Terms of Service

LAST UPDATED: January 4, 2021

Hello Beautiful!  TooD LLC (“TooD,” “us,” “our,” or “we”) created these Terms of Service (the “Terms”) for you to explain the rules that apply when you use the website located at https://www.toodbeauty.com/ and TooD-controlled social media pages (“Service”). By using the Service, you agree to the following:

1. You Agree to the Terms.
You acknowledge that you accept these Terms and TooD’s Privacy Policy (https://toodbeauty.com/privacy-policy) (incorporated into these Terms by reference).  If you don’t agree with the Terms, then you may not use the Service.  We reserve the right in our sole discretion to change, modify, add or delete portions of the Terms and the Privacy Policy at any time without notice, but will post the updated Terms to our website.  Your continued use of the Service is your acceptance of the Terms.

2. License and Restrictions.
We want you to use the Service, so we grant you a limited license to use the Service for your personal use only. However, you may not use the Service in any way that interferes with our ownership rights in the Service, and we may terminate your access to the Service if you are in breach of this Section. The following activities may terminate your access to the Service: 

(a) Commercially exploiting the Service;

(a) Making a copy of the Service or any portion of the Service, except as allowed under these Terms;

(b) Making a copy of the Service, or any portion of the Service, publicly available or available on a network for use or download by multiple users;

(c) Using any data mining tools or automation tools such as spiders, scrapers, crawlers, scripts, bots, or any other automated or manual method or process to access, retrieve, index, or reproduce the Service or its contents;

(d) Reverse engineering, decompiling, disassembling, translating, preparing derivative works based on or otherwise modifying the Service, in whole or in part;

(e) Removing, obscuring or modifying any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Service, falsifying or deleting any author attributions, legal notices or other labels of the origin or source of the material;

(f) Misrepresenting the source of ownership of the Service; and

(g) Conducting any other activity that might be considered illegal or tortious.  This includes, without limitation, “hacking” the Service, infringing the intellectual property or other rights of third parties, modifying, altering, translating, reverse engineering, decompiling or disassembling the Service or related documentation or creating derivative works based on the Service.

3. Third Party Products and Service.
We may offer third-party products/services through the Service. If you use any of these third-party products or services, you assume all risks and liabilities. We may also link to other websites. We have no control over these external websites and will not be liable for any content, advertising, products, or other materials on or available from those external websites. Third parties should have their own terms of service and privacy policies, so be sure to check those out. TooD’s online store (“Store”) is hosted by Shopify Inc. and they provide us with the online e-commerce platform that allows us to sell our products and services to you. In order to make a purchase you will need to provide personal information, which is collected by Shopify. To understand how Shopify uses your information, please review our Privacy Policy.

4. Creating an Account.
Portions of the Service allow you to create an account with TooD (“Account”). To create an Account, you will need to provide us with your email address and name. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur through your Account. You will notify us immediately of any unauthorized use of your Account or any other breach of security. TooD will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by TooD or another party due to someone else using your Account or password. You may not use anyone else's Account at any time, without the permission of the Account holder.

5. Purchasing on TooD Beauty

(a) The Services give you the opportunity to purchase TooD products directly through our website.  We have made every effort to display as accurately as possible the colors and images of our products that appear at the Store.

(b) To make a purchase you will need to provide your name, address, and payment information.  This information is processed by Shopify and not retained by TooD. You can save this information for faster checkout for your future purchases.

(c) We have the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We also reserve the right to discontinue any product at any time.

(d) We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

(e) You agree to provide current, complete and accurate purchase and account information for all purchases made at our Store.

6. Return Policy.
We hope you love your TooD products, and that you always have a great experience with our brand. Should you have any issue, we would love to hear from you so we can make it right. However, due to the ongoing COVID-19 pandemic, and in the interest of keeping everyone safe and healthy, TooD is not currently accepting any returns. If you’d like to get in touch with us about an order, we request that you reach out within 30 days of purchase in order to receive priority attention. If 30 days have passed since your purchase, unfortunately we will be less able to remediate the issue.

