Terms of service

LAST UPDATE MAY 21, 2026


Terms and Conditions 

These Terms & Conditions (“Terms”) constitute a legally binding agreement between you and Athletic Cosmetic Company (“Athletic Cosmetic Company,” “we,” “us,” or “our”) governing your access to and use of www.athleticcosmetic.com (the “Site”), including any related websites, mobile sites, services, platforms, tools, features, content, or applications owned or operated by Athletic Cosmetic Company that link to or reference these Terms (collectively, the “Services”).

By accessing or using the Services in any manner — including visiting or browsing the Site, creating an account, purchasing products, or submitting content — you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

If you do not agree to these Terms, you may not access or use the Services.

 

Who We Are

As used in this Agreement, and on the Site, athleticcosmetic.com, Athletic Cosmetic Company, Site, We" refers to Athletic Cosmetic Company LLC with headquarters located at 1395 Brickell Avenue, Suite 800, Miami, Florida 33131. All content held on this website is the exclusive property of Athletic Cosmetic Company LLC.

CHANGES TO THIS AGREEMENT

In addition, you may read our Privacy Policy at any time for more information about how Athletic Cosmetic Company collects, stores, and protects your information when you use the Services. The Privacy Policy also addresses the privacy rights of California consumers. If you do not agree to any of these Terms, please discontinue your use of the Services immediately.


We reserve the right to modify our Terms of Use, including the Privacy Policy, at any time, in our sole discretion. If we modify material terms to the Terms of Use, such modification will be effective after we send you notice of the amended agreement. Such notice will be provided in our sole discretion, and the manner of the notification may include email, posted notice on the Site, or other reasonable means of communication. Your failure to cease use of the Services after receiving notification of any modification will constitute your acceptance of the modified Terms.  If you do not agree to any of the Terms or any changes to the Terms, you are not authorized to use, access or continue to access the Services, and must discontinue any use of the Services immediately.


Certain Services or portions or aspects of those Services may be subject to additional terms. Those terms will be presented in conjunction with the particular program or offer and will be binding on those who participate in those programs or offers. These Terms will apply equally. Without limitation, the additional terms include product and service descriptions, prices, and restrictions posted on the Services, which are subject to change from time to time and should be reviewed by you each time you submit content or place an order.



AGE REQUIREMENTS AND CHILDREN'S PRIVACY


Athletic Cosmetic Company’s website and online services are not directed toward individuals under the age of 13, and we do not knowingly collect any personal information from children under the age of 13. If a child under 13 has provided our website or Services with personal information, we ask that a parent or guardian contact us as described herein so that we may promptly delete the child’s information from our records.  If you are under 18, you may use the Services only with the involvement of a parent or guardian.


YOUR ACCOUNT


To use certain Services, you may need to create an account. You may also have the option of creating an account in anticipation of making future purchases. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; and (d) notify Athletic Cosmetic Company if you discover or suspect that your account has been hacked or its security breached.  With respect to any account, we may refuse to grant to you the user name you request.


Your username and password are for your personal use only. You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. You are responsible for providing the equipment and services that you need to access and use the Services. We do not guarantee that the Services will be accessible on any particular equipment or device or with any particular software or service plan.


We reserve the right, without notice and in our sole discretion at any time and without limiting any rights or remedies available to us, to terminate your right to access and use the Services or any component of the Services, and to block or prevent future access to and use of the Services and to delete your account and any related information and/or to cancel orders. Any obligation or liability incurred prior to termination of your access to the Services will survive such termination.


RESPONSIBLE USE OF THE SERVICES


You may use the Services for lawful purposes and in accordance with these Terms. No other use is permitted.

