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Terms Of Service

 

Revised and effective November 18, 2025

This agreement is entered into by and between you and Sigma Enterprises, LLC (“Company”, “we”, “us”, or “Sigma Beauty”), and, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of https://sigmabeauty.com/ (the “Site”) and any content, functionality, and services offered on or through the Service (collectively, the “Services”).

ATTENTION: Please read these Terms carefully. By using the Services or entering any transaction with Sigma Beauty, you accept and agree to be bound and abide by these Terms and you acknowledge the disclosures made in our Privacy Policy, found at https://sigmabeauty.com/pages/privacy-policy. If you do not agree to these Terms or wish for your personal data to be processed as described in the Privacy Policy, you must not access or use the Services or enter into a transaction with Sigma Beauty.

ATTRIBUTION AND CLASS WAIVER NOTICE

THESE TERMS CONTAIN AN ARBITRATION CLAUSE Terms and class action wavier (see “Dispute Resolution, Arbitration, Class Waiver” section below). Through your agreement to these Terms: (i) you and Sigma Beauty agree to resolve through binding, individual arbitration, and not in court, any and all disputes arising from or relating to any services or products provided, sold, purchased, managed, operated, or fulfilled by Sigma Beauty; and (ii) you and Sigma Beauty each expressly waive any rights to enforce this agreement in court or as a class, subject to the limited exceptions described below. THIS MEANS THAT ALL DISPUTES WILL BE DECIDED BY AN ARBITRATOR AND YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY. AS WELL AS THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

In addition to mandatory arbitration and class action waivers, these Terms include a disclaimer of warranties and limitation of liability, and indemnification by you, and a limitation on time to file claims. Please review those sections (and all other terms) carefully.

ONLINE ORDERS

When placing an order on our Service, you are offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order at any time prior to our having sent to you the confirming email referenced herein.

PAYMENT TERMS

All applicable prices are set forth alongside the goods and services offered on the Service. All prices are subject to change at any time by us in our sole discretion. You will be responsible for payment of the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; (ii) shipping and handling charges; and (iii) any other fees, surcharges, duties, or other amounts that we are required to collect in relation. Payment may only be made with a valid credit card, debit card, or use of a bona-fide electronic payment provider or through a third-party finance company (i.e., Affirm). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

SHIPPING INFORMATION

It is our responsibility to arrange for the shipment of your order to you at the address you provide when you complete your order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. Shipments are made subject to a shipping contract with a carrier. The risk of loss and title for items purchase from our Services passes to you upon delivery of the items to the carrier. See our Shipping and Delivery terms for more information.

RETURNS

All orders are subject to the Return Policy in place at the time the order is placed. By placing an order, you are acknowledging that you have read, understood and agreed to be bound by that Return Policy.

BUYER'S REPRESENTATIONS & WARRANTIES

You represent and warrant to us as follows: (i) that you have the right to enter into any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services through our Service for solely your own use, and not for resale and/or export. Please see our Marketplace Resale Policy for more information. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms of Service or restrictions on product use, resale, or other unauthorized use.

AGE LIMIT FOR ANY TRANSACTION AND USE OF THE SERVICE

This Service is offered and available to users who are 18 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

CHANGES TO THE TERMS

We may revise and update these Terms from time to time in our sole discretion. Unless otherwise stated at the time they are posted, all changes are effective immediately when we post them and will apply to all access to and use of the Service thereafter. By using the Service after an update to the Terms, you agree to the revised Terms. However, any changes to the dispute resolution provisions set out in Dispute Resolution, Arbitration, Class Waiver will not apply to any disputes of which the both parties have actual notice on or before the date the change is posted on the Service.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

ACCESSING THE SERVICE AND ACCOUNT SECURITY

We reserve the right to modify or discontinue this or any portion of our Service, any features or functionality, and any content or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users. You are responsible for:

  • Making all arrangements necessary for you to have access to the Service.
  • Ensuring that all persons who access the Service through your internet connection, device, or account are aware of these Terms and comply with them.

To access the Service or some of the features or functions, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy and you acknowledge that your personal information will be processed as set forth in our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information used to access your account or otherwise as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your username, password, or other security information. You agree to notify us immediately if you become aware of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit/log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms or to mitigate potential information security risks.

INTELLECTUAL PROPERTY RIGHTS

The Service and its entire contents, features, and functionality including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Service for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media sharing features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Service.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Service. You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.

If you wish to make any use of material on the Service other than that set out in this section, please Contact Us.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms is a breach and may violate copyright, trademark, and other laws.

TRADEMARKS

All trademarks, registered marks, service marks, and trade names used on the Service and all related names, logos, product and service names, designs, and slogans are proprietary of Sigma Beauty. You must not use such marks without our prior express written permission. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners. All goodwill in any trademarks, registered marks, service marks, and trade names inures to the benefit of the owner of the mark.

