Terms and Conditions

The 7 Virtues Beauty Website

Terms and Conditions

LAST UPDATED: February 12, 2024

1 Introduction.

Welcome to the website for The 7 Virtues Beauty (“we”, “us”, “our” or “7 Virtues”).

The use of our websites, including www.the7virtues.com (collectively, the “Website”), by users (“you”, “your”, or “user”) is subject to the following terms and conditions (“Terms”). Please read these Terms carefully before you begin using the Website. These Terms are legally binding and by accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms. If you do not agree with any of the Terms, you are not permitted to use the Website.

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Website.

We may amend the Terms by posting the amended version on our Website. You agree that the foregoing will constitute sufficient and effective notice. By continuing to use the Website more than 30 days after we post an amended version, you confirm your acceptance of, and agreement to, the Terms as amended. If you do not agree with any of the changes, you must immediately stop using the Website, and your license to use the Website will immediately terminate.

Certain areas within the Website may be governed by additional terms posted in or linked to such areas ("Additional Terms"). By using those areas of the Website, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms, and any reference to these Terms includes the Additional Terms.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH 7 VIRTUES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND NOT BY A JURY TRIAL. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS OF THIS ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

2 DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION AND JURY TRIAL WAIVER.

BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST 7 VIRTUES ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION (INCLUDING BY MASS ARBITRATION) AGAINST 7 VIRTUES, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION, OR MASS ARBITRATION BROUGHT AGAINST 7 VIRTUES BY SOMEONE ELSE.

INITIAL DISPUTE RESOLUTION AND NOTIFICATION. You and 7 Virtues agree that, prior to initiating an arbitration or other legal proceeding, you and 7 Virtues will attempt to negotiate an informal resolution of the Dispute (as defined below). To begin this process, and before initiating any arbitration or legal proceeding against 7 Virtues, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of the 7 Virtues Legal Department at the postal address set out in Section 20(h) below. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”).

Your Notice to 7 Virtues must contain all of the following information: (1) your full name, address, and relationship to 7 Virtues; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing 7 Virtues to disclose information about you to your attorney.

After receipt of your Notice, you and 7 Virtues shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor 7 Virtues may initiate an arbitration or other legal proceeding.

If the Dispute is not resolved during the Informal Dispute Resolution Period, either party may initiate an individual arbitration as provided below, except for Disputes (i) that may be brought in an individual action in small claims court, or (ii) that relate to the ownership or enforcement of intellectual property rights. In addition, you and 7 Virtues each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. In any such case, your waiver of the right to a jury trial and the class action waiver set forth in this Arbitration Agreement shall continue to apply.

“Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and 7 Virtues concerning the Website or these Terms, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and 7 Virtues empower the Arbitrator with the exclusive authority to resolve any Dispute relating to the interpretation, applicability or enforceability of these Terms or the formation of this contract, including the arbitrability of any Dispute and any claim that all or any part of the Terms are void or voidable.

CLASS ACTION AND JURY TRIAL WAIVERS. BY ENTERING INTO THE TERMS, YOU AND 7 VIRTUES EACH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, YOU AND 7 VIRTUES AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN ANY PURPORTED CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING (INCLUDING ANY MASS ARBITRATION) OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR ANY OTHER PERSONS. As such, you and 7 Virtues acknowledge and agree that each waives any right to participation as a plaintiff or a class member in a class action litigation or arbitration (including mass arbitration), or in any other collective or consolidated action, with respect to a Dispute. Neither you nor 7 Virtues may be a representative of any other potential claimants or class of potential claimants in any such Dispute, nor may two or more users’ disputes be consolidated or otherwise determined in one proceeding. This will also preclude you and 7 Virtues from participating in or recovering relief under any current or future class, joint, collective, representative, or consolidated action or mass arbitration brought by someone else.

A. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules, the Supplementary Procedures for Consumer Related Disputes, and the Mass Arbitration Supplementary Rules (“AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Delaware.

B. Initiating Arbitration. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.) The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Delaware, and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the proposed list of arbitrators by the AAA, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

C. Location and Procedures. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and 7 Virtues submit to the Arbitrator, unless you request a hearing and the Arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, arbitration may be conducted in person, through the submission of documents, by phone, or online, and your right to a hearing will be determined by the AAA Rules. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Kings County, New York or in another jurisdiction to which you and 7 Virtues agree in writing; provided, however, that if circumstances prevent you from traveling to New York, the AAA may hold an in-person hearing in the state where you reside. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

D. Arbitrator’s Decision. The Arbitrator will render a written award within the time frame specified in the AAA Rules and shall provide a written decision with a statement of reasons if requested by either party. The Arbitrator may award declaratory or injunctive relief, but only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant's individual claim. The Arbitrator shall not have authority to entertain any claim on behalf of a person who is not a named party, nor shall the Arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party. The Arbitrator’s decision shall be final and binding on all parties. The Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.