Without limiting the foregoing, you may not use the Services:

(a) for any purpose that is unlawful under applicable federal, state, local or international law, or prohibited by these Terms;

(b) to cause harm or damage to any person or entity;

(c) to interfere with the proper operation of the Services or in a way that restricts or inhibits anyone’s use or enjoyment of the Services;

(d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Athletic Cosmetic Company in its sole discretion) or viruses or other malware which may harm the operation of the Services or anyone else’s computer;

(e) to create an account for the purpose of making a competitive assessment of our services or incorporating any information or other content from the Services into any service you offer to third parties;

(f) to engage in inappropriate online behavior, such as spamming our users, distributing spyware or viruses, collecting personal information without disclosing and abiding by our privacy policy, or attempting to reverse engineer or hack into our systems;

(g) to access or scrape the Site by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; to bog down the Site by uploading or downloading an unreasonably large amount of material at one time; or to bypass any technical protections, storage limits or throttling that we institute; or

(h) to reverse engineer, decompile, disassemble, create derivative works of, remove the copyright designation from, copy, sublicense, or distribute any content, application, or software code associated with the Services. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Athletic Cosmetic Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Athletic Cosmetic Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing Athletic Cosmetic Company’s name or trademarks without our express written consent. 


CONTENT SUBMISSION TERMS

You are solely responsible for all content you may submit to the Services or share with other users of the Services (“User Content”), including, but not limited to, product ratings, reviews, feedback, suggestions, questions, photos, videos, comments and other content on Athletic Cosmetic Company-owned or operated content, webpages and blogs. You may submit, post, or otherwise make available User Content as long as your User Content does not contain any Prohibited Content. "Prohibited Content" means User Content that:

  • is threatening, defamatory, hateful, harassing, abusive, or obscene;
  • violates the right of privacy or right to publicity;
  • is false, deceptive, or otherwise misleading;
  • infringes any intellectual property right, such as patent, copyright, trademark, and/or trade secret;
  • contains any software virus or other malware;
  • includes any commercial or political solicitation;
  • violates any local, state, or federal law or regulation;
  • impersonates another person or entity;
  • includes any advertisement, pyramid scheme, or other "spam;" and/or
  • is otherwise objectionable or non-family-friendly as determined by us in its sole discretion.

Although we cannot monitor all User Content, we reserve the right (but do not have the obligation), in our sole discretion, to remove or edit any Use Content that appears on any of the Services for any reason and at any time. You agree to indemnify us for all claims resulting from any User Content you submit, post or make available. We have no obligation (1) to maintain any User Content in confidence; (2) to pay any person any compensation for any User Content; or (3) to respond to any User Content.  We have no responsibility for any User Content posted by you or any third party.

We do not claim ownership of any User Content. However, you agree that we are free to use any User Content for the purpose of providing you and others with the use of the Services, with associated products and services, and with our (and our successors and assigns)' business. You grant us a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the User Content throughout the world in any media now known or hereafter developed. You also grant us the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the User Content.

You represent and warrant that:

  • you own or otherwise, control all of the rights to any User Content;
  • use of any User Content supplied by you will not violate these Terms; 
  • the User Content will not cause injury to any person or entity; and 
  • you and any person whose image appears in the User Content are 18 years of age or older. You affirm, represent, and warrant that your User Content is in compliance with all terms and conditions of any third-party website, application, or service on which you post the User Content.

None of Instagram, Facebook, Pinterest, Youtube or LinkedIn are sponsors of, administrators of, or in any way endorsers of Athletic Cosmetic Company or its Products.


GEOGRAPHICAL RESTRICTIONS


The Services are provided for users in the United States. Although it may be possible to access the Services from other countries, we make no representation that our Services are compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Services will be appropriate for users in other countries or jurisdictions. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


LINKS TO OTHER WEBSITES

Links to third party content or websites may appear on our website from time to time. if the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. this includes links contained in advertisements, including banner advertisements and sponsored links. We are not responsible for the content of any websites accessible via any link(s) on our website (“linked sites”). We do not endorse or sponsor any linked sites or the information, products, or services contained on any linked sites. Linked sites are governed by their own terms of use and privacy policies. You may need to use or obtain additional products or services in order to use the linked sites, such as a mobile device, internet access, and a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission). All content on linked sites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.


MOBILE ACCESS


If you use a mobile device to access the Services, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to the use of your mobile device to access the Services and for obtaining and paying for such mobile device, including without limitation all usage charges related thereto, and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that mobile device service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. The Services may not work with all devices or all mobile carriers. We make no representations that the Services will be compatible with or provided by all mobile carriers. By accessing or using any Services via a mobile device, you agree to these Terms.

 

CALLS AND/OR TEXT MESSAGES

By providing your mobile phone number and opting in to receive SMS and/or text messages from Athletic Cosmetic Company, you consent to receive recurring automated marketing and transactional text messages from us, including messages sent using an automatic telephone dialing system or prerecorded technology, at the phone number provided.

