Welcome to www.bareescentuals.com. Your use of the web sites on which these terms reside (the "Site"), and the features at this Site are subject to these Terms of Use, which we may update from time to time. Please read these Terms of Use carefully before using this Site. The Site is owned or controlled by Bare Escentuals Beauty, Inc. ("Bare Escentuals"). This Site is intended for and applicable only for residents of the United States. If you are from another jurisdiction, you should not use this Site. By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Bare Escentuals, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the "Terms").

From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Bare Escentuals may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. Bare Escentuals may discontinue or terminate your ability to access the Site or any content you may have posted on the Site at any time.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR ANY REVISIONS, PLEASE DO NOT ACCESS THIS SITE.

PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE.

Content on this Site that is provided by Bare Escentuals, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Bare Escentuals Content") is the property of Bare Escentuals, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Bare Escentuals Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Bare Escentuals, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Bare Escentuals, that dilutes the strength of Bare Escentuals’ property, or that otherwise infringes Bare Escentuals’ intellectual property rights. You further agree to in no other way misuse any Bare Escentuals Content or User Content that appears on this Site.

From time to time on certain areas of our Site you may be able to submit your name, photos, tips, advice, testimonials, essays/stories and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Bare Escentuals; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Bare Escentuals, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us (if any), or other access to the Site or features therein. Bare Escentuals may cancel your account and delete all User Content associated with your account (if any) at any time, and without notice, if Bare Escentuals deems that you have violated these Terms, the law, or for any other reason. Bare Escentuals reserves the right to permanently restrict access to the Site or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Bare Escentuals a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

By posting on the Bare Escentuals Facebook page, you acknowledge that when you post others users may share your posts, including images, through various social media platforms.

You agree to indemnify and hold Bare Escentuals, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms,including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Bare Escentuals or this Site. THIS PROVISION APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM USE OF THE WEBSITE AND/OR ITS CONTENT, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD .

You acknowledge and agree that Bare Escentuals will not have any obligation to review, monitor, display, accept or exploit any User Content and Bare Escentuals may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice. You will not receive any additional consideration or compensation for your User Content or for our exploitation of your User Content. To the fullest of the extent of the law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

BARE ESCENTUALS DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), ECONOMIC INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM THE USE OF USER CONTENT PROVIDED THROUGH THIS SITE. THIS PROVISION APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE WEBSITE AND/OR ITS CONTENT, AND DOES NOT APPLY TO PERSON INJURY OR ANY INJURY CAUSED BY FRAUD.

Bare Escentuals makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Bare Escentuals makes no representations regarding the amount of time that any Bare Escentuals Content or User Content will be preserved.

Bare Escentuals does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Bare Escentuals without the prior review and written approval of Bare Escentuals.

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN.

UNDER NO CIRCUMSTANCES, SHALL BARE ESCENTUALS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL BARE ESCENTUALS BE RESPONSIBLE FOR ANY ECONOMIC DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND BARE ESCENTUALS’ REASONABLE CONTROL. BARE ESCENTUALS, ITS AFFILIATES AND AGENTS SHALL NOT BE LIABLE FOR ANY ECONOMIC DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF BARE ESCENTUALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THIS PROVISION APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM USE OF THE WEBSITE AND/OR ITS CONTENT, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD.

If you are a trademark or copyright owner and you believe that your copyright or trademark rights have been violated by content posted on this Site, please contact Bare Escentuals’ agent for notice of claims of copyright infringement, who can be reached at legal@bareescentuals.com.  You must provide our agent with the following information:

(1) a specific description of the material that you believe infringes your work, with enough detail so that we may locate it on the Site;

(2) your address, telephone number and email address;

(3) a statement that you have a good faith belief that the disputed use is not authorized bythe copyright owner, its agent, or the law;

(4) a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and

(5) your physical or electronic signature.

Upon receiving your complaint, Bare Escentuals may remove the content that you allege is infringing your rights.

This Site may hyperlink to sites not maintained by or related to Bare Escentuals. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Bare Escentuals, and Bare Escentuals makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and Bare Escentuals has no control over how your information is collected, used, or otherwise handled.

Please read our Terms and Conditions for more information about our FAB Friends and Benefits Relationship Program.

If a dispute should arise between you and Bare Escentuals regarding the use of this website, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by contacting our customer service by email at customerservice@bareminerals.com or by phone at (888) 795-4747. If your dispute cannot be resolved using our customer service team, these Terms of Use describe how we shall proceed with the resolution of the dispute.

AGREEMENT TO ARBITRATE DISPUTES

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.

THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Bare Escentuals agree to resolve any claims relating to these Terms of Use through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Bare Escentuals’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Bare Escentuals may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Bare Escentuals must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Bare Escentuals will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Bare Escentuals will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New York county, or any other location we mutually agree to, subject to New York law. The arbitrator may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Bare Escentuals, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Bare Escentuals. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Bare Escentuals in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BARE ESCENTUALS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Bare Escentuals at adroptout@bareescentuals.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms and Conditions and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms and Conditions. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

CHOICE OF LAW/FORUM SELECTION.

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in New York County, New York, or (ii) the United State District Court for the Southern District of New York.

No Partnership

Both you and Bare Escentuals acknowledge and agree that no partnership is formed and neither of you nor Bare Escentuals has the power or the authority to obligate or bind the other.

Privacy Policy

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

No Breach of Terms

The failure of Bare Escentuals to comply with these Terms because of an act of God, war, fire, riot,terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Bare Escentuals, shall not be deemed a breach of these Terms.

No Waiver

If Bare Escentuals fails to act with respect to your breach or anyone else's breach on any occasion, Bare Escentuals is not waiving its right to act with respect to future or similar breaches.

Severability

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.

Binding Agreement

These Terms constitute a binding agreement between you and Bare Escentuals, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Bare Escentuals regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

bareMinerals Club

There is no minimum purchase required, and you can change or cancel your automatic shipments at any time online or with a toll-free call to customer service at 1-866-214-0702. Product pricing, product offerings and product bundles are subject to change without notice. The bareMinerals Club and the product offerings and product bundles sold through the Club may be cancelled and/or discontinued at any time by bareMinerals without notice. These terms and conditions may be changed at any time without notice.

bareMinerals Eye Club

There is no minimum purchase required, and you can change or cancel your automatic shipments at any time online or with a toll-free call to customer service at 1-866-214-0702. Product pricing, product offerings and product bundles are subject to change without notice. The bareMinerals Eye Club and the product offerings and product bundles sold through the Eye Club may be cancelled and/or discontinued at any time by bareMinerals without notice. These terms and conditions may be changed at any time without notice.

Auto-Delivery

There is no minimum purchase required, and you can change or cancel your automatic shipments at any time online or with a toll-free call to customer service at 1-866-214-0702. Product pricing and product offerings are subject to change without notice. Auto Delivery product offerings may be cancelled and/or discontinued at any time by bareMinerals without notice. These terms and conditions may be changed at any time without notice.