Terms of Use

Last Updated: June 4, 2026

1. Agreement to the Terms

These Terms of Use are a legally binding contract entered into between you, whether as an individual or representing a legal entity ("you"), and CJ Olive Young USA Inc. (hereinafter, the "Company," "we," or "us"). These Terms govern your access to and use of the website operated by Company, located at www.us.oliveyoung.com, including all subdomains and subparts, as well as our social media accounts on Facebook, Instagram, YouTube, Google, and X, and other platforms and applications for mobile, tablet, and other smart devices and application programs (collectively, the "Site").

PLEASE READ THESE TERMS OF USE, OUR PRIVACY NOTICE, AND ANY OTHER APPLICABLE TERMS RELATING TO PROGRAMS WE OFFER, (EXPRESSLY INCORPORATED HEREIN BY REFERENCE AS THE "TERMS") FULLY AND CAREFULLY BEFORE USING THE SITE AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AND OTHER LIMITATIONS OF YOUR RIGHTS AND EXCLUSIONS THAT MAY APPLY TO YOU.

If you do not agree to all contents of these Terms, your use of the Site is expressly prohibited, and you must immediately discontinue use.

You agree to these Terms and any amendments that may be published from time to time on the Site, each of which is incorporated by reference. YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE SITE, AS STATED FULLY IN THE "DISPUTE RESOLUTION" SECTION BELOW.

2. Eligibility to Use the Site for Personal Use

You may use the Site only if you are at least sixteen (16) years of age. If you are under sixteen (16) years of age, you may only use the Site with the permission and involvement of your parent or guardian.

You may view and use our Site in compliance with these Terms for your personal, non-commercial purposes. No other use of the Site is authorized. You may not resell products or samples purchased or received from us. Products provided on the Site and samples provided by us must be used for personal use only.

3. Notice Required By California Law

The name, address, and telephone number of the provider of this service is CJ Olive Young USA, 300 S Grand Ave Suite 1100, Los Angeles, CA 90071, (213) 338-2662. Complaints regarding services or products, or requests to receive further information regarding use of this Site may be sent to the above address or to [email protected].

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

4. Changes To Terms of Use

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the "Last Updated" legend at the top of these Terms. Your continued use of the Site will constitute your acceptance of the then-current Terms; however, any material change to these Terms after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and Company will be applied.

5. Intellectual Property Rights

Unless otherwise expressly stated, the Site and certain underlying software, systems, and technology are owned by CJ Olive Young Corporation or its licensors and are licensed to the Company for operation in the United States. Certain designs, audio, video, text, photographs, graphics, organization, compilation, services, and other matters related to same on the Site (collectively, the "Company Content"), as well as the trademarks, service marks, and logos contained therein ("Marks"), are owned or controlled by us and are protected by applicable U.S. copyright and trademark laws, other proprietary rights, and other laws of the United States and foreign countries.

Copyrights and Trademarks

Except as stated herein, none of the Company Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, or copyright rights, or in the proprietary rights of any third party.

Certain intellectual property made available on the Site is licensed to the Company for use in connection with the operation of the Site. All trademarks not owned by Company that are made available by and through the Site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Company. These and all of our other trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any other names and brands on the Site may be claimed as the property of others.

Intellectual Property, Copyright, and Exclusivity

Copyright in any description, product label, or other documents that may be owned by Company under or in connection with your purchase(s) and all intellectual property rights, title, and interest in and to the formulation or design of Company's products, or any part thereof, whether such formulation or design is registered or not, shall vest in Company absolutely. Any data, patent, industrial design, copyright, proprietary right, or confidentiality, know-how, trademark, or process with respect to Company's products is the proprietary information ("Proprietary Information") of Company and its third-party vendors (as the case may be). You agree that you shall not, without Company's prior written consent, use or disclose the Proprietary Information to any third-party for any reason other than that third-party's personal use of Company's products. You also agree that you shall not use or provide Company's products to any third-party or other entity to reverse engineer or disassemble Company's products or any part thereof to create or derive any Company or third-party intellectual property.

DMCA/Copyright Policy

It is our policy to respect the copyright and intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may terminate access by users who appear to infringe the intellectual property or other rights of others.

