Terms of Use


DATE LAST MODIFIED: April 6, 2016

These Terms of Use (this “Agreement”), which is a legal agreement between You (“You” or “You”) and Flip Tech Partners, Inc. d/b/a Beauty Number, a Delaware corporation (“Beauty Number”), shall govern Your use of and access to the Application (as defined below) and the Website (as defined below). By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply by making any use of the Application and/or Website, You (a) accept this Agreement and agree to be bound by each of its terms, and (b) represent and warrant to Beauty Number that (i) You are at least 18 years of age and have the authority to enter into this Agreement (either on Your own behalf or by having a parent or legal guardian agree to the terms set forth herein on Your behalf), (ii) this Agreement is binding and enforceable against You, (iii) to the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, and (iv) You have read and understand Beauty Number’s Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the “Privacy Policy”), and agree to abide by the Privacy Policy. Beauty Number may amend this Agreement at any time without notice, each of which amendments shall be deemed to be effective two (2) days after posting the updated Agreement at the Website or within the Application. It is Your responsibility to check the Website, the Application and this Agreement regularly to ensure You remain current on the terms and agreements set forth herein.

  1. Purpose. The purpose of this Agreement is to set forth the terms and conditions under which, among other things,
    1. Beauty Number will license to You use of certain of Beauty Number’s technology, software and/or services such that You can utilize the Application through Your mobile device (the “Services”, and
    2. You can access and/or use the Website (collectively, the “Purpose”). As stipulated elsewhere in this Agreement, Beauty Number does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.
  2. License. Beauty Number hereby grants You a non-transferable, non-exclusive, revocable, limited license to access and use Beauty Number’s loyalty and rewards software platform commonly referred to as “Beauty Number Rewards” (the “Application”) as made available through its website located at www.beautynumber.com (the “Website”) and/or via mobile application during the Term (as defined below) solely for the Purpose. Beauty Number may, at any time, update or modify the Application, release new versions of the Application or create new modules related thereto, each of which may, at Beauty Number’s discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of Your rights hereunder including, without limitation, access to the Application.
  3. Rewards Program.
    1. The Beauty Number Rewards Program (the “Program”) is provided by Beauty Number and is solely responsible for the program operation. Beauty Number may change these Terms and Conditions or discontinue the Program or any aspect of it, including expiring outstanding Beauty Number Cash or expiring accrued spend at any time without any notice. The Program is limited to Beauty Number Members. The Program is applicable to all Authorized Beauty Number Locations (each an “Authorized Location” and collectively “Authorized Locations”). The Program is limited to the United States. Changes to the program will be posted online at beautynumber.com/rewards.
    2. You will receive a $5 reward in Beauty Number Cash for every $100 spent at any Authorized Location. Authorized Locations can be found on Beauty Number’s Website and Mobile Application. Beauty Number Cash accrual is based on Your verified spend on services at Authorized Locations (net of returns, cancellations, taxes, discounts and credits) and can only be redeemed using the Mobile Application. Activity is detailed on the Checkout Activity of your Beauty Number Account. For every qualifying $100 spent at Authorized Locations, you will receive a $5 reward in Beauty Number Cash redeemable at the Authorized Location where the qualifying $100 was originally spent. For example, if you spend $100 at Authorized Location A and $50 at Authorized Location B. You will receive $5 in Beauty Number Cash redeemable only at Authorized Location A. Net spend totaling less than $100 in a month will carryover from month to month until the $100 threshold is reached. Beauty Number Cash will be issued monthly in $5 increments via your Beauty Number Account. Beauty Number Cash must be redeemed within 30 days of the date of issuance. Your account must be active and in good standing at the time Beauty Number Cash is issued.
    3. Beauty Number Cash is only redeemable for services at Authorized Locations and may exclude products. If an Authorized Location is temporarily unable to verify Beauty Number Cash, please call Beauty Number Customer Service during normal business hours at 1-800-532-1348. Beauty Number Cash is not legal tender and may not be redeemed for cash, gift cards or any cash equivalent. Lost, stolen, expired or destroyed Beauty Number Cash will not be replaced and Beauty Number Cash may not be sold, altered, duplicated, negotiated, auctioned or bartered. Beauty Number Cash is valid for single use only. If the purchase total is less than the value of the certificate, the difference cannot be credited to any account, redeemed for cash or credit. At Authorized Locations, Beauty Number Cash must be surrendered at the time of checkout. Use the Code printed on Beauty Number Cash when redeeming online. Refunds of services purchased with Beauty Number Cash will not be refunded or credited to your Beauty Number Account. No additional Beauty Number Cash will be issued after Program termination. Beauty Number Cash cannot be combined with Authorized Location discounts unless expressly stated otherwise.
    4. By participating in our Program, we’ve asked that you provide us with your email address and download our Mobile Application. By providing us with your email address and downloading our Mobile Application, you are opting in to receive email communications and push notifications from Beauty Number about the Program and offers and promotions relating thereto as well as to offers, promotions and events of Beauty Number. This is separate and apart from any communication preferences you may have with Authorized Locations. If you had previously opted out from email communications or push notifications from us, by providing your email at this time, you also are signaling to us that you have changed your mind and would like to opt back in to receive those communications.
  4. Certain Restrictions. You shall not directly or indirectly copy or reproduce all or any part of the Application or the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You shall use the Application solely for its intended purposes and shall not use the Application for the benefit of any third party except as specifically contemplated under this Agreement. You shall not use the Application to post, transmit, convey, submit, distribute, store or destroy any content, photographs, descriptions, drawings, content, audio materials, text, messages or other information (collectively, “Posted Information”):
    1. in violation of any applicable law, statute, ordinance or regulation;
    2. in a manner that will infringe the intellectual property rights of others;
    3. that is defamatory, obscene or trade libelous;
