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services.
In the event that the Website enables you to post any comments, suggestions, feedback or other content (collectively, “User Content”), you are solely responsible for User Content that you post or upload on the Website. By submitting User Content to the Website you agree to:
We have the right, but not the obligation, to delete any communications, content or other materials on this Website at any time without notice or liability to you.
You agree that we may access, preserve and disclose your account and any User Content posted, uploaded, received or otherwise communicated if required to do so by law or with the good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with an enforceable subpoena or other legal process; (ii) enforce these Terms; (iii) respond to claims that any information violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website in the future; or (v) protect the rights, property or personal safety of Fig Facial or its members, employees, agents, affiliates, residential communities or any other person.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Fig Facial or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Fig Facial, and its licensees, successors and assigns, from any claims that you could otherwise assert against Fig Facial by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
Fig Facial may make certain information, content, software or other materials (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) available to you from this Website from time to time (collectively, the “Fig Facial Materials”). All Fig Facial Materials are protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws. If you download, access or use any Fig Facial Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Fig Facial’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such materials. Fig Facial does not transfer the title or the intellectual property rights to the Fig Facial Materials to you, and retains full and complete title to the Fig Facial Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Fig Facial Materials. Fig Facial or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
This Website (including its organization, and presentation and Fig Facial Materials) is the property of Fig Facial and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
The Fig Facial Materials are information and educational resources. Procedures, products, services and devices discussed and/or marketed through the Website are not applicable to all individuals, patients or all clinical situations. Any procedures, products, services or devices represented through the services by advertisers, sponsors, and other participants of the services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success. You should always consult with your doctors, nurses, or other medical professionals before making any decisions.
USE OF WEBSITE AND FIG FACIAL MATERIALS
The information and materials contained on the Website, and these Terms, policies, and descriptions on the Website, are subject to change. You accept sole responsibility for all of your activities using the Website. Your use of the Website is limited to the intended function of the Website. Unauthorized use of the Website and systems, including but not limited to unauthorized entry into Fig Facial’s systems or misuse of any information posted on the Website, is strictly prohibited. You may not use the Website in a manner that:
- harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access content or systems of Fig Facial in a manner that is not authorized by Fig Facial;
- uses or launches any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Fig Facial;
- attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- attempts to gain unauthorized access to Fig Facial’s computer network or user accounts;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- violates these Terms or any other Fig Facial policies;
- attempts to damage, disable, overburden, or impair Fig Facial servers or networks;
- fails to comply with applicable third-party terms; or
- constitutes any other inappropriate conduct, as determined by us in our sole discretion.
While we endeavour to keep downtime to a minimum, we cannot and do not promise that theWebsite or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Website or the Services, or any part thereof, with or without prior notice for any reason. At times you may experience difficulty accessing the Website or communicating with Fig Facial through the Internet, or other electronic wireless services, as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Fig Facial’s, can experience unanticipated outages or slowdowns or have capacity limitations. Fig Facial is not responsible for failure or delay of performance caused by such problems, and Fig Facial makes no warranties as to the Websites’ availability.
ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Website and the Services, and you shall be solely responsible for all charges and fees related thereto.
Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Fig Facial is not liable for any damages related to communications to, or from, this Website or the Services.
CURRENCY OF WEBSITE
Fig Facial updates the information on this Website and the Services periodically. However, Fig Facial cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website and the Services. We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update this Website (including the Fig Facial Materials) and the Services at any time, without prior notice to you (including after an order has been placed by you).
LINKS TO OTHER WEBSITES AND SERVICES
This Website or the Services may contain links to outside services and resources, the availability and content of which Fig Facial does not control. We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites. Fig Facial does not assume any responsibility or liability for the actions, products, and content of these and any other websites. Any concerns regarding any such services or resources should be directed to the service or resource. The inclusion of these links does not imply that Fig Facial monitors or endorses these websites.
FIG FACIAL SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR THE RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES OR LINKED RESOURCES.
Fig Facial makes no warranty whatsoever to you, express or implied, regarding the security of the Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Website. You acknowledge and agree that you are solely responsible for maintaining the security of your devices and passwords. Fig Facial is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Website by using the contact information in the “Contact Us” section below.
To protect the security of your information, Fig Facial may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the Website.
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website or the Services. Fig Facial recommends that you install appropriate anti-virus or other protective software.
