Terms of Use
Last Updated: March 23, 2026
These Terms of Service (these “Terms”) are a legal agreement between you and Pomp Beauty, Inc. (“Pomp”, “we”, “our”, or “us”) governing your access to and use of the Pomp’s websites (the “Sites”) and the online and offline services further outlined below which Pomp agrees to provide to you in connection with the Sites (collectively, the “Services”), as well as any subscription agreements related to the Pomp Services (each, a “Subscription”) executed by you (“you” or “Professional”) or accepted by you via email, online or in App, and any community guidelines that Pomp may provide, are all considered part of these Terms of Use. These Terms of Use apply to any use of the Pomp Services, whether in connection with a Subscription or free trial. Please read these Terms of Use carefully before using the Pomp Services.
You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving Services Under the laws of the United States or other applicable jurisdictions. To register as a user of the Services on your own behalf you must be 18 years of age or over. If you are under the age of 18 but older than 13, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and that you will only use the Services under your parent’s or legal guardian’s supervision. Additionally, if you are under the age of 18 but older than 13, you will only be permitted to use the Services For so long as Pomp reasonably believes that such access has been consented to by your parent or guardian. If you are under the age of 13, you may not use or access the Sites or Services.
BY TICKING A BOX INDICATING ACCEPTANCE, COMPLETING THE REGISTRATION PROCESS, OR BY OTHERWISE ACCESSING THE SITE OR USING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT YOUR SUBMISSION OF THE CREDIT CARD PAYMENT FORM SERVES AS YOUR AGREEMENT TO THESE TERMS.
In the case of inconsistencies between these Terms and information included in any other materials related to the Sites or the Services(e.g., promotional materials and mailers), these Terms will always govern and take precedence.
1. SERVICES
1.1. Description. The Services consist of the following, without limitation, access to and use of Pomp’s proprietary online platform: for skincare recommendations, ecommerce, virtual skincare consultations and messaging with estheticians and to purchase skin care products recommended by such estheticians. In addition to purchases made through esthetician recommendations, consumers may also shop at their own discretion on the ecommerce platform, purchasing skincare products directly without a consultation or recommendation. Furthermore, licensed estheticians registered with Pomp may also use the platform to purchase skincare products for their own professional or personal use, subject to applicable pricing, terms, and availability.
1.2. Availability. Pomp uses reasonable efforts to ensure that the online features of the Services are available 24 hours a day, 7 days a week. However, there will be occasions when The Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Pomp. Pomp will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Pomp. You agree that Pomp shall not be liable to you for any unavailability, modification, suspension or discontinuance of the Service. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
1.3. Registration. You may access certain online features of the Services through your account on the Sites (your“Account”). In order to register an Account, you must complete an initial onboarding survey for Pomp, invite from your esthetician, or direct account creation. You may log into your Account using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your username,whether or not you have authorized such activities or actions. You Agree that the information that you provide to Pomp about yourself upon registration of your Account, and at all other times, (“Customer Data”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Customer Data to ensure that it remains true, accurate,current and complete. You hereby consent to Pomp’s use of Customer Data for any lawful business purpose and Pomp’s disclosure of Customer Data to its employees, contractors, and other third parties. You may not impersonate any other person or use a username or password that you are not authorized to use. Pomp reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account,you agree to notify Pomp immediately at hello@pompbeauty.com.
1.4. Site License. Subject to these Terms, Pomp grants you a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Sites and Services. This license is exclusive to you and you may not sublicense the use of the Sites. Pomp expressly retains all ownership rights, title and interest in and to all aspects of any software, Services and the Sites, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Sites. You may not modify the Sites, create derivative works of the Sites, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Sites that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Sites. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Sites or displayed by, on, or in the Sites. You may use the Sites only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Sites after any termination or expiration of your agreement to theseTerms for any reason.
