Terms of Use

Last Updated: January 3, 2023

These Terms of Service (these “Terms”) are a legal agreement between you and Pomp

Beauty, Inc. (“Pomp”, “we”, “our”, or “us”) governing your access to and use of the Pomp’s

websites (the “Sites”) and the online and offline services further outlined below which Pomp

agrees to provide to you in connection with the Sites (collectively, the “Services”), as well as

any subscription agreements related to the Pomp Services (each, a “Subscription”) executed by

you (“you” or “Professional”) or accepted by you via email, online or in App, and any community

guidelines that Pomp may provide, are all considered part of these Terms of Use. These Terms

of Use apply to any use of the Pomp Services, whether in connection with a Subscription or free

trial. Please read these Terms of Use carefully before using the Pomp Services.

You represent and certify that you are of legal age to form a binding contract and are not a

person barred from receiving Services Under the laws of the United States or other applicable

jurisdictions. To register as a user of the Services on your own behalf you must be 18 years of

age or over. If you are under the age of 18 but older than 13, you represent that your parent or

legal guardian has reviewed and agreed to these Terms on your behalf and that you will only

use the Services under your parent’s or legal guardian's supervision. Additionally, if you are

under the age of 18 but older than 13, you will only be permitted to use the Services For so long

as Pomp reasonably believes that such access has been consented to by your parent or

guardian. If you are under the age of13, you may not use or access the Sites or Services.

BY TICKING A BOX INDICATING ACCEPTANCE, COMPLETING THE REGISTRATION

PROCESS, OR BY OTHERWISE ACCESSING THE SITE OR USING ANY OF THE

SERVICES YOU AGREE TO BE BOUND BY THESE TERMS. YOU FURTHER

ACKNOWLEDGE THAT YOUR SUBMISSION OF THE CREDIT CARD PAYMENT FORM

SERVES AS YOUR AGREEMENT TO THESE TERMS.

In the case of inconsistencies between these Terms and information included in any other

materials related to the Sites or the Services(e.g., promotional materials and mailers), these

Terms will always govern and take precedence.

1. SERVICES

1.1. Description. The Services consist of the following,without limitation, access to and use of

Pomp’s proprietary online platform: for virtual skincare consultations and messaging with

estheticians and to purchase skin care products recommended by such estheticians.

1.2. Availability. Pomp uses reasonable efforts to ensure that the online features of the

Services are available 24 hours a day, 7 days a week. However, there will be occasions when

theServices will be interrupted for maintenance, upgrades and emergency repairs or due to

failure of telecommunications links and equipment that are beyond the control of Pomp. Pomp

will use reasonable commercial efforts to minimize such disruption where it is within the

reasonable control of Pomp. You agree that Pomp shall not be liable to you for any

unavailability, modification, suspension or discontinuance of the Service. You are responsible

for obtaining access to any Services and that access may involve third party fees(such as

Internet service provider or airtime charges). You are responsible for those fees, including those

fees associated with the display or delivery of advertisements. In addition, you must provide and

are responsible for all equipment necessary to access theServices.

1.3. Registration. You may access certain online features of the Services through your account

on the Sites (your“Account”). In order to register an Account, you must complete an initial

onboarding survey for Pomp. You may log into your Account using a unique username and

password. You are responsible for safeguarding your password and you agree not to disclose

your password to any third party. You are solely responsible for any activities or actions taken

under your username,whether or not you have authorized such activities or actions. You Agree

that the information that you provide to Pomp about yourself upon registration of your Account,

and at all other times, (“Customer Data”) will be true, accurate, current and complete, and you

further agree that you will maintain and promptly update the Customer Data to ensure that it

remains true, accurate,current and complete. You hereby consent to Pomp’s use of

CustomerData for any lawful business purpose and Pomp’s disclosure ofCustomer Data to its

employees, contractors, and other third parties. You may not impersonate any other person or

use a username or password that you are not authorized to use. Pomp reserves the right to

require you to change your password for any reason at any time. If you become aware of any

unauthorized use of your Account,you agree to notify Pomp immediately

athello@pompbeauty.com.