    4. that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
    5. that is false, misleading or inaccurate in any way; or
    6. in violation of the any acceptable use policy or other policy posted at the Website or within the Application from time to time. You shall not violate or attempt to violate the security of the Application. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Application, including, without limitation, any of the software comprising or in any way making up a part of the Application. In addition, You will not export, re-export or permit any third party to export or re-export, directly or indirectly, the Application where such export or re-export is prohibited by applicable law without appropriate licenses and clearances. You shall defend and indemnify Beauty Number, at Your sole cost and expense, from and against any claims, damages, liabilities and/or expenses arising out of Your breach of any of Your obligations or representations set forth in this Section.
  5. Certain Responsibilities. You shall be solely responsible for:
    1. all Posted Information You input into the Application;
    2. ensuring that all Posted Information is appropriate in tone and is accurate;
    3. complying with all applicable laws, rules and regulations at all times; and
    4. maintaining all passwords and access codes to the Application, and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the Application.
  6. Beauty Number Rights. Beauty Number shall be entitled, at its sole discretion, to suspend, restrict and/or terminate, without notice of any kind, Your access to the Application or Your Beauty Number account for any reason. Notwithstanding the foregoing, Beauty Number shall not be required to review or monitor any Posted Information entered into the Application or otherwise submitted by You, and You shall be solely responsible for the veracity and accuracy of all such data, content and information.
  7. Payments. You understand that use of the Services may result in charges to you for the services or goods you receive from an Authorized Beauty Number Location (“Charges”). After you have received services or goods obtained through your use of the Service, Beauty Number will facilitate your payment of the applicable Charges on behalf of the Authorized Beauty Number Location, as such Authorized Beauty Number Location’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Authorized Beauty Number Location. Charges will be inclusive of applicable taxes where required by law.
    1. Refunds. Charges paid by you are final and non-refundable, unless otherwise determined by Beauty Number. You retain the right to request lower Charges from an Authorized Beauty Number Location for services or goods received by you from such Authorized Beauty Number Location at the time you receive such services or goods. Beauty Number will respond accordingly to any request from an Authorized Beauty Number Location to modify the Charges for a particular service or good.
    2. Payment Methods. All Charges are due immediately and payment will be facilitated by Beauty Number using the preferred payment method designated in your Account, after which Beauty Number will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Beauty Number may, as the Authorized Beauty Number Location’s limited payment collection agent, use a secondary payment method in your Account, if available.
    3. Promotional Offers. As between you and Beauty Number, Beauty Number reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Beauty Number’s sole discretion. Beauty Number may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
    4. Tips & Gratuity. This payment structure is intended to fully compensate the Authorized Beauty Number Location for the services or goods provided. Beauty Number does not designate any portion of your payment as a tip or gratuity to the Authorized Beauty Number Location. Any representation by Beauty Number (on Beauty Number’s website, in the Application, or in Beauty Number’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Beauty Number provides any additional amounts, beyond those described above, to the Authorized Beauty Number Location. You understand and agree that, while you are free to provide additional payment as a gratuity to any Authorized Beauty Number Location who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Authorized Beauty Number Location.
  8. Term and Termination. This Agreement shall continue in full force until the earlier to occur of
    1. either party providing written or electronic notice of termination to the other party (at which point You shall no longer be entitled to access or use the Application), or
    2. Beauty Number electing to terminate Your access to the Application, with or without notice (the “Term”). For purposes of clarity, You are entitled to terminate Your Beauty Number account at any time. Upon termination of this Agreement for any reason, You shall no longer be entitled to access or use the Application or any other non-public portions of the Website. In addition to the foregoing, in the event that Beauty Number determines, in its sole and absolute discretion, that You have breached this Agreement, threatened to breach this Agreement, committed any fraud or deception, breached any Beauty Number policy in effect from time to time or otherwise failed to perform to the standards required of Beauty Number, Beauty Number shall be entitled, at its discretion and in addition to any other remedies it may have hereunder and/or at law, to terminate, cancel or suspend Your access to the Application, in each of the foregoing cases at any time and for any period of time. Beauty Number shall not be responsible for the return of any Posted Information of any kind to You upon any termination of this Agreement or suspension of Your access to the Application, including without limitation any information input into the Application by You. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 of this Agreement shall survive any termination of this Agreement.
  9. Intellectual Property
    1. General Ownership. All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity:
      1. as between You and Beauty Number, You shall be deemed to be the sole owner of all Posted Information entered into the Application or otherwise posted by You; and
      2. Beauty Number is the sole owner of the name “Beauty Number” as well as the Website, the Application, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from You to Beauty Number regarding the Application or the Website shall, upon submission to Beauty Number, be owned solely and exclusively by Beauty Number. In addition, Beauty Number shall be entitled to post feedback at the Website and within the Application (and/or allows others to do so), both positive and negative, regarding any user. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Application shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein), subject to such suppliers’ license, if any, of such third party software to Beauty Number.
