Acceptance of Terms Through Use
We welcome you to browse our Site, but want you to know that your access to, and use of, the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions. IF YOU ARE USING THE SITE WITHIN A COMPANY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND YOU ACKNOWLEDGE THAT THE RIGHTS TO USE THE SITE WHICH ARE GRANTED TO YOU AND THE COMPANY UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL OF THE COMPANY. We will have the right at any time to modify or add to these Terms and Conditions, effective immediately upon notice thereof, which may be given by any means, including but not limited to posting on the Site a revised version of these Terms and Conditions. If any such change is unacceptable to you, you may discontinue your use of the Site. You agree to periodically review the Terms and Conditions to be aware of such revisions. Your use of the Site may also be subject to additional or different terms or conditions imposed by third party content providers in connection with third party content, products or services accessible through the Site.
Links to Third Party Sites & Services
The Site contains materials which is protected, nationally and internationally, by copyright and/or trademark laws. No material (including without limitation the text, images, audio and or video from http://www.coverfx.com or any Website owned, operated licensed or controlled by us and/or our affiliates and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of only such Material which is expressly so designated, and in such event only on any single computer for your personal non- commercial home or school use only provided you keep intact any and all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of our and/or one or more third party's copyright, trademark and/or other proprietary rights. The use of any such Materials on any other Website or networked computer environment is prohibited without our express written consent. If you download software from the Site, the software, including any files and or images incorporated in or generated by the software, and data accompanying the software (collectively the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
You agree to use the Site or its contents for lawful purposes and only as expressly permitted in these Terms and Conditions and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for noncommercial use only, provided you do not delete or change any of the information, including copyright or trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site or otherwise in any way exploit any of the content of the Site, in whole or in par or violate or infringe in any way upon the rights of others, or do or cause to be done anything which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law, or which, without Cover FX' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying Cover FX will not be permitted.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. COVER FX DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. COVER FX, INCLUDING EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COVER FX, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold Cover FX including its employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the Content therein, including without limitation your violation of the Terms and Conditions herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Your use and browsing of this Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing the Site. We do not warrant that the functions contained in the Materials will be uninterrupted or error free, and/or that all defects will be corrected. We do not warrant or make any representations regarding the use or results of the use of Materials in the Site in terms of their correctness, accuracy, reliability or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Certain disclaimers/limitations herein may be superseded by applicable local law.
By choosing to access the Site from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. Accessing the materials on the Site from territories where their contents are illegal is prohibited.
Choice of Law
This Agreement shall be construed in accordance with the laws of the Province of Ontario, and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms and Conditions or your use of the Site shall be filed only in the courts of the Province of Ontario or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Integration and Severability
Unauthorized Use and Termination
Types of Information We Collect
When visiting the Website, you may provide us with certain personal or non-personal information. For example, when you complete a purchase or subscribe to an e-mail list or newsletter.
- Personal Information is information that is associated with your personal identity, such as your name, company name, physical address, e-mail address, telephone number, fax number, credit card information, your personal interests, and any other personal information you choose to provide to us while using the Website or purchasing our products. Once you choose to provide us with personal information, you can be assured that it will be used only to support your relationship with Cover FX. We take seriously the trust you place in us. We will not sell, rent or lease your personal information to others.
How We Use Your Information
Cover FX uses personal information to provide you with services and to help us better understand your needs and interests. Specifically, we use personal information to help you complete a transaction or order, to communicate with you, to provide service and support, to update you on our services and products, to personalize promotional offers and to personalize marketing campaigns. Credit card information is used only for payment processing and fraud prevention. Credit card information and sensitive personal data are not used for any other purpose by our financial services providers or us and will not be kept longer than necessary for completing your purchase, unless you ask us to retain the information for future purchases.
Personal data given to Cover FX may be transferred across state and country borders for the purposes of data consolidation, storage, and simplified information management.
Non-personal data is aggregated for reporting about usability, performance, and effectiveness of our marketing campaigns. It is used to improve your and other customers’ experience.
We may also disclose any information we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also disclose any information when we believe, in our sole discretion, that disclosure is necessary or appropriate to prevent physical harm or financial loss in connection with suspected or actual illegal activity.
Who We Share Your Information With
Cover FX does not share your personal information with, or sell, rent, or lease your personal information to, third parties other than third-party payment processing providers that we use to facilitate your buying experience.
In some instances, Cover FX may offer you the opportunity to consent to the sharing of your information with a third party offering a survey, contest, or other promotion. If you consent and choose to participate, we will share your information with such third party and the information you provide may be used by such third party for its own purposes and in accordance with its own policies.
Cover FX could merge with or be acquired by another business entity or some or all of their respective assets could be acquired. If such an event occurs, Cover FX will make every reasonable effort to bind the merging or acquiring entity to a confidentiality agreement before your personal information is shared.