1.4. Site License. Subject to these Terms, Pomp grants you a personal, limited, revocable,

non-exclusive and non-transferable license to access and use the Sites and Services. This

license is exclusive to you and you may not sublicense the use of the Sites.Pomp expressly

retains all ownership rights, title and interest in and to all aspects of any software, Services and

the Sites,including, but not limited to, all current and future patents,copyrights, trademarks, trade

secrets, know-how, and other proprietary rights included or embodied in the Sites. You may not

modify the Sites, create derivative works of the Sites, or reverse engineer, reverse compile,

reverse assemble or do any other operation with the Sites that would reveal any source code,

tradesecrets, know-how or other proprietary information. This license shall not be construed or

interpreted as granting or providing rights to you to use, reproduce, modify, distribute,

perform,display, possess or control the source code or any other aspect of the Sites. You may

not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded

or embodied in the Sites or displayed by, on, or in the Sites. You may use the Sites only while

these Terms remain in effect. Under no circumstances shall you have any rights of any kind in

or to theSites after any termination or expiration of your agreement to theseTerms for any

reason.

2. USER CONTENT AND SUBMISSIONS.

2.1. Copyright in Your Content. In connection with your access to, or use of, the Sites or the

Services, you may have the opportunity to upload to the Site certain information, data,

text,photographs, graphics, video, messages, or other materials(collectively, “Content”). You

hereby consent to Pomp's Disclosure of Content to third parties. Pomp does not claim

ownership rights in any such Content that you make available. By Submitting your Content and

accepting the consideration set forth in these Terms, you unconditionally grant to Pomp a non-

exclusive,perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the

right to sublicense through multiple levels of sublicensees, under all of your intellectual property

rights in theContent, to (a) reproduce, create derivative works of, distribute,publicly perform,

publicly display, digitally transmit, and otherwise use the Content in any medium or format,

whether now known or hereafter discovered and (b) exercise any and all other present or future

rights in the Content. As between you and Pomp, you remain the owner of all Content that you

make available in connection with the Services. You represent and warrant to Pomp that you

are the owner of the copyright to the Content or that you have written permission from the

copyright owner to use such Content. In Addition, you warrant that all moral rights in any

Content have been waived. You agree to indemnify and hold Pomp harmless for any violation of

this provision.

2.2. Review of Content and Materials. While Pomp does not and cannot review all material on

the Sites, and is not responsible for its content, Pomp reserves the right to review all Content

and remove, delete, move, or edit Content that it, in its sole discretion, deems abusive,

defamatory, obscene, in violation of the law, including but not limited to copyright or trademark

law, or otherwise unacceptable. You hereby provide your irrevocable consent to such

monitoring and review. In addition, you acknowledge and agree that you have no expectation of

privacy concerning the transmission of your Content, including without limitation chat,text, or

voice communications. Pomp will not be liable for the Content of any submission.

3. PRICING AND PAYMENT.

You agree to pay Pomp in advance the applicable fees for the products sold by Pomp on the

Sites. All prices for products sold byPomp on the Sites are subject to change without notice.

Pomp will bill your credit card for all such fees. You will provide Pomp with accurate and

complete billing information including legal name,address, telephone number, and credit card or

debit card billing information. If such information is false or fraudulent, Pomp Reserves the right

to terminate your use of the Services and your access to the Sites in addition to seeking any

other legal remedies.Your agreement with your credit card or other payment provider governs

your use of the designated credit card and payment provider account, and you must refer to that

agreement and not these Terms to determine your rights and liabilities. By providing Pomp with

your credit card number or payment provider account and associated payment information, you

agree that Pomp is authorized to immediately invoice and charge your Account for all fees and

charges due and payable to Pomp for products hereunder and that no additional notice or

consent is required. Pomp is not responsible for any charges or expenses (e.g., for overdrawn

accounts, exceeding credit card limits, etc.) resulting from charges billed by Pomp. Allfees will

be paid in U.S. dollars and are due as set forth on theSites. Prices for products posted on the

Sites do not include taxes,levies, duties or charges for shipping and handling. ’You will be

responsible for payment of all such taxes, levies, or duties(excluding only United States (federal

or state) taxes based solely on Pomp’s income) and other charges. Except as otherwise

provided in this Section, Pomp’s other Services are initially made available without charge,

however, Pomp reserves the right to charge for theServices, or any component thereof. Any

fees for the Services will be posted on the Sites. You acknowledge that Pomp uses Stripe fortis

payment processing services and hereby consent to Stripe and its affiliates processing such

transactions on behalf of Pomp.