    2. Use of Posted Information. In exchange for Your use of the Website and/or the Application, You hereby grant to Beauty Number an unlimited, perpetual, irrevocable, fully-paid, transferable, assignable, sub-licensable, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, commercially exploit, repurpose, perform and display any and all Posted Information You post to the Website, submit to Beauty Number or post through the Application, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, in connection with Beauty Number performing the services described herein. Finally, You irrevocably waive, and cause to be waived, against Beauty Number and its users any claims and assertions of moral rights or attribution with respect to Your Posted Information. Beauty Number shall be entitled to display advertising and/or any other content at locations of its choosing within the Website and/or Application, including without limitation adjacent to Your Posted Information.
  10. Confidentiality. You agree to treat as confidential all confidential information of Beauty Number, not to use such confidential information for any purpose other than to the limited extent necessary to use the Application and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, You shall use at least the same degree of care which You use to prevent the disclosure of Your own confidential information of like importance to prevent the disclosure of confidential information disclosed by Beauty Number, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice.
  11. Non-Solicitation. During the Term and for a period of one year thereafter, You shall refrain from directly or indirectly soliciting, enticing, persuading or inducing any individual who is then, or has been within the 1-year period prior to the applicable date, an employee of Beauty Number to terminate employment with Beauty Number or to become employed by or enter into contractual relations with any other individual or entity.
  12. Disclaimers.
    1. No Warranties. Except as explicitly set forth herein, neither Beauty Number, its affiliates or any of any such party’s equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation,
      1. warranties of merchantability or fitness for a particular purpose,
      2. that the Website or the Application will be error-free,
      3. as to a minimum level of uptime for the Application or the Website, or
      4. as to the results that may be obtained by You by entering into this Agreement and/or using the Application. You agree and acknowledge that the Application and Website are licensed and/or provided hereunder on an “as is” basis. In addition, You hereby agree and acknowledge that:
        • Beauty Number shall not be responsible for any actions taken by any other party using the Application or reviewing any of Your Posted Information;
        • Beauty Number does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party;
        • Beauty Number is not a party to any transaction between You and any store, retailer or business with which Beauty Number has a business relationship, and as such, any disputes regarding purchases, rewards and/or any other aspect of any transaction or other commercial dealings is solely between You and such third party;
        • Beauty Number is not responsible for any other party’s compliance with applicable laws, rules or regulations;
        • Beauty Number’s services are administrative in nature and Beauty Number is not responsible for ensuring that any third party honor any reward, loyalty or other obligations such third party may have towards You;
        • Beauty Number shall not, under any set of circumstances, be responsible or liable for any content, text, photographs and/or other Posted Information, including any Posted Information which may violate applicable law and/or a third party’s intellectual property rights; and
        • the Application and/or Website may not function properly or as intended at times.
    2. Unavailability of Website or Application. You are responsible, at Your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the Application. While it is Beauty Number’s objective to make the Website and Application accessible at all times, the Website and/or Application may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website or Application may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of Beauty Number, access to the Website and/or the Application may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Beauty Number shall not be liable in any way for any delay in responding to an inquiry or question forwarded by You or the effects any delay or unavailability may have on You. YOU AGREE THAT BEAUTY NUMBER SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND/OR APPLICATION AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE AND/OR APPLICATION.
  13. Limitation on Liability. BEAUTY NUMBER SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE APPLICATION OR WEBSITE, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, BEAUTY NUMBER’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING HEREUNDER OR RELATED HERETO SHALL NOT EXCEED $50.
  14. Force Majeure. Beauty Number shall not be liable to You for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
  15. General Terms. The following terms and conditions govern general use of the Website:
    1. You agree to abide by all restrictions displayed on the Website and/or within the Application, as and when they are updated from time to time, including, without limitation, the rules in this Section. Beauty Number reserves the right to remove any content You post to the Website or within the Application, block the sending of any inquiry or other content Beauty Number deems inappropriate in its sole discretion, and may terminate all access to the Website and/or Application at any time in its sole discretion for any or no reason. While Beauty Number reserves the right to monitor all postings and/or content posted at the Website and/or within the Application, it has no obligation to do so.
      1. Permitted Uses. You may use the Website only in good faith for the purposes described herein. You may download and print out portions of the content from the Website for non-commercial purposes provided that You follow the rules in this Agreement. You may not use the Website or Application, or any business listings, contract information or other content, to promote another business or commercial venture.
      2. Distribution. Except as expressly permitted under other provisions of this Agreement, You may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose.
      3. Derivative Works. You may not create compilations or derivative works of the Website or the Application, the Website or Application content or any other materials from the Website or Application.
      4. Proprietary Notices. You may not remove, change or obscure and You must retain on all copies of the content You download any copyright notice or other proprietary notice, Privacy Policy, legal disclosures or terms of use contained in the content or on the Website.
      5. Infringement. You may not use the Website, Application, the Website and/or Application content or any other materials from the Website or Application in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of Beauty Number or any third party.
      6. Information Distribution. You may not use the Website and/or Application or any communications service, chat room, message board, blog, forum, newsgroup, or other interactive service that may be available to You on or through the Website or Application to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data or other information, that:
        • is false;
        • contains vulgar or explicit language;