RESTRICTED ACTIVITIES

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair it or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service, or training artificial intelligence models.
  • Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Service.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Service.
UNAUTHORIZED RESELLERS

The products and services available on the Service, and any samples thereof that we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that Sigma Enterprises, LLC will track the purchases you make as a Sigma Beauty PRO Partners member, Authorized Retailer, through Service and Sigma Beauty Boutique. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms of Use.

Unauthorized reseller is anyone selling Sigma Beauty products outside of our website, authorized retail partners, or any unauthorized retail channel. Consumers are strictly prohibited from purchasing products on SigmaBeauty.com or from other approved Sigma Beauty sellers and reselling them on any unauthorized third-party Services (eBay, Amazon, Alibaba, etc.), drop-ship accounts (Buy.com, Newegg.com, Overstock.com, etc.), classified Services, or direct messages on forums. Unauthorized resellers harm Sigma Beauty's mission and brand by compromising our ability to provide our customers with the highest quality beauty products, many of which are backed by warranties.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Service may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Service.
  • Send emails or other communications with certain content, or links to certain content, on this Service.
  • Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Service other than the homepage.
  • Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE WEBSITE

If the Service contains links to other websites 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 have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

The owner of the Service is based in the state of Minnesota in the United States. We provide this Service for use only by persons located in the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We may restrict access to the Services from certain jurisdictions from time to time in our sole discretion.

MESSAGING TERMS AND CONDITIONS

(a)      General. You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from Sigma Beauty, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate.

Text message notifications may relate to your order (e.g. shipping and fulfillment) and other transactional messages, as well as marketing messages such as abandoned checkout reminders, text marketing offers, requests for reviews from us, and the like. If you consent, you may receive messages even if your mobile number is registered on any state or federal do-not-call list. 

Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply. Message frequency will vary. Sigma Beauty reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Sigma Beauty also reserves the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Sigma Beauty, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. 

By signing up for recurring automated marketing and information text, you also acknowledge the processing of Personal Information described in our SIGMA BEAUTY PRIVACY POLICY.

(b)      Cancellation. If you wish to unsubscribe from receiving text marketing messages and notifications, text the keyword STOP to 861-25 (US) or +1 (833) 708-2832 (CA) to cancel. After texting STOP to 861-25 (US) or +1 (833) 708-2832 (CA) or any other mobile message sent from us. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Sigma Beauty and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Sigma Beauty through any other programs you have joined until you separately unsubscribe from those programs.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

(c)      Mobile Phone Number Change. In the event that you change or deactivate your mobile phone number, you agree to notify Sigma Beauty by visiting https://help.sigmabeauty.com/en-US/contact.

(d)      Additional Information. For any questions, please text HELP to the number you received the messages from. You can also contact us at https://help.sigmabeauty.com/en-US/contact for more information. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy https://sigmabeauty.com/pages/privacy-policy to determine how we collect and use your personal information.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, Sigma Beauty, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “Sigma Beauty PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, except as otherwise agreed in writing by sigma beauty. THE Sigma Beauty PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE Sigma Beauty PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR service OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR service. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY Sigma Beauty PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE Sigma Beauty PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Contributions, any use of the Service’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

DISPUTE RESOLUTION, ARBITRATION, CLASS WAIVER

(a)      General. By using or purchasing Sigma Beauty products or services, you agree that any controversy, claim, action, or dispute between you and Sigma Beauty arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Sigma Beauty’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”) whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules. Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.

(b)      Exceptions. Notwithstanding subsection (a) above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of you or Sigma Beauty to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

(c)      Arbitrator. Any arbitration between you and Sigma Beauty will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Sigma Beauty. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

(d)      Notice; Process. If you or Sigma Beauty intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Sigma Beauty address for Notice is: 1395 Commerce Drive null Mendota Heights, Minnesota 55120, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Sigma Beauty will make good faith efforts to resolve the claim directly, but if you and Sigma Beauty do not reach an agreement to do so within 30 days after the Notice is received, you or Sigma Beauty may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Sigma Beauty must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Sigma Beauty will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Sigma Beauty for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Sigma Beauty agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Sigma Beauty made within 14 days of the arbitrator's ruling on the merits.

(e)      No Class Actions. YOU AND Sigma Beauty AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sigma Beauty agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

(f)      Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Terms, if Sigma Beauty makes any future change to this arbitration provision, other than a change to Sigma Beauty’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Sigma Beauty address for notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Sigma Beauty.

(g)     Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (e) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Terms shall remain in full force and effect.

FEEDBACK

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Sigma Enterprises, LLC an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including (without limitation) to improve the Service and create other products and services.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

ENTIRE AGREEMENT

You agree and understand that these Terms together with any other applicable click-through agreements you may have entered into regarding our Services constitute the sole and entire agreement between you and Sigma Beauty regarding your use of the Service, in the case of a sale, that transaction, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

CONTACT; NOTICES

This website is operated by Sigma Enterprises, LLC, 1395 Commerce Drive, Mendota Heights, Minnesota 55120.

Notices to You: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Service. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You agree to electronic communications for all

Notices from You: All notices of copyright infringement claims should be sent to: contact@sigmabeauty.com.

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: contact@sigmabeauty.com.