Fees for the Subscription (“Subscription Fees”) are set forth herein, online and/or in a separate

Subscription agreement entered into between you and Pomp. You agree to pay Pomp the

Subscription Fees and any other applicable fees that are agreed to by you. All fees paid to

Pomp are non-refundable and non-transferable with the exception of those explicitly provided

for in these Terms of Use. Unless otherwise stated, fees will be collected and must be paid for

in advance of each billing period.

By accepting these Terms of Use, you authorize Pomp to confirm that the credit card account or

any other payment method associated with your Account and used for the Pomp Services is in

good standing with a financial institution for the term of your use of the Pomp Services. Pomp

maintains the authority to obtain credit reports or run other background inquiries to assess the

Professional’s eligibility to continue usage of the Pomp Services. All balances, fees, charges

and payments collected or paid in connection with the Pomp Services are denominated in USD.

Users of the Pomp Services are liable for any taxes (if applicable, including VAT), required to be

paid on the Pomp Services provided for in this agreement.

Billing Cycle

Your Subscription to the Pomp Services commences on the date that you sign up for a

Subscription. Unless otherwise stated at the time of sign up, each Subscription runs on a one-

month cycle (“Subscription Period”) and will automatically renew monthly until you notify Pomp

via the Pomp Services or by email to estheticians@Pompbeauty.com of your decision to

terminate or unless we otherwise terminate the Subscription. You will be billed on the monthly

anniversary of the date during which your Subscription first began. For example, if your

Subscription begins on April 29th, it will renew on May 29th, June 29th, and so on. If your

Subscription begins on a date that is not present in every billing cycle (e.g. the 31st), you will be

billed on the last day of every month. Pomp may change the timing of our billing and we reserve

the right to modify the schedule at which you will be billed. The amount billed to you each month

may vary due to promotional offers and/or changing your Subscription plan and you

acknowledge these variations and authorize Pomp to bill you as necessary.

Subscription Pricing

Pomp reserves the right to adjust the Subscription pricing at any time and for any reason upon

fourteen (14) days prior notice. Unless otherwise stated, any price change to the Subscription

and your membership will be in effect on your next billing cycle. To continue to use the Pomp

Services, you must agree to any change in fees. If you do not agree to any change in fees, you

must cancel your account by following the appropriate cancellation policies or notifying

estheticians@Pompbeauty.com. You acknowledge that Pomp reserves the right to garner

feedback as to why you are canceling your account.

Trials

Pomp may offer trial memberships for varying lengths which may include free or discounted

access to the Subscription during such trial periods. Pomp reserves the right to end the

availability of trial memberships at any time and for any reason. After the trial period, you

acknowledge that your membership will automatically convert to a regular monthly Subscription

at the provided price unless canceled at least 48 hours prior to the end of your trial period. You

may cancel your Subscription by following the appropriate cancellation procedures within the

Pomp Services or contacting estheticians@Pompbeauty.com. You acknowledge that Pomp

reserves the right to garner feedback as to why you are canceling your account.

Subscription Cancellation

You may cancel your Subscription at any time. If you choose to cancel with more than 48 hours

notice prior to your next billing cycle, you will not be charged for the ensuing month of the

Subscription. For any questions related to your individual billing cycle, please log onto your

account to view your billing cycle information or contact us at estheticians@Pompbeauty.com.

You acknowledge that you are ineligible for a pro-rated refund or any amount of the

Subscription Fees paid for the then-current monthly subscription cycle at which you cancel.