2. USER CONTENT AND SUBMISSIONS.
2.1. Copyright in Your Content. In connection with your access to, or use of, the Sites or the Services, you may have the opportunity to upload to the Site certain information, data, text, photographs, graphics, video, messages, or other materials(collectively, “Content”). You hereby consent to Pomp’s Disclosure of Content to third parties. Pomp does not claim ownership rights in any such Content that you make available. By Submitting your Content and accepting the consideration set forth in these Terms, you unconditionally grant to Pomp a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in theContent, to (a) reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content in any medium or format, whether now known or hereafter discovered and (b) exercise any and all other present or future rights in the Content. As between you and Pomp, you remain the owner of all Content that you make available in connection with the Services. You represent and warrant to Pomp that you are the owner of the copyright to the Content or that you have written permission from the copyright owner to use such Content. In Addition, you warrant that all moral rights in any Content have been waived. You agree to indemnify and hold Pomp harmless for any violation of this provision.
2.2. Review of Content and Materials. While Pomp does not and cannot review all material on the Sites, and is not responsible for its content, Pomp reserves the right to review all Content and remove, delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. You hereby provide your irrevocable consent to such monitoring and review. In addition, you acknowledge and agree that you have no expectation of privacy concerning the transmission of your Content, including without limitation chat, text, or voice communications. Pomp will not be liable for the Content of any submission.
3. PRICING AND PAYMENT.
You agree to pay Pomp in advance the applicable fees for the products sold by Pomp on the Sites. All prices for products sold by Pomp on the Sites are subject to change without notice. Pomp will bill your credit card for all such fees. You will provide Pomp with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Pomp Reserves the right to terminate your use of the Services and your access to the Sites in addition to seeking any other legal remedies.Your agreement with your credit card or other payment provider governs your use of the designated credit card and payment provider account, and you must refer to that agreement and not these Terms to determine your rights and liabilities. By providing Pomp with your credit card number or payment provider account and associated payment information, you agree that Pomp is authorized to immediately invoice and charge your Account for all fees and charges due and payable to Pomp for products hereunder and that no additional notice or consent is required. Pomp is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Pomp. All fees will be paid in U.S. dollars and are due as set forth on the Sites. Prices for products posted on the Sites do not include taxes,levies, duties or charges for shipping and handling. You will be responsible for payment of all such taxes, levies, or duties(excluding only United States (federal or state) taxes based solely on Pomp’s income) and other charges. Except as otherwise provided in this Section, Pomp’s other Services are initially made available without charge, however, Pomp reserves the right to charge for theServices, or any component thereof. Any fees for the Services will be posted on the Sites. You acknowledge that Pomp uses Stripe fortis payment processing services and hereby consent to Stripe and its affiliates processing such transactions on behalf of Pomp.
Fees for the Subscription (“Subscription Fees”) are set forth herein, online and/or in a separate Subscription agreement entered into between you and Pomp. You agree to pay Pomp the Subscription Fees and any other applicable fees that are agreed to by you. All fees paid to Pomp are non-refundable and non-transferable with the exception of those explicitly provided for in these Terms of Use. Unless otherwise stated, fees will be collected and must be paid for in advance of each billing period.
By accepting these Terms of Use, you authorize Pomp to confirm that the credit card account or any other payment method associated with your Account and used for the Pomp Services is in good standing with a financial institution for the term of your use of the Pomp Services. Pomp maintains the authority to obtain credit reports or run other background inquiries to assess the Professional’s eligibility to continue usage of the Pomp Services. All balances, fees, charges and payments collected or paid in connection with the Pomp Services are denominated in USD. Users of the Pomp Services are liable for any taxes (if applicable, including VAT), required to be paid on the Pomp Services provided for in this agreement.
Billing Cycle
Your Subscription to the Pomp Services commences on the date that you sign up for a Subscription. Unless otherwise stated at the time of sign up, each Subscription runs on a one- month cycle (“Subscription Period”) and will automatically renew monthly until you notify Pomp via the Pomp Services or by email to estheticians@pompbeauty.com of your decision to terminate or unless we otherwise terminate the Subscription. You will be billed on the monthly anniversary of the date during which your Subscription first began. For example, if your Subscription begins on April 29th, it will renew on May 29th, June 29th, and so on. If your Subscription begins on a date that is not present in every billing cycle (e.g. the 31st), you will be billed on the last day of every month. Pomp may change the timing of our billing and we reserve the right to modify the schedule at which you will be billed. The amount billed to you each month may vary due to promotional offers and/or changing your Subscription plan and you acknowledge these variations and authorize Pomp to bill you as necessary.