We comply with the Digital Millennium Copyright Act ("DMCA"). If you believe we or any user of the Site has infringed your copyright in any material way, please notify Company, and provide the following:

an identification of the intellectual property right claimed to have been infringed;
an identification of the material you claim is infringing so that we may locate it on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner or its licensee, or the agent of either of the foregoing, or the law;
a statement by you that the above information in your notice is accurate and made under penalty of perjury; and
that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by email to [email protected], by phone at (213) 338-2662, or by writing to Company at 300 S Grand Ave Suite 1100, Los Angeles, CA 90071.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any potentially infringing material. If a dispute develops as to the correct owner of the rights in question, we may in our sole discretion, remove the applicable material along with that of the alleged infringer pending resolution of the matter. We have an absolute right to remove any such Content or other material from the Site in our sole discretion at any time.

6. Services Provided

We provide the following services:

Information on products and services
Conclusion and performance of purchase contracts
Opportunities to participate in various events and promotions
Emails regarding new products and company news
Other services determined by the Company

The content of the services provided may be changed if the Company determines that such change is necessary for managerial, technical, operational, or other reasons.

The Company may restrict certain services or the hours of use for registered customers. In cases such as goods or services being out of stock or changes in technical specifications, the Company may change the contents of the goods or services to be provided under contracts to be concluded in the future. In such case, the details of the changed goods or services and the date of provision shall be immediately announced at the place where the current goods or services are posted.

The Company may temporarily suspend the provision of services for business reasons, such as maintenance inspection, replacement, failure, malfunction, interruption and delay of communications, or natural disasters affecting information and communication facilities such as computers. Delivery of products may be temporarily unavailable, and the Company may post notice of such on the homepage or notify customers by email.

7. User Account

A user may apply to become a registered customer after entering the customer information requested by the Company and agreeing to these Terms.
We reserve the right, in our sole discretion, to change, modify, or remove the contents of the Site at any time and for any reason without prior notice.
We may, in our sole discretion, at any time and without prior notice or liability, terminate or suspend your account and block access to the Site for any reason, including, but not limited to, where you violate these Terms. We reserve the right to refuse service to you or cancel your product orders if you violate any of these Terms or for any other reason. If we terminate your account, re-registration under the same Email ID may be restricted depending on certain circumstances.
You are responsible for safeguarding your password. We shall not be liable for any loss or damage arising from your failure to fulfill this obligation. You agree to accept responsibility for all activities that occur under your account or password.
We reserve the right to withhold approval of a user's registration request and restrict, remove or change an Email ID selected by you.
A registered customer may directly request account termination through the website or by email at [email protected]. Account termination shall take effect immediately after processing of the request.

8. OLIVE YOUNG GLOBAL Data Transfer (Applicable to Existing OLIVE YOUNG GLOBAL Members Only)

With the Company's opening in the United States and launch of the Site for US customers, customers in the United States will no longer be able to make purchases for U.S. delivery through the OLIVE YOUNG GLOBAL service.
Customers who have an existing OLIVE YOUNG GLOBAL account may, in accordance with the procedures set by the Company, establish an OLIVE YOUNG US account and populate it with data from the OLIVE YOUNG GLOBAL account after first logging in to the Site with the existing Login ID and password and completing additional consent and authentication procedures. Establishing a US account with data from an existing OLIVE YOUNG GLOBAL account will transfer information about previous activity records, reward points, and other account information, which may be used on the Site.
US customers will have the option of transferring data from an existing OLIVE YOUNG GLOBAL account to a a OLIVE YOUNG US account for a limited time. The account information transfer option for existing OLIVE YOUNG GLOBAL accounts may be terminated at any time in accordance with our operational needs and policies.
Your existing OLIVE YOUNG Global account will be deactivated immediately and cannot be recovered.
Any data transferred between an OLIVE YOUNG GLOBAL account and the Company is subject to separate agreements between CJ Olive Young Corporation and the Company.If you choose to establish a new account on OLIVE YOUNG US service, your data may be duplicated, or continuously retained in the existing database of OLIVE YOUNG GLOBAL, and the data items and processing methods shall be governed by the Privacy Notice. OLIVE YOUNG GLOBAL reward points will become invalid, however, the Company will offer reward points equivalent to those held in an OLIVE YOUNG GLOBAL account to US Members who sign up for the Program and transfer data from an existing OLIVE YOUNG GLOBAL account.
The Company shall not be liable for partial omission of data or technical errors occurring in the course of transfer of account data unless there is intent or gross negligence, and the user is responsible for checking his or her data details before transfer of data.
Depending on the timing of the transfer of account data, the user may be excluded from eligibility for benefits that were scheduled to be provided through the OLIVE YOUNG GLOBAL service, and the user agrees thereto.