Cover FX gives you the choice of receiving a variety of information that complements our products and services. You may have opportunities to subscribe to receive certain product- and service-specific information and other marketing communications such as new product information, special offers, or an invitation to participate in market research. You have the option to make or change your choices regarding what, if any, communications you wish to receive from of us. This option does not apply to communications for the purpose of administering order completion, contracts, billing, or support.
You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it is important to remember that many of our services may not function properly if your cookies are disabled.
User Privacy Preferences and Opting Out
To opt-out of receiving communications you have expressly requested, use any of the following methods and be sure to provide your name, e-mail, postal address, and any relevant information about your subscriptions and registrations:
- Follow the opt-out instructions contained in the unwanted e-mail communication you received;
Please note that if you previously elected to receive communications from a third party, you must update your preferences with respect to that communication with the third party.
Access and Accuracy of User Information
Cover FX strives to keep your personal information accurate. We have implemented technology, management processes, and policies to maintain customer data accuracy. We will provide you with access to your information, including making reasonable efforts to provide you with online access and the opportunity to change your information. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as a password and User ID, before granting access to your data.
Additional Rights and Provisions:
We will seek your consent to collect any personal information from you. You may have additional privacy rights available to you under applicable laws. We will process your requests in accordance with applicable data protection laws.
In certain circumstances, you have the right to:
- Request access to any personal information that were provided to us
- Obtain without undue delay the rectification of any inaccurate personal information we hold about you
- Request that personal information held about you is deleted
- Prevent or restrict processing of your personal information
- Provide or withdraw your consent at any time
To make such requests regarding your personal data, please email the customer experience team at firstname.lastname@example.org with the term "privacy" in the subject line, or mailing us at the address provided below.
Changes to this Policy
Cover FX Skincare
168 Fifth Avenue, Suite 201
New York, NY 10010
California Privacy Rights
Shine the Light
California Civil Code Section 1798.83 permits customers of Cover FX who are California residents to request certain information regarding and/or opt-out of our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:
Cover FX - California Privacy Rights
168 Fifth Avenue, Suite 201
New York, NY 10010
California Consumer Privacy Act
California residents may request copies of the data collected about them in the past 12 months through the process described in section 2 above. Prior sections of this policy describe the categories of personal information we collect, our methods of collection, the business or commercial purpose for collection, and categories of third parties we disclose information to.
Cover FX does not currently sell personal information about its customers who reside in California.
California Minor Content Removal
If you are a resident of California, under 18 and a registered user of our services, you may ask us to remove content or information that you have posted to these services by contacting us. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.
California Do Not Track Disclosure
Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. For information about Do Not Track, please visit: www.allaboutdnt.org.
Mobile Terms & Conditions
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Cover FX reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
- Authorize Cover FX to use auto dialer or non-auto dialed technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
- Acknowledge that you do not have to agree to receive messages as a condition of purchase.
- Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
- Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, email@example.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service, your message frequency may vary. You may receive an alert when instances occur such as:
- You are welcomed into the Service
- An order has been placed
- An order has been delivered
- An item or items has shipped
- An item or items has been canceled or delayed
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Cover FX may add or remove any wireless carrier from the Service at any time without notice. Cover FX and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from Cover FX, text the word STOP to 29282 any time or reply STOP to any of the text messages you have received from Cover FX. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Cover FX and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Cover FX through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.
You can text HELP for help at any time. This will provide you a link to the terms and conditions along with a phone number to call for assistance. You can also contact us at firstname.lastname@example.org
Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to notify Cover FX by email via email@example.com
The information provided herein is for general informational purposes only and does not, and is not intended to, constitute legal advice. Please consult your own legal counsel for legal advice.
Programs, Promotions & Partnership Terms
Welcome Offer: Eligible on first order only. Order must be $65+. One use per customer. Value sets, sample sets and new products excluded. Terms subject to change.
Loyalty Offers: The Cover FX Loyalty Program cannot be used and/or combined with a pro artist discount. Loyalty offers cannot be combined with any other promotion or used during any promotional period. Minimum purchase amounts are required for code redemption. All codes must be used at checkout. Promotions exclude new product, sample sets, sale items, kits and value sets. Terms subject to change.
Free product in loyalty program: Product to be redeemed through loyalty shop. Please note, free shipping is not valid on orders less than $5.
Free shade match consultation (loyalty program): Free consultation for foundation is only valid for new foundations only. If you have purchased a foundation in the past 12 months, you are not eligible for a free consultation on the same foundation. Free consultation includes samples of N20, N40, N60, N80 and N100. Based on communication with our shade matching consultant, we will provide the best shade option for you.
Seller has collected the simplified sellers use tax on taxable transactions delivered into Alabama and the tax will be remitted on the customers behalf to the Alabama Department of Revenue. Seller program account number is SSU-R011233062.
To submit an opt-out request: https://rakutenmarketing.com/legal-notices/subject-requests/