Subscription Pricing
Pomp reserves the right to adjust the Subscription pricing at any time and for any reason upon fourteen (14) days prior notice. Unless otherwise stated, any price change to the Subscription and your membership will be in effect on your next billing cycle. To continue to use the Pomp Services, you must agree to any change in fees. If you do not agree to any change in fees, you must cancel your account by following the appropriate cancellation policies or notifying estheticians@pompbeauty.com. You acknowledge that Pomp reserves the right to garner feedback as to why you are canceling your account.
Trials
Pomp may offer trial memberships for varying lengths which may include free or discounted access to the Subscription during such trial periods. Pomp reserves the right to end the availability of trial memberships at any time and for any reason. After the trial period, you acknowledge that your membership will automatically convert to a regular monthly Subscription at the provided price unless canceled at least 48 hours prior to the end of your trial period. You may cancel your Subscription by following the appropriate cancellation procedures within the Pomp Services or contacting estheticians@pompbeauty.com. You acknowledge that Pomp reserves the right to garner feedback as to why you are canceling your account.
Subscription Cancellation
You may cancel your Subscription at any time. If you choose to cancel with more than 48 hours notice prior to your next billing cycle, you will not be charged for the ensuing month of the Subscription. For any questions related to your individual billing cycle, please log onto your account to view your billing cycle information or contact us at estheticians@pompbeauty.com. You acknowledge that you are ineligible for a pro-rated refund or any amount of the Subscription Fees paid for the then-current monthly subscription cycle at which you cancel. After canceling, you will only have access to the Pomp Services through the end of your current billing cycle.
Other Pomp Fees
Pomp may offer services for an additional fee that may help Professionals grow their business and facilitate deeper connection and interaction between a Professional and his/her Clients.
4. ORDER ACCEPTANCE: RETURNS.
You acknowledge that your order for products on the Site is an offer to buy such products under these Terms. By placing an order for products on the Site, you authorize All orders must be accepted byPomp or we will not be obligated to sell the products to you. Your receipt of an electronic or other form of order confirmation for products sold on the Sites does not signify Pomp’s acceptance of your order, nor does it constitute confirmation of our offer to sell you such products. Pomp reserves the right at any time after receipt of your order to accept or decline your order for products for any reason. Pomp further reserves the right any time after receipt of your order for products, without prior notice to you, to supply less than the quantity you ordered of any product. Your order will be deemed accepted by Pomp upon delivery of the products that you have ordered. Pomp may require additional verifications or information before accepting any order for products. All sales of products are subject to Pomp’s then-current return policies, as posted on the Sites.
5. TITLE AND RISK OF LOSS.
All sales of products are made Ex Works (Incoterms 2020) Pomp’s Designated point of shipment, and title and risk of loss to each shipment of products shall pass to you when Pomp (or its third party supplier) makes such shipment available to the carrier.
MANUFACTURER’S WARRANTY AND DISCLAIMERS.
Pomp does not manufacture or control any of the products on our Sites. The availability of products through our Sites does not indicate an affiliation with or endorsement of any such product or manufacturer. Accordingly, Pomp does not provide any warranties with respect to the products offered on our Sites. If such products are covered by a manufacturer’s warranty, please follow the instructions in the manufacturer’s warranty to obtain warranty service from the manufacturer.
7. THIRD PARTY SOFTWARE AND LINKING.
Although we may make software, hyperlinks, applications, advertisements, and other products of third-party companies available to you (collectively, “Third-Party Products), your use of such Third-Party Products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. Pomp is not responsible for anyThird-Party Products. Access to and use of any Third-Party Products at your own risk and is solely determined by the Relevant Third-Party Product provider and is subject to such additional terms and conditions applicable to such Third-Party Product. When you click on a link to a Third-Party Product, we will not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website or destination. Pomp makes no warranty with regard to the products or websites of another entity. Pomp has no control over the content or availability of any third-party software or website. In particular, (a) Pomp Makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) it is your responsibility to become familiar with any web site’s privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