Consent to receive marketing text messages is not a condition of purchase. Message frequency may vary. Message and data rates may apply depending on your mobile carrier and plan.

You may opt out of receiving text messages at any time by replying STOP to any message. For help, reply HELP or contact us at hello@athleticcosmetic.com.

Athletic Cosmetic Company and participating mobile carriers are not responsible for delayed or undelivered messages. Mobile messaging services may not be available in all areas or supported by all carriers.

By opting in, you also agree to our Privacy Policy and these Terms & Conditions.


PRODUCT INFORMATION

Athletic Cosmetic Company may offer products for purchase through the Services (“Products”). All Products should be used strictly in accordance with their instructions, precautions, and guidelines. 


Use by a child of any Product should be only after the child’s parent or legal guardian has discussed the Product with the child’s physician.


All materials and information presented by us through the Services are intended to be used for informational purposes only.  The content of the Services in no way constitutes medical advice, and you should consult with your own physician or health care provider if you have any medical questions regarding the Products or their use (including but not limited to potential allergic reactions).  Statements made about Products available through the Services have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not occur in all individuals. Such statements and Products sold through Athletic Cosmetic Company are not intended to diagnose, treat, cure or prevent any condition or disease.

 

 

YOUR PURCHASES 


GENERAL

All orders are subject to our acceptance or rejection based on product availability (which may vary based on shipping destination), noncompliance with these Terms or any other reason as determined in our sole discretion. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the Product or service is in stock or otherwise available on the price and terms published on the Service.  We may take steps to verify your identity to process your order and may limit or cancel quantities or Products purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. 


We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Services are correct, however, we cannot guarantee the Services’ accuracy and we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.  The images of the Products on the Services are for illustrative purposes only. Your Product and its packaging may vary slightly from its advertised images on the Services, as a result of your device’s display of color.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made, and we will either not charge you or will refund the charges for orders that we cancel or do not process. We further reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


PRICING

All prices displayed on the Services are quoted in U.S. Dollars, are exclusive of any applicable local, state, or federal taxes, and are valid and effective only in the United States. Shipping and handling fees, if any, will be reviewable prior to submitting your order. Product prices are subject to change without notice.


 

PAYMENT

All payments through the Services are processed using a third-party processor. If you wish to purchase a Product or any service made available through the Services, you may be asked to supply certain information relevant to your transaction, including without limitation your credit or debit card number, the expiration date of your credit or debit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us (or the third party collecting that information on our behalf) the right to provide such information to third parties for purposes of facilitating the completion of the transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the products as such costs are specified by us when you submit your order. After you place your order, we will send you a confirmation email.

We strive to provide accurate pricing information regarding the Products. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, not to process or to cancel any orders placed for a product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email and refund the payment for such order. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order, but sold out by the time we attempt to process the order. Should this happen, we will notify you by email, cancel the item from your order, and refund the payment for such order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email, cancel the item from your order, and refund the payment for such order.

We offer subscription services that may consist of an initial one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. BY CHOOSING A RECURRING PAYMENT PLAN, YOU ACKNOWLEDGE AND AGREE THAT (A) ATHLETIC COSMETIC COMPANY! (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (E.G., MONTHLY) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING US AT hello@athleticcosmetic.com. YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. All recurring payments are fully earned upon payment.

We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item unless otherwise specified in writing by us. We occasionally run promotions or provide limited-time offers for our Products. Please review the promotion or offer for eligibility and other terms and conditions.



SHIPPING

Athletic Cosmetic Company currently ships only to locations within the 50 United States, although some Products cannot be shipped to addresses in Alaska or Hawaii due to federal regulations. Shipments will be made via standard ground service unless otherwise specified at the time of purchase. All orders containing hazardous materials must be shipped via standard ground shipping methods and cannot be shipped via expedited shipping methods. The time period from order to delivery will vary depending on location.  

Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If we are unable to ship products within the time specified or thirty (30) days of a properly completed order, we may request your consent to a delay in shipping. Absent this consent, we will cancel your order and provide a refund, including shipping fees, within seven (7) working days.

It is your responsibility to provide us with complete and accurate delivery address information. We will not be liable if you supply us with incomplete or inaccurate information.