9. Email Notifications to You

The Company may provide the user with various information deemed important through the email address provided by the user at the time of registration or by other means. The user may opt out of receiving marketing emails from the Company at any time.

10. Privacy Protection

Users of the Site should refer to our Privacy Notice (as may be updated from time to time) for information about how we collect, use, and disclose personal information, which may be accessed by clicking on the following link: https://us.oliveyoung.com/terms/privacy-notice. By agreeing to these Terms, you consent to our collection, use, and disclosure of your personal information as described in our Privacy Notice incorporated into these Terms by reference as if fully re-written herein.

For general details regarding our Privacy Notice, please refer to the "Privacy Notice."

11. Customer Obligations and Prohibited Conduct

A registered customer may not engage in the following activities:
1. access or use the Site for any purpose other than the purposes permitted by us
2. use a stolen Email ID or password
3. use false information to register for an account, make a purchase, or post consumer reviews or other information to the Site
4. unauthorized use, reproduction, distribution, or commercial use of information or products obtained through the Site provided by the Company, including reselling products purchased from Company
5. infringement of intellectual property rights and/or other rights of third parties
6. distribution of unverified information that damages the reputation and credibility of the Site or interferes with business operations, defamation, or intentional acts causing harm to others
7. inciting crime or distributing obscene, hateful, or vulgar materials (and other activities harmful to social order)
8. unauthorized distribution or advertisement of content unrelated to the Site or products provided by the Company
9. hacking or distributing computer viruses in order to interfere with or damage the information services provided by the Company
10. threatening the order of electronic commerce, such as theft of information or interference with the activities of other users on the Site
11. systematically extracting data or content to build a database or directory without our written permission
12. bypassing, disabling, or otherwise interfering with security-related features of the Site
13. unauthorized framing of or linking to the Site
14. repeatedly canceling or returning products purchased from the Site without justifiable reason, thereby interfering with business operations
15. insulting, threatening, or sexually harassing CJ Olive Young USA employees or others on the Site
16. acts that harm public order on the Site, violate these Terms, or in violation of applicable laws
A registered customer is responsible for managing his or her own Email ID and password and shall be responsible for all consequences arising from the user's negligence.
In connection with the use of the Site, duplicate Email IDs are not allowed. If an Email ID is exposed to another person, please change the password immediately and notify the Company.
A registered customer is obligated to comply with these Terms.

12. Reward Points and Loyalty Program (O.Y MEMBERS Program)

The Company operates the 'O.Y MEMBERS Program' (the "Program"), which provides reward point accrual and discount benefits to eligible customers in the United States. This Program is available for personal use only, and commercial use is strictly prohibited.

Customers who are residents of the United States and at least 16 years of age are eligible to participate in the Program. Upon registering an OLIVE YOUNG US customer account, you are automatically enrolled in the Program. The Company reserves the right to review or restrict eligibility for enrollment to ensure compliance with applicable laws and regulations.

Specific operating policies regarding the accrual of points, tier determination, use and expiration of benefits, etc., are governed by the separate O.Y MEMBERS Policy. In the event of a conflict between these Terms of Use and the O.Y MEMBERS Policy, the O.Y MEMBERS Policy shall prevail with respect to matters related to rewards.

The Company reserves the right, in its sole discretion, to change, amend, or terminate the Program's content, reward structure, or tier system at any time without prior notice. Changes will become effective immediately upon being posted on the Site, and the updated terms will supersede any previous versions.

13. Anti-Diversion

If resale intent is reasonably suspected, such as excessive repeated orders to the same address or bulk purchases using the same payment method, the Company may cancel the order and suspend the account without separate notice.

We are not responsible for any injury or damage that may result from the purchase of services or products through distributors or retailers who are not authorized distributors or retailers of our services or products. We are not responsible for any injury or damage that may result from services or products purchased from third-parties past their expiration date or those that have been altered or discontinued.