You and 7 Virtues agree to submit to the exclusive jurisdiction of the federal or state courts located in Kings County, New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

E. Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. 7 Virtues will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous or brought for an improper purpose (based on the standards set forth in Federal Rule of Civil Procedure 11(b)). The right to recover attorneys’ fees and expenses set forth in this Arbitration Agreement supplements any right to attorneys’ fees and expenses you may have under applicable law. You may not, however, recover duplicative awards of attorneys' fees or costs.

F. Severability. If any part of this Arbitration Agreement (Section 2), other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. The class action waiver is non-severable and if it is deemed or found to be unenforceable for any reason, the whole Arbitration Agreement shall be null and void.

G. Opt-Out of Arbitration Agreement: You can opt-out of this Arbitration Agreement and it will not affect any other terms and conditions of these Terms or your relationship with us. To opt-out, you must email 7 Virtues at [INSERT EMAIL, e.g., arbitrationoptout@the7virtues.com and providing the following information: (1) your full name; (2) the URL of these Terms; (3) your mailing address; (4) your phone number; (5) and a clear statement that you wish to opt out of the Arbitration Agreement portion of the Terms (the “Opt-Out Notice”). THE OPT-OUT NOTICE MUST BE RECEIVED BY 7 VIRTUES NO LATER THAN THIRTY (30) DAYS AFTER (i) THE DATE YOU FIRST ACCEPT THE TERMS AS SET FORTH IN SECTION 1 ABOVE; OR (ii) THE EFFECTIVE DATE OF THIS ARBITRATION AGREEMENT IF THE ARBITRATION AGREEMENT WAS ADDED TO THE TERMS AFTER YOU FIRST ACCEPTED THE TERMS.

3. Privacy.

We are committed to transparency about our privacy practices. You can find the 7 Virtues Privacy Policy applicable to the Website, which is incorporated into the Terms by reference, here.

4. Acceptable Use.
Our goal is to create a respectful, positive, and safe environment for our Website users. In order to promote this goal, we prohibit certain kinds of conduct with respect to the Website. We reserve the right to determine whether a user’s conduct violates these Terms, and to take action as we deem appropriate. You may use the Website only for lawful purposes and in accordance with these Terms, and you agree not to use the Website:

in any way that violates any applicable federal, state, local or international law or regulation;
to knowingly send, submit, or upload false, inaccurate, misleading, libelous, defamatory, obscene, threatening, invasive, abusive, illegal, or otherwise objectionable communications;
to impersonate or attempt to impersonate any person or entity (including without limitation by using such person’s or entity’s personal information);
to transmit, or procure the sending of, any advertising or promotional material, including any “junk email,” “chain letter,” “spam,” or any other similar solicitation;
to violate, infringe, or misappropriate another person’s intellectual property, privacy, publicity, or other legal rights;
to make any commercial use of the Website or its content, including by collecting or using any product listings, descriptions, prices, or images contained on the Website; or
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm 7 Virtues, our suppliers or licensors, or users of the Website, or expose them to liability.

Additionally, you agree not to:

use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;
modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website;
remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website;
use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the content on the Website, or otherwise use data extraction, scraping, mining, or other data-gathering tools, or create a database by systematically downloading or storing the Website content;
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the servers on which the Website is stored, or any server, computer or database connected to the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
use any device, software or routine, or otherwise attempt to interfere with the proper working of the Website.

5. Ownership.

The Website and all rights, title, and interest therein are and shall remain the property of 7 Virtues or its suppliers or licensors. This includes without limitation all software, text, displays, images, titles, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, and moral rights, as well as all 7 Virtues or its suppliers’ or licensors’ names, representations and likenesses, trademarks, logos and designs, or product and service marks (collectively, “Protected Material”). Except for the limited license granted below, neither these Terms nor your use of the Website convey or grant to you any rights in or related to the Website, or any right to use or reference Protected Material. Protected Material displayed in the Website is the property of 7 Virtues or its suppliers or licensors. You may not remove, copy or alter any Protected Material. Except as otherwise required by applicable law, any use, reproduction, distribution, modification, retransmission or publication of any Protected Material is strictly prohibited without the express written consent of the owner of the Protected Material. All rights not expressly granted herein are reserved by 7 Virtues.