        • contains explicit or graphic descriptions or accounts of sexual acts, including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals;
        • includes any inside information and/or proprietary or confidential information learned or disclosed under nondisclosure agreements;
        • You are restricted from using under any law;
        • infringes upon the intellectual property rights of any third party; or
        • contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functions of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other party.
      7. Other Prohibited Uses. You may not use the Website or Application for any purpose that:
        • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or otherwise violates Beauty Number’s rules or policies;
        • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other classification protected by law;
        • invades any person’s or entity’s privacy or other rights;
        • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
        • misidentifies You or impersonates any person or entity, including, without limitation, any employee or representative of Beauty Number, or falsely states, implies, or otherwise misrepresents Your affiliation with a person or entity by, for example, pretending to be someone other than You or pretending to represent a company or organization that You are not affiliated with or authorized to represent; or
        • could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.
      8. Others’ Personal Information. You may not knowingly solicit or collect personal information from a child 12 years old or Younger without appropriate prior verifiable parental consent.
      9. Harm to Minors. You may not take any action on the Website or within the Application or use the Website and/or Application content to harm minors in any way.
      10. Solicitation. You may not use the Website or Application or any Website or Application content in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.
    2. The Website, the Application and the Website and Application content may contain and/or provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Website or Application (“Third Party Content”) that may include content You find to be offensive, indecent or objectionable. The third party from whom or which any such Third Party Content originates is solely responsible for it and Beauty Number assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Beauty Number has no liability of any kind to You or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless Beauty Number expressly states in writing to the contrary, Beauty Number neither endorses nor adopts as its belief any such statements. Beauty Number may provide information in articles Beauty Number posts or links to through the Website only for educational and general informational purposes and not as professional advice. Beauty Number has made no attempt to verify any information contained in any such articles.
    3. Third-Party Websites, Advertisers or Services. As a convenience to You and other Website visitors, the Website may contain links to websites, advertisers, or services that are owned and operated by third parties that are not affiliated with Beauty Number. When You uses these links, You will leave the Website and Beauty Number will have no ability to protect Your interests. You visit linked websites at Your own risk and it is Your responsibility to take any protective measures to guard against viruses and other destructive elements. Unless it expressly states otherwise in writing, Beauty Number is not responsible for and does not warrant, endorse, guarantee, control, and assumes responsibility for the content, privacy policies, practices, or products or services advertised or offered by any third party through the Beauty Number software or service or any linked website or service, or featured  websites or services, in any banner or other advertising. In addition, Beauty Number will not be a party to or in any way monitor any transaction between You and third-party providers of products or service; and any promotions of advertisers found on Beauty Number, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers. You agree that Beauty Number shall not be responsible for any loss or damage of any sort relating to Your dealings with such advertisers.
  16. Copyright Infringement. Beauty Number respects the intellectual property of others, and asks You and all users to do the same. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries, and the terms of use of those websites, and not the Agreement, govern Your use of that material. It is Beauty Number’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Beauty Number and/or others.
    1. If You believe that Your intellectual property or work has been copied in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, please provide Beauty Number’s Agent for Notice with the following information in English (Your “Notice”):
    2. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    3. a description of the copyrighted work or other intellectual property that You claim has been infringed;
    4. a description of where the material that You claim is infringing is located on the Website or within the Application;
    5. Your address, telephone number, and email address;
    6. a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
    7. a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
    8. In some circumstances, in order to notify the individual or entity who or which provided the allegedly infringing content to which Beauty Number has disabled access, Beauty Number may forward a copy of a valid Notice including name and email address to such individual or entity. Beauty Number’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
      1. By mail:
        • Beauty Number
        • c/o Copyright Agent
        • 44 Cook Street, Suite 100
        • Denver, CO 80206
      2. By email:
        • support@beautynumber.com
  17. Miscellaneous. Each party shall pay its own costs and expenses in connection with this Agreement and its activities hereunder. The rights and obligations of the parties under this Agreement shall be governed by the laws of the State of Colorado, without reference to conflict of law principles, and all disputes arising hereunder or in connection with this Agreement, the Website and/or the Application shall be resolved in the appropriate Federal or state court located solely and exclusively in Denver County, Colorado. You hereby consent to exclusive jurisdiction in Denver County, Colorado, and agree not to raise any defense of forum non conveniens or any similar defense. The relationship between the parties under this Agreement is that of independent contractors and neither shall be, nor represent itself to be, the joint venture, franchiser, franchisee, partner, agent or representative of the other party for any purpose whatsoever. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, but shall not be assignable by You without Beauty Number’s prior written consent. If any provision of this Agreement is held to be unenforceable or invalid for any reason, or if any governmental agency rules that any portion of this Agreement is illegal or contrary to public policy, the remaining provisions, to the extent feasible, will continue in full force and effect with such unenforceable or invalid provision to be changed and interpreted to best accomplish its original intent and objectives.