14. Accuracy of Information and Medical Disclaimer Notice

We strive to be as accurate as possible when describing products on the Site, but to the extent permitted by applicable law, we do not guarantee that product descriptions, colors, information, or other content are accurate, complete, reliable, or error-free.

The Site is solely an online store for cosmetic and personal care products. Statements and other material made available on or through the Site relating to the products: (1) are not intended to diagnose, treat, cure, or prevent any medical condition or disease and (ii) are not in any way intended as medical advice or as a substitute for medical treatment. All products must be used strictly in accordance with the instructions, cautions, and guidelines. In order to avoid allergic reactions, you should always check the ingredients. If you have a medical condition that may be affected by your use of any services or products offered on the Site, you should consult with your physician or other healthcare professional before using any product. If you have or suspect that you have a medical condition, promptly contact your healthcare provider. Never delay seeking or disregard professional medical advice because of something you have read on the Site.

15. User-Generated Content (Reviews, etc.)

With respect to all content that you post or provide within the Site, including reviews, photographs, videos, opinions, ratings, etc. (hereinafter, "Content"), you represent and warrant that you own all of your Content or you have all rights necessary to grant Company the license rights in your Content under these Terms and that your Content complies with applicable laws and regulations. You also represent and warrant that neither your Content, nor your use and provision of your Content to be made available through the Site, nor any use of your Content by Company on or through the Site will infringe, misappropriate, or violate any third party's copyright, patent right, trademark right, trade secret, moral right, rights of publicity or privacy, or other intellectual property right or legal right or result in the violation of any applicable law or regulation.

By providing any Content to or through the Site, you grant to the Company and the Company's related companies, affiliates, licensees, successors, assigns and partners a non-exclusive, royalty-free, transferable, sub-licensable, perpetual, revocable right to use the Content you provided worldwide in all media and platforms, and to reuse, modify, edit, adapt, translate, create derivative works from, distribute, publish, transmit, display, and exhibit such Content for any purpose. In addition, the Company may sublicense such rights to third parties and may freely use them for service operation, marketing, publicity, advertising, promotions, product introduction, service improvement, and other business purposes of the Company. You also agree that your User Content may be treated as non-confidential and non-proprietary and will not be returned to you, except as otherwise described in the Privacy Notice.

In the event you upload any Content to the Site, we have the right to use any such User Content as we, in our sole discretion, see fit without further consent by, or payment to, you including in connection with any of our advertising, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the world. By uploading Content to the Site, you agree to grant Company the right to use your copyright in such Content. We also have all right, title, and interest in any and all results and proceeds from our use of the Content to the extent permissible by law. We have the right to transfer our rights to use the Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.

You agree that even if there is a change in account status, including account conversion, account suspension, termination of service use, or membership withdrawal, the Company may continue to retain, use, expose, and utilize such Content. In addition, with respect to reviews and Content created in the OLIVE YOUNG GLOBAL service by members who have converted their accounts to OLIVE YOUNG US, the Company and the Company's related companies shall have the right to continue to use the Content for relevant services and business purposes. However, after transferring your account from the OLIVE YOUNG GLOBAL to a OLIVE YOUNG US account, you will no longer be able to write reviews for products ordered through the OLIVE YOUNG GLOBAL.

If the Company determines that any of the following grounds exist, it may, without prior notice, delete, modify, move, or restrict the posting of all or part of the Content posted by the user.

where the user posts content that slanders or defames a third party
where the normal operation of the Site is interfered with or service stability is harmed by excessive transmission of information, etc.
where false or misleading information, unrelated advertising information, or spam-like content is posted or distributed
where the Content includes material contrary to public order and good morals
where a third party's intellectual property rights, portrait rights, personal information, or other rights are infringed
where applicable laws, these Terms, or the Company's operating policies are violated
where the Company reasonably determines that the Content is otherwise inappropriate for Site operation

You may request that we delete your User Content according to the terms of our Privacy Notice. Before we may fulfill a request to delete your information, we are required to verify your identity. We will ask you to verify your name, email address, and/or other information we have collected about you. However, we may retain your Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data, it may persist on backup or archival media for an additional period of time.