6. License.

Subject to your agreement to the Terms and your continued compliance with the Terms, we grant you a limited, non-transferable, non-exclusive license to access and use the Website for your own personal, non-commercial use. You may not copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Website or any component of them, except as expressly authorized by us. We reserve the right to withdraw or amend the Website, and any functionality, service, or content we provide on the Website, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

7. Your 7 Virtues Account.

You may need to register to use all or part of the Website. You agree to provide current, complete, and accurate information in connection with such registration, and you agree to promptly update your information, including your email address, billing address, phone number, payment card numbers and expiration dates, so that we can complete your Transactions and contact you as needed. We may reject, or require that you change, any username, password, or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential. You, and not 7 Virtues, are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your username, password, or account. In addition to all other rights available to 7 Virtues, including those set forth in these Terms, 7 Virtues reserves the right, in its sole discretion, to terminate your account.

8. Products.

The Website may make available product listings, descriptions and images of goods or services or related coupons or discounts (collectively, "Products"). We make no representations as to the completeness, accuracy, or timeliness of such listings, descriptions, or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the colors you see on the Website will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products on the Website does not imply or warrant that these Products will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.

9. Transactions.

We may make available the ability to purchase or otherwise obtain certain Products through the Website (a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information ("Payment Information"). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT INFORMATION THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions.

We and our third-party payment service providers may request, and may receive from any of your payment card issuers or any payment card network, updated payment card information, such as cancellation of any payment card account, or updated payment card numbers or expiration dates. If such updated information is provided to us and/or any of our third-party payment service providers, we may use that information to process any payment that you have authorized us to charge to such payment card, including payment for any outstanding balances owed by you on any purchase. By using the Website and accepting these Terms, you hereby authorize 7 Virtues and its third-party payment service providers to update your payment card information and charge your payment card using any such updated payment card information. Your payment card issuer may allow you to opt out of providing updated card information. For more information, please contact your payment card issuer.

7 Virtues reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any Transaction; to cancel any Transaction even after it has been placed using the Website, and to refuse to provide any user with any Product.

By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.

10. Shipping and Returns

Shipping and returns of Products are governed by the 7 Virtues Shipping and Returns Policy, which is located here.

11. Reliance on Information Posted.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its content. We may update the content on the Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

12. Linking to the Website.

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent. Subject to the foregoing, you shall not (i) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing it on any other site, or (ii) take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission in our sole discretion, without notice.

13. Links from the Website.

Website may contain links to other websites and resources provided by third parties; these links are provided for your convenience only. We have no control over the content of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

14. User Reviews and Feedback.

In certain circumstances, we may request that you provide us with certain information (for example, sweepstakes entries) or, without a request from us, you may send suggestions, ideas, reviews, proposals, or other materials, whether submitted online, by email or postal mail, or otherwise (collectively, "Feedback"). To the extent that any Feedback gives rise to any copyright interest, you hereby grant 7 Virtues an exclusive, fully paid-up, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use such Feedback in any way and for any purpose in connection with the Website, Products, and related goods and services, and to distribute your Feedback without any further 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. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to the use and enjoyment of such assets by 7 Virtues in connection with the Website and Products under applicable law. The foregoing license grant to 7 Virtues, and the above waiver of any applicable moral rights, survives any termination of these Terms.

You are solely responsible for the Feedback you submit, and 7 Virtues assumes no liability for any Feedback submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor Feedback; (ii) alter, remove, or refuse to post or allow to be posted any Feedback; and (iii) disclose any Feedback, and the circumstances surrounding its transmission, to any third party.

15. Geographic Restrictions.

7 Virtues is based in Halifax, Canada, with offices in New York, United States. We make no claims that the Website or any of its content is accessible or appropriate outside of Canada and the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Canada and the United States, you do so on your own initiative and are responsible for compliance with local laws.

16. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. 7 VIRTUES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE WEBSITE AND PRODUCTS ARE MADE AVAILABLE TO YOU "AS IS" AND “AS AVAILABLE” FOR YOUR USE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; AND (B) 7 VIRTUES DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND PRODUCTS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THIS PARAGRAPH DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE WEBSITE.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF 7 VIRTUES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE "AFFILIATED ENTITIES").

17. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: 7 VIRTUES WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OR MISUSE OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE WEBSITE (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) 7 VIRTUES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY PRODUCTS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCT; AND (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

TO THE EXTENT THAT 7 VIRTUES MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITY AS SET FORTH HEREIN, THE SCOPE OF SUCH WARRANTY AND THE EXTENT OF LIABILITY OF 7 VIRTUES WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH 7 VIRTUES AND ITS AFFILIATED ENTITIES.

18. Indemnification.

You agree to indemnify, defend, save, and hold 7 Virtues and its Affiliated Entities harmless from and against any and all claims, liabilities, losses, damages, costs, and expenses, including legal fees and expenses, arising out of or relating to: (i) your use of the Website; (ii) your actual or alleged breach or violation of these Terms; and (iii) your Feedback. You are solely responsible for defending any claim against 7 Virtues or an Affiliated Entity, subject to 7 Virtues or such Affiliated Entity’s right to participate with counsel of its own choosing at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including legal fees and expenses, resulting from all claims against 7 Virtues or an Affiliated Entity, provided that you will not agree to any settlement that imposes any obligation or liability on 7 Virtues or its Affiliated Entity without its prior express written consent. If 7 Virtues or an Affiliated Entity assumes the defense of any claim, you agree to cooperate with the defense of such claims.

19. Claims of Copyright Infringement and the DMCA.

We respect the intellectual property of others and ask that users of the Website do the same. We may remove infringing materials and may terminate the license to use the Website for users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is unlawfully infringing the copyright(s) in a work via the Website, and wish to have the allegedly infringing material removed, please provide the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) to our designated Copyright Agent:

(a) your physical or electronic signature;

(b) identification of the copyrighted work(s) that you claim to have been infringed;

(d) sufficient information to permit us to locate such material;

(e) your address, telephone number, and e-mail address;

(f) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

(g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.

Deliver the DMCA notice, with the above information completed, to the 7 Virtues DMCA agent at: dmca@the7virtues.com.

20. Miscellaneous.

Term and Termination. We reserve the right to condition your license to access and use the Website on your agreement to, and compliance with, these Terms. We also reserve the right to terminate your license to access and use the Website, at any time, for any reason or no reason, in our sole discretion. You may terminate these Terms by discontinuing your use of the Website. Notwithstanding such a termination, Sections 2, 5, 10, 14, 16, 17, 18 and 19 of the Terms will remain in force, and you will continue to be liable for all your activities during the time you used the Website.
Severability. Subject to Section 2(F), you and 7 Virtues agree that if any portion of these Terms is found unlawful or unenforceable, in whole or in part, that provision will be ineffective only to the extent of such finding and as to such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which will be enforced to the fullest extent of applicable law.
Choice of Law; Venue. Except as set forth in the Arbitration Agreement above, you and 7 Virtues agree that these Terms and any dispute of any nature that might arise between you and 7 Virtues will be governed by and construed in accordance with the laws of the state of Delaware without giving effect to its conflict or choice of laws principles. You and 7 Virtues agree that any action at law or in equity that is not subject to the arbitration clause in Section 2 above shall be filed, and that venue properly lies, only in the state or federal courts located in Kings County New York, United States of America, and you and 7 Virtues expressly consent and submit to the exclusive and personal jurisdiction of such courts for the purposes of litigating such action.
Assignment. We may assign our rights and obligations under these Terms, in whole or in part, to any person or entity at any time with or without your approval. You may not assign any of the rights or obligations you have under these Terms without our prior written approval. Any such assignment without our prior written approval is ineffective and in violation of these Terms.
Entire Agreement. These Terms, including any Additional Terms or policies referenced in the Terms, are the entire agreement between you and 7 Virtues with respect to the use of the Website. They supersede all prior and/or contemporaneous understandings, regardless of the medium (oral, written, or electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated.
No Waiver. Our failure to enforce any right or provision in these Terms shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing.
Notices to 7 Virtues. All notices given by you or required from you under these Terms must be in writing and addressed to us at the postal address set forth below in the “Contact Information” section. Any notices that you provide without compliance with this subsection will have no legal effect.
Contact Information. If you have questions, complaints, or claims with respect to the Website, Products, or these Terms, please direct such communications to:

Postal Address: The 7 Virtues Beauty
600-1741 Lower Water Street
Halifax, NS, Canada, B3J 2X2

Email address: info@the7virtues.com

Phone number: (431) 306-9691
California Department of Consumer Affairs. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please contact us using the information listed in Section 20(h) above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.