You will pay all shipping and handling charges specified during the ordering process. shipping and handling charges are reimbursement reimbursements for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. The costs of delivery will be as displayed to you on the Services before you finalize your order. Please check these carefully, you consent to this charge when you submit your order.

When your Product is shipped from our facilities, we will send you a confirmation email which will include an estimated delivery time. If we do not meet this delivery time, you are entitled to cancel your order by emailing us to hello@athleticcosmetic.com. We may offer you an alternative solution to reimbursement. In the absence of your consent for an alternative or in the absence of such an offer at all, we will refund all amounts paid, including shipping fees, within fourteen (14) working days after the date on which your order is terminated for non-timely delivery.

Your Products may arrive in separate parcels and may require a signature. Products will be your responsibility from the time we deliver the Products to the address you gave us. The risk of loss and title for Products purchased pass to you upon delivery.

If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you. If you believe a Product was delivered in a damaged or faulty state or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.


RETURNS AND EXCHANGES

Except for Products that are a final sale, we accept returns if you are not satisfied with any athelticcosmetic.com purchase. A Return Authorization is required to make a return for a refund or store credit. Customers have within 30 days of purchase to request a Return Authorization. Please contact hello@athleticcosmetic.com for further instructions along with the reason for return accompanied by your order receipt.

Upon receiving the returned Product from you, a refund will be credited by your original payment method for the price of your Product and sales tax, if applicable. All shipping and handling costs are non-refundable.

Only items purchased on athleticcosmetic.com may be returned or exchanged. Products purchased through athleticcosmetic.com may not be returned or exchanged at any retail location that sells Athletic Cosmetic Company products.

All other information regarding the purchase of Products from the Site can be found on the FAQ and Help Page located at www.athleticcosmetic.com, including our policies on shipping, billing, order acceptance, gift cards, returns and exchanges.


COPYRIGHT AND TRADEMARK


All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our Services and its contents, features, and functionality are either owned by us or licensed to us. all such rights are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights law intellectual property laws, and all rights are reserved. Any use of the Services and its contents, other than as specifically authorized herein, is strictly prohibited. any rights not expressly granted herein are reserved by us.

The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our Services (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. except as expressly provided in these terms, or in terms provided by the owner of a Third Party Mark, nothing in these terms or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trademarks will benefit us exclusively.

COPYRIGHT INFRINGEMENT CLAIMS

Athletic Cosmetic Company respects the intellectual property of others. Athletic Cosmetic Company's policy is to respond promptly to claims of copyright infringement on our Services. If you believe that your work has been copied on our Services in a way that constitutes copyright infringement, please contact us as set forth below to report possible copyright infringement.

If you believe that your work has been copied on our Site in a way that constitutes copyright infringement under United States copyright law, please submit a notification to Athletic Cosmetic Company's Copyright Agent (listed below).

Please provide the following information in your notification:

  1. The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work(s) that you claim has been infringed;
  3. A description of the location on the Site of the material that you claim to be infringing;
  4. Your address, telephone number, and email address;
  5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the information in your notification to Athletic Cosmetic Company is accurate and that you are authorized to act on behalf of the copyright owner.



Athletic Cosmetic Company's Copyright Agent can be reached as follows:

Mail:

Athletic Cosmetic Company LLC

Attn: Legal

1395 Brickell Avenue

Suite 800

Miami, Florida 33131


Email: legal@athleticcosmetic.com


This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on the Services.

Upon receipt of a valid notification of alleged copyright infringement by a third party, Athletic Cosmetic Company's policy is to remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to the material.

If a notice of copyright infringement has been filed against you, you may file a counter notification with Athletic Cosmetic Company's Copyright Agent at the address listed above.

To be effective, a counter notification must be a written communication provided to Athletic Cosmetic Company's Copyright Agent that includes the following:

  1. Your physical or electronic signature;
  2. A description of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or access to it was disabled;
  3. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed or disabled;
  4. Your name, address, telephone number, and email address; and
  5. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notification is received by the Copyright Agent, Athletic Cosmetic Company may send a copy of the counter notification to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the alleged infringer, the removed content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter notification, in Athletic Cosmetic Company's sole discretion.