After canceling, you will only have access to the Pomp Services through the end of your current

billing cycle.

Other Pomp Fees

Pomp may offer services for an additional fee that may help Professionals grow their business

and facilitate deeper connection and interaction between a Professional and his/her Clients.

4. ORDER ACCEPTANCE: RETURNS.

You acknowledge that your order for products on the Site is an offer to buy such products under

these Terms. By placing an order for products on the Site, you authorize All orders must be

accepted byPomp or we will not be obligated to sell the products to you. Yourreceipt of an

electronic or other form of order confirmation for products sold on the Sites does not signify

Pomp’s acceptance of your order, nor does it constitute confirmation of our offer to sell you such

products. Pomp reserves the right at any time after receipt of your order to accept or decline

your order for products for any reason. Pomp further reserves the right any time after receipt of

your order for products, without prior notice to you, to supply less than the quantity you ordered

of any product. Your order will be deemed accepted by Pomp upon delivery of the products that

you have ordered. Pomp may require additional verifications or information before accepting

any order for products. All sales of products are subject to Pomp’s then-current return policies,

as posted on theSites.

5. TITLE AND RISK OF LOSS.

All sales of products are made Ex Works (Incoterms 2020) Pomp's Designated point of

shipment, and title and risk of loss to each shipment of products shall pass to you when Pomp

(or its third party supplier) makes such shipment available to the carrier.

MANUFACTURER'S WARRANTY AND DISCLAIMERS.

Pomp does not manufacture or control any of the products on ourSites. The availability of

products through our Sites does not indicate an affiliation with or endorsement of any such

product or manufacturer. Accordingly, Pomp does not provide any warranties with respect to the

products offered on our Sites. If such products are covered by a manufacturer’s warranty,

please follow the instructions in the manufacturer’s warranty to obtain warranty service from the

manufacturer.

7. THIRD PARTY SOFTWARE AND LINKING.

Although we may make software, hyperlinks, applications,advertisements, and other products of

third-party companies available to you (collectively, “Third-Party Products''), your use of such

Third-Party Products is subject to the respective terms and conditions imposed by the third party

owning, manufacturing or distributing such products, and the agreement for your use will be

between you and such third party. Pomp is not responsible for anyThird-Party Products. Access

to and use of any Third-Party Products at your own risk and is solely determined by the

relevantThird-Party Product provider and is subject to such additional terms and conditions

applicable to such Third-Party Product. When you click on a link to a Third-Party Product, we

will not warn you that you have left the Site and are subject to the terms and

conditions(including privacy policies) of another website or destination. Pompmakes no warranty

with regard to the products or websites of another entity. Pomp has no control over the content

or availability of any third-party software or website. In particular, (a) Pomp Makes no warranty

that any third-party software you download or website you visit will be free of any contaminating

or destructive code, such as viruses, worms or Trojan horses and (b) it is your responsibility to

become familiar with any web site’s privacy and other policies and terms of service, and to

contact that site's webmaster or site administrator with any concerns.

8. SUSPENSION AND TERMINATION.

Pomp reserves the right to suspend or terminate your access to and use of the Sites and

Services, at any time, without notice, for any reason, including but not limited to (a) your breach

of these Terms,or any other policies or guidelines set forth by Pomp, or (b)Conduct that Pomp

believes is harmful to other users of the Sites orServices, or the business of Pomp or other third

party information providers. Further, you agree that Pomp shall not be liable to you or any third

party for any termination of your access to the Sites Or Services. Pomp reserves the right at any

time and from time to time to modify or discontinue, temporarily or permanently, theServices (or

any part thereof) with or without notice. You agree that Pomp shall not be liable to you or to any

third party for any modification, suspension or discontinuance of the Services.