16. Rejection of Purchase Offer

By placing an order on the Site, you are making an offer to Company. Our acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. The Company or consigned seller (partner company) reserve the right to reject the offer if any of the following applies:

where a purchase offer has been made for a product that is out of stock due to a system error, or where it is confirmed that it is impossible to supply the product within a definite period of time at the purchase application price due to a significant price fluctuation or other change in business circumstance
where there is false information, omission, or error in the offer or payment details, or where it is determined that delivery is impossible because the recipient information is inaccurate
where serious technical problems are expected to occur to the Company if the offer of purchase contract is accepted

We may ask you to verify information you provide before we accept an order, and may reject or limit an order any time after it has been placed. If the Company rejects a purchase offer for any reason, it shall notify you of the reason and, if payment has been received in advance, it shall refund the payment or take measures necessary for refund within 3 business days from the date of receipt of the payment.

17. Product Availability and Information

Products displayed on the Site may be ordered and delivered only within the United States (50 states). For details, please refer to the Shipping Information, which is incorporated by reference as though fully set forth herein.

Products displayed on the Site may also be available for purchase at offline Company stores in the United States. Prices, promotions, and product availability may vary between the Site and offline stores.

All prices displayed on the Site are in United States dollars (USD) and are valid only in the United States.

Reference to any product, service, process, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation.

18. Shipping

Shipping methods, fee, times, and restrictions are available in our Shipping Information, the terms of which are incorporated by reference herein.
We will add applicable shipping and handling fees to your charges, as stated in your order. You agree to pay all shipping and handling charges.
You must provide current, complete, and accurate information for your shipping address. You are responsible for ensuring this information is correct and must promptly update all information to keep your account current, complete, and accurate. You must promptly notify Company if your shipping address has changed. Shipments sent to the address of record are deemed complete upon shipment; we are not responsible for your failure to receive a shipment sent to your address of record in the event you have moved or for any other reason.
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the goods to the third-party shipping carrier. Notwithstanding the transfer of title at the shipping point, applicable sales taxes will be calculated and charged based on your designated shipping address at the time of shipping. The Company is not responsible or liable for any packages lost, damaged, or delayed in transit, or stolen after delivery has been completed. The carrier's official tracking status (e.g., "Delivered") shall serve as proof of delivery and establish the official delivery date.
We reserve the right to reject orders where the stated delivery address is outside the United States.

19. Cancellation and Returns

Cancellation and returns type, responsibility, times, and restrictions are available in our Returns & Exchanges Information, the terms of which are incorporated by reference herein.
This policy operates independently from in-store policies; therefore, cross-platform returns are not available for products purchased at the US Online Store and US stores.
Even after the conclusion of the purchase contract for goods, etc., if it is determined that there is insufficient information for delivery, suspected commercial resale, policy violations, inventory shortages, or that normal performance of the transaction is impossible, the purchase contract may be canceled at the discretion of the Company.
Cancellations are only available while the order is in the "Order Confirmed" status.
Returns are accepted within 30 days of the delivery date. For returns due to customer change of mind or ordering mistakes, products must be unopened, unused, and in their original sealed packaging to be eligible for a refund.
Return requests can be made by submitting a 1:1 inquiry to our Customer Service Center. Please ensure you include all necessary documentation, such as a detailed reason for the return and photos.
Requests based on product defects will be processed after an assessment by a Customer Service representative.
Returns due to customer responsibility will incur additional shipping fees and taxes, which will be deducted from your total refund amount.
Returns may be limited or declined in cases of excessive returns, fraud, or suspected policy abuse. The Company reserves the right to refuse any unauthorized returns sent without completing the Company’s return process or receiving prior approval. Returns and refunds may be denied or delayed if the order number cannot be verified.
Refunds will be processed once the items have been received at our return address, which may take upward of 2 weeks.
Used points and coupons will be restored once the cancellation or return is complete.
Any points earned from the original purchase will be revoked upon return processing.

20. Payment Methods and Billing

Payment methods, amount, billing address verification, cancellation are available in our Billing & Payments Information, the terms of which are incorporated by reference herein.
If you use the Site to purchase a product, your payment method must be successfully authorized and charged for the full order amount prior to our final acceptance and processing of an order. Product sales are subject to sales tax, which will be charged based on the shipping address and applicable state and local tax laws.
We permit the following payment methods:
1. payment by credit card
2. payment using electronic money
3. other electronic payment methods available on the Site at the time of purchase
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information.
By providing a payment method, you represent that you are authorized to use the designated payment method and authorize us (or our third-party payment processor) to charge your payment method for the total purchase amount (including applicable taxes and other charges).
You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect at the time of the order, including all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchases.
We use third-party payment processors for payment processing. By submitting your information, you grant us the authority to provide such information to such third parties in accordance with our Privacy Notice. We are not responsible for errors by the payment processor.
We reserve the right to correct pricing errors or mistakes even if we have already requested or received payment.
If fraudulent, unauthorized, or illegal transactions are suspected, we reserve the right to refuse or cancel the order. We expressly condition acceptance of your order on your agreement to these Terms.
Refunds will be issued back to the original payment method, unless technically or practically infeasible, in which case refunds may be issued via alternative methods at the Company’s sole discretion.