THIRD PARTY SERVICES


The Services may contain links or access to third-party web sites or services that are not owned or controlled by us (“Third-Party Services”). A description or link to Third-Party Services does not imply our endorsement of the Third-Party Services; these descriptions or links are provided for your convenience only.


We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Services. You further acknowledge and agree we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Services.  Third Party Services are governed by their own terms of use and privacy policies. You may need to use or obtain additional products or services in order to use the Third Party Services, such as a mobile device, internet access, and a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission). All content on Third Party Services is outside of our control, and we do not represent or warrant that such content is related to us or our Services, suitable or appropriate for use or viewing, lawful or accurate.


INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY


INDEMNITY


You agree to release, indemnify, defend, and hold harmless Athletic Cosmetic Company, its affiliated companies and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, business associates, suppliers and representatives (the “Athletic Cosmetic Company Entities”) from and against any actual or threatened claims, actions, demands, liabilities, costs, damages, settlements, and expenses (including interest, penalties, and attorney, accounting and expert witness fees) (“Claims”) incurred by any Athletic Cosmetic Company Entity in any way arising out of or relating to your activities on or through our Services (or those acting on your behalf), your breach of these Terms, applicable law or our other policies referenced in these Terms, including but not limited to your use of the Site  or any of the Services or any use of your User Content that infringes the rights of third parties or otherwise gives rise to a Claim. Athletic Cosmetic Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, if Athletic Cosmetic Company assumes defense and control of such matter, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any Claims subject to indemnification by you.


DISCLAIMERS


EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, THE ATHLETIC COSMETIC COMPANY ENTITIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. THE ATHLETIC COSMETIC COMPANY ENTITIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ATHLETIC COSMETIC COMPANY ENTITIES MAKE NO WARRANTY OF ANY KIND ABOUT THE SERVICES OR CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, TITLE, AND NON-INFRINGEMENT. THE ATHLETIC COSMETIC COMPANY ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE SERVICES OR CONTENT. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ATHLETIC COSMETIC COMPANY ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE.  WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO ATHLETIC COSMETIC COMPANY ENTITY SHALL BE RESPONSIBLE FOR THOSE COSTS.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.  WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

YOU FURTHER ACKNOWLEDGE THAT THE ATHLETIC COSMETIC COMPANY ENTITIES ARE NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM ANY MISUSE OF ANY PRODUCTS OFFERED THROUGH THE SERVICES. YOU HEREBY AGREE NOT TO USE PRODUCTS FOR ANY ILLEGAL PURPOSE AND YOU ASSUME ALL LIABILITY FOR ANY ACTION YOU TAKE FOR ANY ACTION THAT IS CONTRARY TO THE TERMS OR ANY LAW, RULE, OR REGULATION OF ANY JURISDICTION.


LIMITATIONS ON LIABILITY


IN NO EVENT SHALL ANY ATHLETIC COSMETIC COMPANY ENTITY BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, STATUTORY OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION ARISING IN CONNECTION WITH, OUT OF, OR AS A RESULT OF (i) THESE TERMS OR THE SERVICES, AND (ii) ANY ACTS OR OMISSIONS OF ANY OF THE ATHLETIC COSMETIC COMPANY ENTITIES IN CONNECTION WITH THESE TERMS OR THE SERVICES. THE MAXIMUM REMEDY AVAILABLE TO YOU UNDER THESE TERMS AND IN CONNECTION WITH THE SITE AND SERVICES IS $250 IN THE AGGREGATE.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE ATHLETIC COSMETIC COMPANY ENTITIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

FOR NEW JERSEY RESIDENTS, THE LIMITATIONS SET FORTH ABOVE ARE INAPPLICABLE WHERE ATTORNEYS’ FEES, COURT COSTS, OR OTHER DAMAGES ARE MANDATED BY STATUTE.



LEGAL DISPUTES AND ARBITRATION AGREEMENT


PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ATHLETIC COSMETIC COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.


INITIAL DISPUTE RESOLUTION


We are available by email legal@athleticcosmetic.com or by certified mail addressed to Athletic Cosmetic Company 1403 SE Glencoe Court, Port Saint Lucie, FL 34952 to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Please include the following information in your communication: (a) your name, residence address, email address, and telephone number; (b) a description of the nature and basis of the claim; and (c) the specific relief sought. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.