9. PRIVACY.

Pomp respects the privacy of is users. Pomp collects, uses, and discloses information about

you in accordance with the Pomp PrivacyPolicy, which can be viewed by clicking on the

“Privacy Policy” link that appears at the bottom of each page of this Site or by

visitingwww.pompbeauty.com/privacy-policy (“Privacy Policy”) and you hereby consent to

Pomp’s use of such information in accordance with our Privacy Policy. You understand and

agree that, notwithstanding any measures taken to prevent unauthorized disclosure, use of or

connection to the Internet provides the opportunity for unauthorized third parties to circumvent

such precautions and illegally gain access to confidential information. Accordingly, Pomp cannot

and does not guarantee the privacy, security or authenticity of any information so transmitted

over or stored in any system connected to the Internet.

10. NO MEDICAL ADVICE.

In connection with the Service, estheticians will give you certain recommendations for skin care

based upon your Content and Customer Data. You acknowledge that all recommendations,

input, and other information obtained in connection with the Service are for informational

purposes only and have not been evaluated or approved by the U.S. Food and Drug

Administration or any other regulatory agency. The Sites and the Services are not a substitute

for any medical advice provided by your physician, and you should not use the Sites or Services

for preventing, diagnosing or treating a health problem, disease, or condition. Your skin care

decisions are your sole responsibility. Pomp representatives and estheticians are not trained

medical professionals and do not give medical advice. If You may have a health condition,

including, without limitation, dermatological condition, you should seek prompt medical

attention.If you believe the recommendations you are following or the products that you

purchased through the Sites are causing you harm, you should stop immediately and seek

medical attention.

11. DISCLAIMER OF WARRANTY.

THE SERVICES AND ANY PRODUCTS AVAILABLE THROUGH THE SITES ARE PROVIDED

ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND.

POMP EXPRESSLY DISCLAIMS ALL WARRANTIES,WHETHER EXPRESS OR IMPLIED,

WITH RESPECT TO THE SITES, ADVICE AND RECOMMENDATIONS BY ESTHETICIANS

THROUGH THE SERVICE, PRODUCTS RECOMMENDED AND/OR SOLD ON THE SITES,

OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT

AND ANY WARRANTIES ARISINGFROM COURSE OF DEALING OR COURSE OF

PERFORMANCE. POMP MAKES NO WARRANTY THAT THE SITES OR THE SERVICES

WILL BE UNINTERRUPTED,TIMELY, SECURE OR ERROR FREE, THAT THE SITES OR

OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE

SITES, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA ARE SECURE

FROM UNAUTHORIZED ACCESS, OR THAT THE SERVICES OR ANY PRODUCTS

PURCHASED THROUGH THE SITES WILL MEET YOUR REQUIREMENTS OR ACHIEVE

YOUR INTENDED RESULTS. POMP MAKES NO WARRANTY REGARDING ANY

SOFTWARE,GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR

SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITES OR

ADVERTISED THROUGH THE SITES. NO ADVICE OR INFORMATION GIVEN BY pomp, ITS

EMPLOYEES, CONTRACTORS (INCLUDING, BUT NOT LIMITED TO,ESTHETICIANS) OR

AFFILIATES WILL CREATE A WARRANTY.

12. RULES OF CONDUCT.

12.1. Distribution of Content. You agree that you will notdistribute any Content that: (a) is

defamatory, abusive, harassing,threatening, or an invasion of a right of privacy of another

person;is bigoted, hateful, or racially or otherwise offensive; is violent,vulgar, obscene,

pornographic or otherwise sexually explicit; orotherwise harms or can reasonably be expected

to harm any person orentity; (b) is illegal or encourages or advocates illegal activityor the

discussion of illegal activities with the intent to committhem, including a submission that is, or

represents an attempt toengage in, child pornography, stalking, sexual assault, fraud,trafficking

in obscene or stolen material, drug dealing and/or drugabuse, harassment, theft, or conspiracy

to commit any criminalactivity; (c) infringes or violates any right of a third partyincluding any

copyright, patent, trademark, trade secret or otherproprietary or contractual rights, right of

privacy (specifically,you must not distribute another person’s personal information of anykind

without their express permission) or publicity, or anyconfidentiality obligation; (d) is commercial,

business-related oradvertises or offers to sell any products, services or otherwise(whether or

not for profit), or solicits others (includingsolicitations for contributions or donations); (e) contains

a virusor other harmful component, or otherwise tampers with, impairs ordamages the Sites or

any connected network, or otherwise interfereswith any person or entity’s use or enjoyment of

the Sites; (f) doesnot generally pertain to the designated topic or theme of the Sites;or (h) is

antisocial, disruptive, or destructive, including“flaming,” “spamming,” “flooding,” “trolling,” and

“griefing” asthose terms are commonly understood and used on the Internet.