Disclaimer: You are solely responsible for preventing unauthorized access to your account. Our Limitation of Liability, as outlined in our Terms of Use, applies to any damages resulting from such unauthorized access. If you do not agree to these terms, please do not enable the "Keep me signed in" feature or save your payment information.

21. Connection with Other Websites

The Site may contain links to third-party websites or services and advertisements for third-parties including text, pictures, moving images, etc. (collectively, the "Third-Party Sites & Ads").

Such Third-Party Sites & Ads are not under our control and we are not responsible for any Thirty-Party Sites & Ads. We provide these Third-Party Sites & Ads only as a convenience and are not responsible for the content, services, or products on or available from those Third-Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third-Party Sites & Ads.

The inclusion of a hyperlink to Third-Party Sites & Ads does not imply affiliation, endorsement, or adoption by Company of the Third-Party Sites & Ads or any services, products, or information contained therein.

22. Disclaimer of Warranties

EXCEPT IN THE CASE OF PRODUCTS SOLD WITH A WARRANTY OR CONDITION, THE SERVICES AND PRODUCTS PROVIDED FROM THE SITE ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty or condition that the services or products available on the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING ANY SERVICES OR PRODUCTS PROVIDED TO YOU.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WARRANTIES OR CONDITIONS RELATING TO OUR SERVICES, PRODUCTS, OR CONTENT, THESE TERMS, AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASE OF ANY SERVICES OR PRODUCTS VIA THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR SERVICES OR PRODUCTS PURCHASED VIA THE SITE IN THE LAST SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OF LIABILITY. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

23. Limitation and Exemption of Liability

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER COMPANY, OUR AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES OR PRODUCTS ACCESSED ON THE SITE WILL BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY - EVEN OUR OWN ACTIVE OR PASSIVE NEGLIGENCE - ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY SERVICES OR PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OF DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED BY THE SITE; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THESE TERMS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST SIX (6) MONTHS TO COMPANY FOR ANY SERVICES OR PRODUCTS SUPPLIED BY US THROUGH YOUR USE OF THE SITE OR OTHERWISE.

WE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, PLAGUE, OR WAR.

The terms of this section survive any termination of these Terms.

24. Indemnification

You will defend, fully indemnify for all costs, damages, and fees and further hold harmless Company, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys' fees, that arise from or relate to: (i) your access to or use of the Site; (ii) your Content; (iii) your violation of these Terms or any applicable law, including any infringement by you of any intellectual property rights owned by Company or any third party; and (iv) any and all activities that occur under or in connection with your account, Email ID, and/or password for this Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with Company in any investigation and/or litigation concerning the matter.

25. Dispute Resolution (Binding Arbitration and Class Waiver)

Please read this section carefully. It affects your rights.

AGREEMENT TO INDIVIDUAL ARBITRATION AND WAIVER OF JURY TRIAL

If a dispute cannot be resolved through informal negotiations, WE EACH AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO COMPANY'S SERVICES OR PRODUCTS PROVIDED THROUGH THE SITE, THESE TERMS, INCLUDING OUR PRIVACY NOTICE, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF OR THE USE OF THE SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, "DISPUTES") WILL BE SETTLED BY CONFIDENTIAL BINDING INDIVIDUAL ARBITRATION, EXCEPT THAT each party retains the right to: (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an "IP Protection Action") (either of the actions described in the foregoing clauses (i) and (ii) an "Excluded Claim"). Except where prohibited by law, the exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Los Angeles, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL DISPUTES, EXCEPT FOR EXCLUDED CLAIMS, YOU ARE GIVING UP YOUR RIGHTS TO FILE A LAWSUIT IN COURT AND TO A JURY TRIAL. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