FIG FACIAL SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS WEBSITE OR THE SERVICES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE.
DISCLAIMERS: WEBSITE, SERVICES AND MATERIALS PROVIDED “AS-IS”
EXCEPT AS OTHERWISE PROVIDED EXPLICITLY HEREIN, THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE FIG FACIAL MATERIALS ARE PROVIDED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. FIG FACIAL DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES OR THE FIG FACIAL MATERIALS (A) WILL MEET YOUR REQUIREMENTS, (B) THAT THEIR USE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (C) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. FIG FACIAL UNDERTAKES NO OBLIGATION TO UPDATE THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIG FACIAL, OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY REGARDING THE SERVICES NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SERVICES AND ITS CONTENT AND DATA MAY BE PROVIDED BY FIG FACIAL FROM TIME TO TIME WITHIN THE SERVICES.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN REPRESENTATIONS OR WARRANTIES. AS SUCH, THE FOREGOING DISCLAIMER WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
NOTHING ON THE WEBSITE OR SERVICES SHALL BE CONSTRUED AS LEGAL, FINANCIAL, MEDICAL, OR OTHER ADVICE, AND YOU ARE SOLELY RESPONSIBLE FOR MAKING ALL DECISIONS TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, CODES, OR STANDARDS.
WE DO NOT WARRANT THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SERVICES, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
LIMITATION OF LIABILITY
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE PRODUCTS,
THE SERVICES AND THE FIG FACIAL MATERIALS.
Please note that some jurisdictions limit the extent to which a party may indemnify another. As such, the foregoing indemnity will apply to you to the extent permitted by applicable law.
As above, we reserve the right to terminate or suspend your Account and/or your access to this Website and/or the Services (or any portion, aspect or feature of the Website and/or the Services) immediately, with or without notice to you, and without liability to you, if Fig Facial, in its sole discretion, believes that:
- any information provided by you is untrue, inaccurate, not current or incomplete; or
- you, or any other parties, are obtaining unauthorized access to our Website, or any other systems or information of Fig Facial.
These suspensions will be for such periods of time as Fig Facial may reasonably determine is necessary to permit the thorough investigation of such suspended activity. Suspensions may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Services.
TERM & TERMINATION
You are responsible for reviewing these Terms regularly. Fig Facial reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Services, these Terms, or any of our policies related to use of the Services. We will not amend the Arbitration Provision or Class Action Waiver, described below, in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration Provision and Class Action Waiver in its entirety. Revisions to these Terms or our policies may be provided through the Services, including by posting the revisions on the Services and updating the “Last Updated” date. Such revisions will go into immediate effect once posted to the Services. Continued use of the Services following such modifications to the Services, these Terms, additional terms and conditions for any service, or our other policies will constitute your acceptance of such modifications and revisions.
ARBITRATION PROVISION AND CLASS ACTION WAIVER (“the Arbitration Provision”)
JURY TRIAL WAIVER. YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
CLASS ACTION WAIVER. You and the Transaction Parties each agree that if arbitration of a Dispute is elected, the Dispute will be resolved in arbitration (not in court) only on an individual basis and not as a class, collective or other representative action. To the fullest extent permitted under the FAA: (a) no arbitration will be joined or consolidated with any other unless all parties otherwise agree in writing; (b) there is no right or authority for any Dispute to be arbitrated on a class-action, collective action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Transaction Parties and/or you individually.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
This Website and the Services are solely directed to individuals residing in Canada and the United States. We make no representation that materials on this Website or the Services are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Anything not covered by the Arbitration Provision shall be governed by and construed in accordance with the laws of the State of Delaware (without regard to provisions relating to conflicts of law), except as to copyright and trademark matters, which are covered by Canadian federal laws. You agree that any legal action or proceeding between Fig Facial and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be resolved individually, without resort to any form of class action, exclusively in the courts of Province of British Columbia, Canada, and you agree to submit to the jurisdiction of these courts. You waive any venue or inconvenient forum objections to such courts.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
out to us at:
Fig Facial Inc.
2050 W.4th Ave
Vancouver BC V6J 1M9
Attention: VP of Operations
Share details about your shipping policies, item returns, or customer service.
Share details about your shipping policies, item returns, or customer service.
Share details about your shipping policies, item returns, or customer service.