Terms of Service
These Terms of Service (“Terms”) govern your access to and use of our website, registration as a Member, and purchase of products from FU Holdings LLC (“FU Beauty”, “us”, “we”, “our”). By using our website, you agree to these Terms. Please read them carefully.
These Terms include an agreement to resolve disputes through arbitration, and by using our services or purchasing our products you agree to waive the right to a jury trial and participation in class proceedings for any dispute related to or arising from these terms or your purchase of any product from FU Beauty.
If you do not agree to these Terms, do not use our website, apply for Membership, or purchase products from our website.
Compliance status
Because of the hand-crafted nature of our skin health system, access to and purchase of our products is available exclusively through our Membership program. Membership is required to place subscription orders. Membership eligibility is based solely on our current manufacturing capacity and product availability, and is never determined by race, color, national origin, sex, gender identity, sexual orientation, religion, disability, age, marital status, socioeconomic status, or any other characteristic protected by law. If our Membership capacity is full, you may join the waitlist, but placement on the waitlist does not guarantee future Membership.
At this time, Membership is only available to residents of the United States.
You must be at least 18 years old to become a Member and purchase products from our website. By using our services, you represent and warrant that you meet this requirement.
Products and Orders
We strive to display product information accurately, including descriptions, prices, and availability. However, we do not guarantee that all product information is complete, current, or error-free.
By placing an order, you agree to provide accurate and complete information. We reserve the right to refuse or cancel any order at our discretion, including for suspected fraud or error.
Payments
All payments must be made at the time of purchase through our approved third-party payment processors. We do not store full payment card details. You agree to pay all charges associated with your order, including applicable taxes.
Membership is billed on a monthly basis to the payment method you provide. All Memberships renew automatically each month unless cancelled. By becoming a Member, you authorize FU Beauty to charge your payment method provided on a recurring monthly basis until you decide to cancel.
Returns and Refunds
Due to the nature of our products, we do not accept returns or issue refunds for products once they have shipped. All sales of our products are final. If you elected one of our pre-payment plans and decide to cancel your membership, a refund will be issued for any outstanding months that 1) were prepaid, and 2) for which product has not already shipped to you. Please review product descriptions carefully before making a purchase. This policy does not affect your statutory rights where applicable.
Shipping
We ship products only within the United States. Delivery times may vary and are estimates only. Risk of loss passes to you once the product is delivered to the shipping carrier.
Member Referrals
Members may receive referral invitations to pass on to family and friends at FU Beauty’s discretion. These invitations will be valid for limited duration and may only be accepted within the stated timeframe. If the invitations expire before acceptance, they cannot be reclaimed.
Ambassador Access
Ambassadors of FU Beauty may be given a limited number of Memberships to distribute at their discretion. Such allocations are not guaranteed.
Membership Termination
FU Beauty reserves the right to suspend or terminate a Membership if a member violates these Terms, or misuses or abuses FU Beauty Membership privileges.
Intellectual Property
All content on our website, including text, images, graphics, logos, and designs, is the property of our company or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.
Prohibited Uses
You agree not to use our website or services to:
- Engage in any unlawful activity or violate applicable laws and regulations.
- Interfere with or disrupt website security or functionality.
- Attempt to gain unauthorized access to our systems or customer data.
- Upload or transmit viruses, malware, or harmful code.
Disclaimers
Our website and products are provided on an 'as is' and 'as available' basis. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation of the website.
Limitation of Liability
To the fullest extent permitted by law, our company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, arising out of or related to your use of our website or purchase of products.
Indemnification
You agree to indemnify, defend, and hold harmless our company, its affiliates, and their officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your use of the website, products, or violation of these Terms.
Arbitration Agreement
One of our founders is an experienced legal professional and can tell you that legal disputes are expensive and emotionally taxing. To address this, you and FU Beauty mutually agree to address disputes by following dispute resolution procedures.
By agreeing to arbitration, you and FU Beauty agree that each may bring claims against the other in arbitration only and expressly waive the right to a trial by jury and agree that any dispute, claim, action, or controversy arising out of or relating to your use of our website, products, or these Terms of Service and our Privacy and Cookie Policies (collectively, “Dispute”) shall be resolved by a neutral arbitrator, not a judge or jury. You and FU Beauty further waive the right to participate in a class action, class arbitration, or other representative proceeding. Disputes must be brought on an individual basis only.
Before initiating arbitration, you and FU Beauty agree to first attempt to resolve any Dispute through good-faith informal negotiations. The party raising the Dispute must provide written notice to the other party, by first class or registered mail, setting forth the nature of the claim and the relief sought. Any relevant documentation should be included with the notice. The receiving party shall have thirty (30) days from receipt of such notice to respond in writing or attempt to settle the Dispute.
Notice to the Member will be sent to the billing address provided to FU Beauty. Notice to FU Beauty should be sent to:
FU Holdings LLC
405 N. French Rd., Suite 116
Amherst, NY 14228
info@FantasticYou.com
If the parties are unable to resolve the Dispute within thirty (30) days of the original notice, you and FU Beauty agree the dispute shall be resolved exclusively through binding arbitration administered by a mutually agreed-upon arbitration provider, in accordance with the Federal Arbitration Act (9 U.S.C. § 1 et seq.). You and FU Beauty will agree upon an arbitration provider within thirty (30) days following the expiration of the 30-day informal resolution period. Such arbitration provider shall accept consumer disputes (such as the American Arbitration Association (“AAA”)) and be convenient to both parties. A copy of the notice and a certification of completion of the informal dispute resolution process must accompany the arbitration demand.
The arbitration shall be conducted under the chosen provider’s applicable consumer arbitration rules, except as modified herein. The arbitrator shall have exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including whether any claim is subject to arbitration. The arbitration shall take place in New York State, County of Erie, unless the parties agree otherwise. The proceedings may be conducted in person, by written submissions, or by virtual hearing, at the arbitrator’s discretion.
The arbitrator’s decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. This arbitration agreement shall be governed by the Federal Arbitration Act and shall survive termination of your relationship with FU Beauty.
You may opt out of this arbitration provision by sending written notice within thirty (30) days of first accepting these Terms. If you opt out, you retain the right to pursue claims in court, but you waive the right to participate in a class action or jury trial. Notice of opt out should be sent by first class or registered mail to:
FU Holdings LLC
405 N. French Rd., Suite 116
Amherst, NY 14228
info@FantasticYou.com
This Arbitration Agreement shall be governed by, and interpreted and enforced in accordance with the Federal Arbitration Act, 9 USC § 1.
Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Should you opt out of the arbitration provision in these Terms, you agree all disputes shall be resolved exclusively in the state or federal courts located in Colorado.
Changes to These Terms
We may update these Terms from time to time. Any changes will be posted on this page with a revised 'Last Updated' date. By continuing to use our website after changes are posted, you agree to be bound by the updated Terms.
Contact Us
If you have any questions regarding these Terms, please contact us at:
FU Holdings LLC
405 N. French Rd., Suite 116
Amherst, NY 14228
info@FantasticYou.com