WAIVER OF CLASS ACTIONS, CLASS ARBITRATIONS, AND MASS ARBITRATIONS

YOU ACKNOWLEDGE AND AGREE THAT BOTH YOU AND COMPANY MAY PROCEED IN ANY DISPUTE ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR CLASS ARBITRATION. By entering into these Terms, independent of the agreement to arbitrate and waiver of class arbitration, you are giving up the ability to participate in or bring a class action in court for all claims, including but not limited to Excluded Claims. If this waiver of class actions and class arbitrations is deemed unenforceable, neither you nor Company is entitled to arbitration; instead all Disputes will be resolved in court.

Further, unless we both otherwise agree in writing, you and Company waive the right to file any Dispute as part of a Mass Arbitration Filing. A "Mass Arbitration Filing" includes instances in which you or Company are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Company's behalf, and the law firm or collection of law firms seeks to simultaneously arbitrate all arbitration demands. An arbitrator may not arbitrate any Mass Arbitration Filing or consolidate more than one person's claims, and may not otherwise preside over any form of any mass or representative proceeding. If this waiver of Mass Arbitration Filings is held unenforceable, then neither you nor Company is entitled to arbitration; instead all Disputes will be resolved in court, subject to the class action waiver agreement noted above. This "Dispute Resolution" section will survive termination of these Terms.

ARBITRATION RULES

The arbitration will be administered and governed by the Consumer Arbitration Rules and Mediation Procedures of the American Arbitration Associations ("AAA"), whichever is appropriate and in effect at the time the arbitration is initiated (the "AAA Procedures"), which are available at https://www.adr.org/rules-forms-and-fees/consumer/.

Except for Excluded Claims, an arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes relating to Company's services and products, as well as all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, the arbitrability of any claim, as well as any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action. California law applies to any arbitration under these Terms, but we both agree that these Terms should be interpreted and enforced under the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) because they memorialize a transaction in interstate commerce. Except where prohibited by law, the sole jurisdiction and venue for any Excluded Claims or any other Dispute for which arbitration is denied for any reason will be an appropriate federal or state court with proper jurisdiction located in the County of Los Angeles in the State of California.

DISPUTE NOTICE AND ARBITRATION PROCESS

Prior to initiating an arbitration proceeding, you must first send Company a written statement setting forth your name, address, and telephone number, the facts giving rise to the Dispute, and the relief requested ("Dispute Statement"). The Dispute Statement to Company must be emailed to [email protected]. If we are unable to resolve your claim within thirty (30) days, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Procedures.

ARBITRATION LOCATION AND PROCEDURE

Unless the parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then: (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by virtual meeting. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Procedures. Subject to the AAA Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.

ARBITRATOR'S DECISION

The arbitrator's decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Company will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

FEES

We will share in the arbitration fees according AAA Procedures.

TIME LIMIT FOR RESOLVING DISPUTES

The parties agree that any cause of action either may have with respect to the Site or our services, products, and Content must be commenced by submitting a Demand for Arbitration within one (1) year after the day on which the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states' laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are acknowledging the waiver of any such rights you may have and agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to serve and file any Demand for Arbitration under this section, your claim will be barred and you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.

The terms of this Dispute Resolution section survive any termination of these Terms.

RIGHT TO OPT-OUT OR REJECT FUTURE CHANGES TO DISPUTE RESOLUTION SECTION

You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter to Company at CJ Olive Young USA, 300 S Grand Ave Suite 1100, Los Angeles, CA 90071, or by email to [email protected], within thirty (30) days of your first visit to and use of the Site that specifies your: (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this "Dispute Resolution" section will apply to you.

Notwithstanding the provisions of "Changes to Terms of Use" section above, if Company changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may opt out of the updated "Dispute Resolution" section by sending Company written notice (including by email to [email protected]) within thirty (30) days of the date such change became effective, as indicated in the "Revised" date above or in the date of our email to you notifying you of such change. If you reject any updated "Dispute Resolution" section, we will arbitrate any Dispute between you and Company in accordance with the provisions of this "Dispute Resolution" section as of the date you last accepted the "Dispute Resolution" section of these Terms.

26. Governing Law and Jurisdiction

These Terms and any action or proceeding relating thereto shall be governed by and construed in accordance with the laws of the State of California. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.