12.2. Use of the Services. You expressly agree that you aresolely responsible for any and all

acts and omissions that occurunder your Account or password, and you agree not to engage in

anyunacceptable uses of the Services, which include, withoutlimitation, use of the Services to:

(a) register for the Sites andthe Services if you have not acknowledged reading and agreed

toabide by these Terms and the Privacy Policy; (b) interfere, disruptor attempt to gain

unauthorized access to other accounts on theSites or any other computer network; (c) use the

Sites or theServices in connection with any commercial endeavors without ourprior written

consent; (d) post or give out any financialinformation or transmit electronically or physically any

money toother users; (e) create user accounts by automated means or underfraudulent or false

pretenses; (f) create or transmit unsolicitedelectronic communications such as spam to users or

promote anyproducts or services; (g) harass, threaten or intentionallyembarrass or cause harm

or distress to another person or group; (h)collect and publish any information about any of our

users; (i)adapt, modify or reverse engineer any portion of the Services or theSites; (j) use any

spider, robot, retrieval application, or anyother device to retrieve any portion of the Sites; (k)

disseminate,store or transmit viruses, worms, trojan horses or other maliciouscode or program;

(l) encourage conduct that would constitute acriminal or civil offense; (m) violate any applicable

federal,state, local or international law or regulation; (n) exploit anyperson, including but not

limited to exploiting any child under 18years of age; (o) invade the privacy of any person,

including butnot limited to submitting personally identifying or otherwiseprivate information about

a person without their consent (or theirparent’s consent in the case of a child under 13 years of

age); (p)submit false or misleading information to Pomp, the Sites or otherusers; or (q) engage

in any other activity deemed by Pomp to be in conflict with the spirit of these Terms and the

Privacy Policy.

12.3. Membership. We cannot and do not assure that other users are or will be complying with

the foregoing Rules of Conductor any other provisions of these Terms, and, as between you

and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

You are solely responsible for your interactions with other users of the Site and Service and any

other parties with whom you interact with through the Service; provided, however, thatPomp

reserves the right, but has no obligation, to intercede in any disputes between you and such

third party. You agree that Pomp will not be responsible for any liability incurred as the result of

such interactions

13. PROPRIETARY AND PRIVACY PROTECTION FOR OTHER USERS CONTENT ON THE

SITES.

Pomp hereby notifies you that all the information, content, image files, software and materials

on the Sites may be protected by U.S.and international copyright and other intellectual property

laws and by other applicable laws, including privacy laws. Pomp is unable to provide you with

permission to copy, display or distribute material for which you do not own the copyright or other

intellectual property rights. You may not copy or distribute such material without the written

consent of the owner, and you are solely responsible for any copyright or other intellectual

property law violations that you may incur as a result of your activities on theSites. Pomp has

the absolute right to terminate your account or exclude you from any Site if you use our

Services to violate the intellectual property rights or other rights of third parties. You Agree to

indemnify and hold Pomp harmless for any violation of this provision.

14. INDEMNITY; LIMITATION OF LIABILITY.

14.1. You agree to indemnify, and hold Pomp, its officers,directors, employees and agents,

harmless from and against any claims, liabilities, damages, losses, and expenses, including

without limitation reasonable attorney’s fees and costs, arising out of or in any way connected

with (a) your access to or use of theSites or Services; (b) your violation of these Terms; (c) your

violation of any third party right, including without limitation any intellectual property right or any

publicity, confidentiality,property or privacy right; or (d) any claim that your use of theSites or

Services caused damage to a third party.