8. SUSPENSION AND TERMINATION.
Pomp reserves the right to suspend or terminate your access to and use of the Sites and Services, at any time, without notice, for any reason, including but not limited to (a) your breach of these Terms,or any other policies or guidelines set forth by Pomp, or (b) Conduct that Pomp believes is harmful to other users of the Sites or Services, or the business of Pomp or other third party information providers. Further, you agree that Pomp shall not be liable to you or any third party for any termination of your access to the Sites Or Services. Pomp reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Pomp shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
9. PRIVACY.
Pomp respects the privacy of its users. Pomp collects, uses, and discloses information about you in accordance with the Pomp Privacy Policy, which can be viewed by clicking on the “Privacy Policy” link that appears at the bottom of each page of this Site or by Visiting www.pompbeauty.com/privacy-policy (“Privacy Policy”) and you hereby consent to Pomp’s use of such information in accordance with our Privacy Policy. You understand and agree that, notwithstanding any measures taken to prevent unauthorized disclosure, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to confidential information. Accordingly, Pomp cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the Internet.
9.1 DATA INTEGRATIONS, CLIENT IMPORTS, AND PERMITTED USE OF DATA
In connection with the Services, Pomp may enable Professionals to integrate with third-party systems (including but not limited to booking platforms, point-of-sale systems, and other software tools) or to upload, sync, or otherwise import client data through application programming interfaces (“APIs”) or other permitted methods (collectively, “Integrations”).
Use of Imported Data.
Data obtained through Integrations or bulk client imports (including client names, contact information, appointment history, or related data) (“Imported Client Data”) is used solely to enable Professionals to operate their business within the Pomp platform, including but not limited to:
managing client relationships,
creating and delivering personalized skincare recommendations and routines, and
inviting clients to join Pomp and access such recommendations.
No Marketing Use Without Consent.
Pomp does not use Imported Client Data for its own independent marketing or promotional purposes unless the applicable client and/or Professional has expressly opted in to receive such communications. Any marketing communications sent by Pomp on behalf of a Professional will be subject to applicable consent and opt-in requirements under applicable laws.
Client Invitation and Account Creation.
Clients imported into the platform do not automatically become Pomp users. Clients must independently accept an invitation and create an account in order to access the Services. During account creation, clients are provided the opportunity to review applicable terms and provide or withhold consent for communications and data usage.
Professional Responsibility.
You represent and warrant that you have all necessary rights, permissions, and legal bases to share and import any client data into the Services, including compliance with applicable privacy, data protection, and marketing laws (including, where applicable, obtaining consent from your clients). You agree that you are solely responsible for the accuracy, legality, and appropriateness of any Imported Client Data.
Third-Party Integrations.
Pomp is not responsible for the data practices of third-party systems connected via Integrations. Your use of such third-party services remains subject to their respective terms and privacy policies.
10. NO MEDICAL ADVICE.
In connection with the Service, estheticians will give you certain recommendations for skin care based upon your Content and Customer Data. You acknowledge that all recommendations, input, and other information obtained in connection with the Service are for informational purposes only and have not been evaluated or approved by the U.S. Food and Drug Administration or any other regulatory agency. The Sites and the Services are not a substitute for any medical advice provided by your physician, and you should not use the Sites or Services for preventing, diagnosing or treating a health problem, disease, or condition. Your skin care decisions are your sole responsibility. Pomp representatives and estheticians are not trained medical professionals and do not give medical advice. If You may have a health condition, including, without limitation, dermatological condition, you should seek prompt medical attention. If you believe the recommendations you are following or the products that you purchased through the Sites are causing you harm, you should stop immediately and seek medical attention.
11. DISCLAIMER OF WARRANTY.
THE SERVICES AND ANY PRODUCTS AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. POMP EXPRESSLY DISCLAIMS ALL WARRANTIES,WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, ADVICE AND RECOMMENDATIONS BY ESTHETICIANS THROUGH THE SERVICE, PRODUCTS RECOMMENDED AND/OR SOLD ON THE SITES, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISINGFROM COURSE OF DEALING OR COURSE OF PERFORMANCE. POMP MAKES NO WARRANTY THAT THE SITES OR THE SERVICES WILL BE UNINTERRUPTED,TIMELY, SECURE OR ERROR FREE, THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITES, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS, OR THAT THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SITES WILL MEET YOUR REQUIREMENTS OR ACHIEVE YOUR INTENDED RESULTS. POMP MAKES NO WARRANTY REGARDING ANY SOFTWARE,GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITES OR ADVERTISED THROUGH THE SITES. NO ADVICE OR INFORMATION GIVEN BY pomp, ITS EMPLOYEES, CONTRACTORS (INCLUDING, BUT NOT LIMITED TO, ESTHETICIANS) OR AFFILIATES WILL CREATE A WARRANTY.