To get in touch about an order, please email us at support@toodbeauty.com with the following information:
Your Order Number in the subject line
Customer’s Name
Description of your issue
Any images/attachments if relevant (optional)

7. User Content.

(a) The Service may allow you to create content and data, including, but not limited to, comments and messages (“Content”). By way of example, if we post blog articles on the Website, you may have the option to post public comments to those blog articles. You must have all necessary rights and permissions to distribute the Content on the Service. In addition, you must not share, post, and distribute content that is harmful and disruptive, or content that will cause harm if disclosed including, without limitation:

i. Content containing or promoting racism, hate speech, violence, and illegal activity;
ii. Spam, unauthorized advertising, and other forms of solicitation;
iii. Content intended to disparage, defame, abuse, intimidate, bully, threaten, or otherwise harass other people; and
iv. Others’ personal information or any other information that you do not have the permission to disclose.

(b) Although we want all users to comply with all Content requirements, we do not have any obligation to monitor and review Content for compliance. However, if we do see Content that violates these rules or if we simply think that User Content is not appropriate for the Service, we may, at our sole discretion, either restrict publication, or remove or edit the Content without letting you know ahead of time, or we may terminate your ability to submit Content. If you see Content that violates these Terms, please let us know at hello@toodbeauty.com.

(c) In exchange for your use of the Service, you grant TooD an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your Content in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means, whether now known or unknown and distribute your Content without any notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you waive any moral rights of paternity, publication, reputation, or attribution with respect to TooD’s use of such Content and data in connection with the Service and related goods and services under applicable law. This license grants to TooD, and the above waiver of any applicable moral rights, survives any termination of this license.

8. Stay Connected.
In order to access and use the Service, you need to have and maintain adequate internet connection.  You are fully responsible for obtaining and maintaining internet access.

9. Ownership.
TooD retains all right, title and interest in and to the Service and all related patent, copyright, trademark, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right (“Rights”).  If you provide us with feedback regarding any aspect of the Service, TooD will own all rights in and to such feedback and any derivative products or services developed from the feedback.

10. How We Use Your Personal Information.
For information on how we use your personal information while you use the Service, please check out our Privacy Policy, which can be found HERE.

11. NO WARRANTIES AND LIMITATION OF LIABILITY.

(a) WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICE FOR YOUR PURPOSES, OR THAT THE USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.

(b) THE SERVICE IS PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS OR PRODUCTS AND SERVICES AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

(c) WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. Indemnity.
You will indemnify, defend and hold TooD, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your acts or your failure to act when using the Service.

13. Termination.
We hope it never comes to this, but if you fail to comply with these Terms, we will be forced to cancel your Account. On the other hand, if you want to cancel your Account send us an email at the address below and let us know to cancel your Account.

14. Waiver of Class-Wide Proceedings.
You agree that, by entering into these Terms, you and we are each waiving the right to participate in a class action. Each party to these Terms agrees and covenants that it will not initiate any class-wide proceedings, including class actions, against another party, and will not act as a class representative or class member. This provision constitutes an agreement that any dispute will be resolved exclusively on a bilateral basis between the parties, with each party acting in their individual capacity.

15. General.

(a) Governing Law. These Terms are governed by the laws of New York, without regard to choice of law provisions, and you consent to the exclusive jurisdiction and venue of the state and federal courts in the state of New York.

(b) Attorneys’ Fees. If any suit or action is instituted to enforce these Terms, the prevailing party will recover from the losing party all fees, costs, and expenses, including, without limitation, all fees, costs, and expenses for appeals and for attorneys and accountants, for enforcing its rights under these Terms.

(c) Immediate Harm. If you breach these Terms, you may cause us immediate and irreparable harm and TooD will be entitled to seek injunctive relief without the necessity of posting bond. 

(d) Our Relationship. You and TooD are independent parties and nothing in these Terms creates an employment or agent relationship.

(e) Severability. If any provision of the Terms is held unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances.

(f) Assignment. The licenses we grant to you are for you and you alone. You may not transfer or assign these Terms or licenses without TooD’s express written consent.

(g) Section Headings. The section headings in the Terms are for reference purposes only and do not in any way affect the meaning or interpretation of the Terms.

(h) Waiver. The failure of either you or us to enforce any right or provision in the Terms will not constitute a waiver of such right or provision.  
(i) Entire Agreement. The Terms and the Privacy Policy are the complete and final agreement between us regarding your use of the Service.

16. Our Contact Information.
If you have questions regarding the Terms, please contact us at: hello@toodbeauty.com