14.2. YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THESITES OR

SERVICES AND ANY RELIANCE UPON EITHER, INCLUDING, BUT NOT LIMITED TO, THE

ADVICE AND RECOMMENDATIONS PROVIDED BY ESTHETICIANSAND USE OF ANY

PRODUCTS SOLD THROUGH THE SITE IS AT YOUR SOLE RISK,THAT POMP WILL NOT

BE LIABLE FOR ANY NEGATIVE CONSEQUENCES RESULTING FROM YOUR USE OF THE

SERVICES, INCLUDING, BUT NOT LIMITED TO BODILY HARM THAT RESULTS FROM

ESTHETICIAN RECOMMENDATIONS, PRODUCTS PURCHASED THROUGH THE SITES,

SKIN SENSITIVITIES, OR MEDICAL CONDITIONS, AND THAT YOU ASSUME FULL

RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR

REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE

SITES OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY

APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL POMP BE LIABLE FOR ANY

INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES

FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF POMP

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM

THE USE OR THE INABILITY TO USE THE SITES, PRODUCTS SOLD ON THESITE, OR

THE SERVICES, INCLUDING BUT NOT LIMITED TO CONSULTATIONSWITH

ESTHETICIAN’S THROUGH THE SERVICE, FROM ANY CHANGES TO THESITES OR THE

SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR

TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME

AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND

SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY

HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM

THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY

BE DISCLOSING SENSITIVE,PRIVATE AND CONFIDENTIAL INFORMATION ABOUT

YOURSELF IN YOUR USE OF THE SITES AND THE SERVICES AND YOU AGREE TO

ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR

CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.

14.3. OTHER THAN POMP’S RETURN POLICY FOR PRODUCTS POSTED ON THE SITE, IF

YOU ARE DISSATISFIED WITH THE SITES, THE PRODUCTS, ORTHE SERVICES OR WITH

ANY OF THESE TERMS, OR FEEL POMP HAS BREACHED THESE TERMS, YOUR SOLE

AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES, THE PRODUCTS,

AND THE SERVICES. THE TOTAL LIABILITY OF POMP TO YOU FOR ANY CLAIM ARISING

FROM OR RELATING TO THESE TERMS ORUSE OF THE SITES, THE PRODUCTS, OR

THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES

AND PRODUCTS PURCHASED THROUGH THE SITE, IF ANY, DURING THE 12 MONTHS

PRECEDING THE EVENTS GIVING RISE TO LIABILITY. IT IS THE INTENTION OF YOU AND

POMP THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST

LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.

14.4. . SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF

INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SOSOME OF THE

ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. GENERAL.

15.1. Modifications.

Pomp may modify these Terms at any time. Modifications become effective immediately upon

your first access to or use of the Sites Or Services after the “Last Updated” date at the top of

these Terms.If you have created an Account, we shall notify you of any material changes to

these Terms by email sent to the address you have provided to Pomp for your Account. Your

continued access to or use of the Sites or Services after the modifications have become

effective will be deemed your conclusive acceptance of the modifiedTerms. If you do not agree

with the modifications, do not access or use the Sites or Services.

15.2. Electronic Communications.

The communications between you and Pomp may take place via electronic means, whether you

visit the Sites or send Pomp e-mails,or whether Pomp posts notices on the Sites or

communicates with you via email. For contractual purposes, you (a) consent to receive

communications from Pomp in an electronic form; and (b) agree that all terms and conditions,

agreements, notices, disclosures, and other communications that pomp provides to you

electronically satisfy any legal requirement that such communications would satisfy if it were to

be in writing. The foregoing does not affect your statutory rights, including but not limited to the

ElectronicSignatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.

15.3. Text Messaging Services.

Without limiting the foregoing, we may offer communications via calls, SMS text messages or

similar technology subject to our receipt of any consents from you required by applicable law.