AGREEMENT TO BINDING ARBITRATION


If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by American Arbitration Association (“AAA”), JAMS, or other similar arbitration service provider chosen by you and acceptable to us to administer the arbitration. To the extent consistent with the Federal Arbitration Act (“FAA”),   the appropriate AAA rules, JAMS rules, or other service provider rules shall apply, as determined by the arbitrator. For AAA and JAMS, these rules are found at www.adr.org and www.jamsadr.com, respectively.

Each party to the arbitration shall pay his, her, or its own costs of arbitration, unless otherwise required by the relevant arbitration rules. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules.

The arbitration shall be conducted on a confidential basis in accordance with the provisions of the applicable then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the FAA shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state arbitration act.


For any arbitration initiated by Athletic Cosmetic Company, Athletic Cosmetic Company will pay all JAMS fees and costs. Arbitration proceedings will be held in New York County, New York or may be conducted telephonically or via video conference for disputes alleging damages less than $500, in accordance with the applicable rules.


The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.


CLASS ACTION WAIVER


The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.


EXCEPTION – SMALL CLAIMS COURT CLAIMS


Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.


30 DAY RIGHT TO OPT OUT


You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of your decision to opt-out via email to hello@athleticcosmetic.com. The notice must be sent within thirty (30) days of your agreement to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the Terms. If you opt-out of these arbitration provisions, Athletic Cosmetic Company also will not be bound by them.


EXCLUSIVE VENUE FOR LITIGATION


Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New York County, New York (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to the exclusive jurisdiction of the state or federal courts located in New York County, New York for any litigation other than small claims court actions. The parties irrevocably consent to personal jurisdiction in the state or federal courts located in New York County, New York for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction in such courts in any litigation arising in connection with, out of, or as a result of (a) these Terms or the Services, and (b) any acts or omissions of any of the Athletic Cosmetic Company Entities in connection with these Terms or the Services.


TERMINATION, SURVIVAL


We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Services at any time and for any reason (including if we believe that you have engaged in any suspected fraudulent or abusive activity, or violated or acted inconsistently with the letter or spirit of these Terms) without prior notice or liability, including the right to reject any order you place for the purchase of Products, which may result in the forfeiture and deletion of all information associated with your account. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. 

Termination will not limit any of our other rights or remedies.  Any provision that is intended to survive termination shall survive termination of these Terms or your access to the Services or account.

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. You waive and hold harmless Athletic Cosmetic Company and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.


MISCELLANEOUS


APPLICABLE LAW


These Terms constitute a contract made solely over the Internet and you agree that the laws of the State of New York without regard to principles of conflict of laws will govern these Terms and any claim or dispute that has arisen or may arise between you and Athletic Cosmetic Company relating to use of any aspect of the Services.


ENTIRE AGREEMENT


These Terms and the terms and conditions incorporated in these Terms by reference are the entire agreement between you and Athletic Cosmetic Company.


SEVERABILITY


Except as provided in the Arbitration provisions above, if any provision of these Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected.


WAIVER

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.


INTERPRETATION


In construing or interpreting these Terms, headings are for convenience only and do not have any substantive meaning or interpretive value.


FORWARD-LOOKING STATEMENTS


The Services may contain forward-looking statements with respect to Athletic Cosmetic Company future events and business development. The forward-looking statements are not binding obligations or guarantees of Athletic Cosmetic Company, but are Athletic Cosmetic Company’s beliefs with respect to the subject matter. Athletic Cosmetic Company’s future actions or results could differ materially from those included in any forward-looking statement. It is our intent to regularly update the Services but make no commitment or warranty to do so.


ASSIGNMENT


You may not assign or transfer these Terms (or any of your rights or obligations under these Terms) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer these Terms. These Terms inure to the benefit of and are binding upon the parties and their respective legal representatives, successors, and assigns.


 

CONTACT US


We welcome your questions, comments, and concerns about these Terms or our Privacy Policy. You can contact us anytime via our site at hello@athleticcosmetic.com, or as follows:


Athletic Cosmetic Company


Toll-free 855-284-2328

Email hello@athleticcosmetic.com



Changes

These [Athletic Cosmetic Company] Terms are subject to change at any time without notice.