General Site Terms


These General Website Terms govern all visits to and/or any use of any portion of the website located at www.beautynumber.com and/or any affiliated websites.

All information, images, designs and/or content posted at the Beauty Number website at any time is owned solely and in full by Beauty Number, Inc., and may not be accessed or used in any way except to the extent explicitly set forth in these General Website Terms.

You may not use any page-scrape, deep-link, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which is intended to approximate any of the foregoing actions, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Beauty Number website or take any action in respect of merchants and/or other company information listed at the Beauty Number website from time to time.

You may not modify, re-render, frame, mirror, truncate, add to, inject, filter or change the order of the information contained on any page of the Beauty Number web pages or any merchant information on any other website or for any purpose without our express written permission.

You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work or otherwise use the content of this website for public or commercial purposes without our express written permission. Nothing on this website shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication or otherwise.

You may not copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or source relating to our website, including without limitation, any service or product Beauty Number offers.

You may not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners advertisement, or anything else which minimizes, covers or otherwise inhibits the full display of the Beauty Number website.

You may not use the Beauty Number website in any way which depletes web infrastructural resources, slows the transferring or loading of any web page or interferes with the normal operation of our website.

You may not upload or transmit to the Beauty Number website any device, software, program or file that may damage the operation of any computer or the Beauty Number website, including without limitation, viruses or corrupt files.

You may not disguise the origin of information transmitted to, from, or through the Beauty Number website. You may not circumvent any measures implemented by Beauty Number aimed at preventing violations of these General Website Terms. You may not violate the restrictions in any robot exclusion header.

When You use the Beauty Number website or any information included therein for an authorized purpose, You must include all proprietary notices without changing, hiding or deleting them.

Beauty Number makes no representations or warranties regarding any content or information posted at the Beauty Number website from time to time, including as to whether or not such content or information is accurate.