These Communications may be sent or initiated by Pomp or any of its consultants or other

service providers, such as when estheticians communicate with you in advance of a

consultation. Message and data rates may apply. Message frequency may vary according to

how you interact with our Sites and Services.To stop receiving text messages from Pomp,

reply STOP to any message you receive from Pomp.You agree we may send you a

message to confirm your receipt of yourSTOP request. You can also opt-out of Pomp text

messages by emailing your request and mobile telephone number tohello@pompbeauty.com.If

you want to join again, just sign up as you did the first time and we will start sending text

messages to you again. You Acknowledge and agree that our Site and Services may not

recognize and respond to texts unsubscribe requests that do not include theSTOP keyword and

agree that Pomp will have no liability for failing to honor such requests. For assistance with any

text message issues,you can also contact our customer assistance team by emailing us

athello@pompbeauty.com.Not all mobile devices may be supported and text messaging may

not be available in all areas. Pomp and the mobile carriers supported through our Services are

not liable for delayed or undelivered text messages, text messages delivered to the wrong

number, or inaccurate or incomplete content in a text message. We are not liable for your use or

reliance on the content of any text message. If you have any questions about your text plan or

data plan, it is best to contact your wireless provider.

15.4. Applicable Law and Dispute Resolution.

These Terms shall be governed by the laws of the State of Colorado Without giving effect to any

conflict of laws principles that may require the application of the law of another jurisdiction. If

you believe that Pomp has not adhered to these Terms, please contact us by e-mail at

hello@pompbeauty.com. We will do our best to address your concerns. If you feel that your

complaint has been addressed incompletely, we invite you to let us know for further

investigation. If you and Pomp are unable to reach a resolution to the dispute, you and Pomp

will settle the dispute exclusively under the rules of the American Arbitration Association

(www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final

and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO

ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A

JURY TRIAL. You and Pomp agree that any arbitration will be limited to the dispute between

Pomp and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND POMP ARE

EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN

ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further,unless

both you and Pomp otherwise agree in writing, an arbitrator may not consolidate more than one

person’s claims, and may not otherwise preside over any form of any class or representative

proceeding. Regardless of any statute or law to the contrary, any claim or cause of action

arising out of or related to the use of theSites or the Services or these Terms must be brought, if

at all,within one year from the accrual of the claim or cause of action or be forever barred.

15.5. No Resale of Services.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial

purposes, any portion of the Services,use of the Services, or access to the Services.

15.6. Independent Contractors.

No joint venture, partnership, employment, or agency relationship exists between you and Pomp

as a result of these Terms or use of theSites or the Services.

15.7. Enforcement.

If any legal action is brought to enforce these Terms, the prevailing party will be entitled to

reimbursement of its attorneys fees, court costs, and other collection expenses, in addition to

any other relief it may receive from the other party.

15.8. Force Majeure.

Pomp will not be liable by reason of any failure or delay in the performance of its obligations

hereunder on account of strikes,shortages, riots, insurrection, fires, flood, storm, explosions,acts

of God, war, governmental action, labor conditions,earthquakes, material shortages or any other

cause which is beyondPomp’s reasonable control.

15.9. Waiver.

The failure of Pomp to enforce any right or provision in these Terms Will not constitute a waiver

of such right or provision unless acknowledged and agreed to by Pomp in writing.

15.10. Construction.

The headings of Sections of these Terms are for convenience and are not to be used in

interpretation.

15.11. Contact.

Pomp is located in Denver, CO, USA. Any questions, comments or suggestions, including any

report of violation of these Terms should be provided to the Administrator as follows:

By Email: privacy@pompbeauty.com

By Postal Mail:

Pomp Beauty, Inc.

PO Box 100802

Denver, CO 80250

15.12. Entire Agreement.

These Terms constitute the entire agreement between you and Pomp and govern your use of

the Sites and the Services, superseding any prior agreements between you and Pomp. The

failure of Pomp to exercise or enforce any right or provision of these Terms shall not constitute a

waiver of such right or provision. If any provision of these Terms Is found by a court of

competent jurisdiction to be invalid, you andPomp nevertheless agree that the court should

endeavor to give effect to the parties’ intentions as reflected in the provision, and the other

provisions of these Terms shall remain in full force and effect.