12. RULES OF CONDUCT.
12.1. Distribution of Content. You agree that you will not distribute any Content that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity; (b) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (c) infringes or violates any right of a third party including any copyright, patent, trademark, trade secret or other proprietary or contractual rights, right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity, or any confidentiality obligation; (d) is commercial, business-related advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (e) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sites; (f) does not generally pertain to the designated topic or theme of the Sites; or (h) is antisocial, disruptive, or destructive, including“flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
12.2. Use of the Services. You expressly agree that you are solely responsible for any and all acts and omissions that occur under your Account or password, and you agree not to engage in any unacceptable uses of the Services, which include, without limitation, use of the Services to:
(a) register for the Sites and the Services if you have not acknowledged reading and agreed To abide by these Terms and the Privacy Policy; (b) interfere, disruptor attempt to gain unauthorized access to other accounts on theSites or any other computer network; (c) use the Sites or the Services in connection with any commercial endeavors without our prior written consent; (d) post or give out any financial information or transmit electronically or physically any money to other users; (e) create user accounts by automated means or under fraudulent or false pretenses; (f) create or transmit unsolicited electronic communications such as spam to users or promote any products or services; (g) harass, threaten or intentionally embarrass or cause harm or distress to another person or group; (h)collect and publish any information about any of our users; (i)adapt, modify or reverse engineer any portion of the Services or theSites; (j) use any spider, robot, retrieval application, or any other device to retrieve any portion of the Sites; (k) disseminate, store or transmit viruses, worms, trojan horses or other malicious code or program; (l) encourage conduct that would constitute a criminal or civil offense; (m) violate any applicable federal, state, local or international law or regulation; (n) exploit any person, including but not limited to exploiting any child under 18years of age; (o) invade the privacy of any person, including but not limited to submitting personally identifying or otherwise-private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age); (p)submit false or misleading information to Pomp, the Sites or other users; or (q) engage in any other activity deemed by Pomp to be in conflict with the spirit of these Terms and the Privacy Policy.
12.3. Membership. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conductor any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You are solely responsible for your interactions with other users of the Site and Service and any other parties with whom you interact with through the Service; provided, however, that Pomp reserves the right, but has no obligation, to intercede in any disputes between you and such third party. You agree that Pomp will not be responsible for any liability incurred as the result of such interactions
13. PROPRIETARY AND PRIVACY PROTECTION FOR OTHER USERS CONTENT ON THE SITES.
Pomp hereby notifies you that all the information, content, image files, software and materials on the Sites may be protected by U.S.and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. Pomp is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on theSites. Pomp has the absolute right to terminate your account or exclude you from any Site if you use our Services to violate the intellectual property rights or other rights of third parties. You Agree to indemnify and hold Pomp harmless for any violation of this provision.
14. INDEMNITY; LIMITATION OF LIABILITY.
14.1. You agree to indemnify, and hold Pomp, its officers,directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (a) your access to or use of theSites or Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; or (d) any claim that your use of the Sites or Services caused damage to a third party.
14.2. YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITES OR SERVICES AND ANY RELIANCE UPON EITHER, INCLUDING, BUT NOT LIMITED TO, THE ADVICE AND RECOMMENDATIONS PROVIDED BY ESTHETICIANS AND USE OF ANY PRODUCTS SOLD THROUGH THE SITE IS AT YOUR SOLE RISK,THAT POMP WILL NOT BE LIABLE FOR ANY NEGATIVE CONSEQUENCES RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO BODILY HARM THAT RESULTS FROM ESTHETICIAN RECOMMENDATIONS, PRODUCTS PURCHASED THROUGH THE SITES, SKIN SENSITIVITIES, OR MEDICAL CONDITIONS, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL POMP BE LIABLE FOR ANY INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF POMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITES, PRODUCTS SOLD ON THE SITE, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO CONSULTATIONS WITH ESTHETICIANS THROUGH THE SERVICE, FROM ANY CHANGES TO THE SITES OR THE SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE,PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
14.3. OTHER THAN POMP’S RETURN POLICY FOR PRODUCTS POSTED ON THE SITE, IF YOU ARE DISSATISFIED WITH THE SITES, THE PRODUCTS, OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL POMP HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES, THE PRODUCTS, AND THE SERVICES. THE TOTAL LIABILITY OF POMP TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITES, THE PRODUCTS, OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES AND PRODUCTS PURCHASED THROUGH THE SITE, IF ANY, DURING THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO LIABILITY. IT IS THE INTENTION OF YOU AND POMP THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
14.4. . SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. GENERAL.
15.1. Modifications.
Pomp may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Sites Or Services after the “Last Updated” date at the top of these Terms. If you have created an Account, we shall notify you of any material changes to these Terms by email sent to the address you have provided to Pomp for your Account. Your continued access to or use of the Sites or Services after the modifications have become effective will be deemed your conclusive acceptance of the modifiedTerms. If you do not agree with the modifications, do not access or use the Sites or Services.
15.2. Electronic Communications.
The communications between you and Pomp may take place via electronic means, whether you visit the Sites or send Pomp e-mails,or whether Pomp posts notices on the Sites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Pomp in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that pomp provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
15.3. Text Messaging Services.
Without limiting the foregoing, we may offer communications via calls, SMS text messages or similar technology subject to our receipt of any consents from you required by applicable law. These Communications may be sent or initiated by Pomp or any of its consultants or other service providers, such as when estheticians communicate with you in advance of a consultation. Message and data rates may apply. Message frequency may vary according to how you interact with our Sites and Services.To stop receiving text messages from Pomp, reply STOP to any message you receive from Pomp.You agree we may send you a message to confirm your receipt of your STOP request. You can also opt-out of Pomp text messages by emailing your request and mobile telephone number to hello@pompbeauty.com. If you want to join again, just sign up as you did the first time and we will start sending text messages to you again. You Acknowledge and agree that our Site and Services may not recognize and respond to texts unsubscribe requests that do not include the STOP keyword and agree that Pomp will have no liability for failing to honor such requests. For assistance with any text message issues,you can also contact our customer assistance team by emailing us athello@pompbeauty.com.Not all mobile devices may be supported and text messaging may not be available in all areas. Pomp and the mobile carriers supported through our Services are not liable for delayed or undelivered text messages, text messages delivered to the wrong number, or inaccurate or incomplete content in a text message. We are not liable for your use or reliance on the content of any text message. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
15.4. Applicable Law and Dispute Resolution.
These Terms shall be governed by the laws of the State of Colorado Without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Pomp has not adhered to these Terms, please contact us by e-mail at hello@pompbeauty.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Pomp are unable to reach a resolution to the dispute, you and Pomp will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and Pomp agree that any arbitration will be limited to the dispute between Pomp and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND POMP ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pomp otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of theSites or the Services or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.
15.5. No Resale of Services.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services,use of the Services, or access to the Services.
15.6. Independent Contractors.
No joint venture, partnership, employment, or agency relationship exists between you and Pomp as a result of these Terms or use of theSites or the Services.
15.7. Enforcement.
If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
15.8. Force Majeure.
Pomp will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes,shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Pomp’s reasonable control.
15.9. Waiver.
The failure of Pomp to enforce any right or provision in these Terms Will not constitute a waiver of such right or provision unless acknowledged and agreed to by Pomp in writing.
15.10. Construction.
The headings of Sections of these Terms are for convenience and are not to be used in interpretation.
15.11. Contact.
Pomp is located in Denver, CO, USA. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By Email: privacy@pompbeauty.com
By Postal Mail:
Pomp Beauty, Inc.
1695 S Saint Paul St
Denver, CO 80210
15.12. Entire Agreement.
These Terms constitute the entire agreement between you and Pomp and govern your use of the Sites and the Services, superseding any prior agreements between you and Pomp. The failure of Pomp to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms Is found by a court of competent jurisdiction to be invalid, you andPomp nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.