HOUSE OF LASHES (“HOL”) maintains this Site www.houseoflashes.com (“Site”), including our HOL mailing lists, HOL Consultations, HOL Lash Education programs, and all other information, communications, software, scripting, photos, text, graphics, images and other materials and services found on the Site (collectively "Content"), for the use by its customers, employees, and members of the general public.
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under the age of 18 or the age of majority in your jurisdiction, then you agree not to use or purchase on our Site, nor will you provide personal information to HOL, register on the Site, or request consultations or education from our Site or HOL representatives online. By accessing or using the Site, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms. If you do not agree to these Terms, you may not use this Site.
ACCEPTANCE OF TERMS and conditions to use our Site:
- In exchange for using Site, you agree to be bound by these Terms and shall comply with all applicable laws and regulations. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. If any provision of these Terms is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms.
- ACCEPTABLE USE. You shall not, at any time, (a) reverse engineer, decompile or disassemble any portion of the Site or tamper in any way with the operation of the Site, or (b) insert or make use of any type of disabling device including, but not limited to, viruses, worms, Trojan horses, time bombs, or any similar device that may impair, damage, or interfere with the proper working order of the Site. You acknowledge that HOL reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.
- NOT FOR RESALE. The products and/or services made available to you on the Site, and any samples that we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, if you purchase or otherwise receive such products from us. 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 and Conditions.
- ACCURACY OF INFORMATION. HOL uses every care to try and ensure that descriptions and prices are as accurate as possible; however, we do not warrant that the product descriptions, styles, colors, information, or other content used or available on the Site are 100% accurate, complete, reliable, current, or error-free. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience. For international orders, we additionally reserve the right to amend prices in the event of a change in VAT, in duty or international pricing. Please note that there may be some variation in the color and/or size of goods shown on the website due to the limitations of photographic and web processes and we cannot be held responsible for any variations in color that may arise caused by your browser or computer software.
- Intellectual property. All information and content available on this Site, including but not limited to the trademarks, logos and service marks ("Marks"), features, functions, text, graphics, designs, logos, button icons, images, media clips, data compilations and software thereof (collectively, the "Content") is HOL’s property or the property of third-party affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights, trademarks and patent law (“Intellectual Property”). You are not permitted to use the Marks or Intellectual Property, without the prior written consent of HOL or such third party which may own the Marks or Intellectual Property. Nothing on this Site should be interpreted, by implication or otherwise, as granting permission or license to use the Marks or Intellectual Property.
- HOL may revise or withdraw the Content, in whole or in part, at any time without notice. HOL may at any time revise these Terms by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Terms to which you are bound.
- LINKS TO THIRD PARTY WEBSITES. The Site may contain hyperlinks to websites operated by parties other than HOL. Such hyperlinks are provided for your reference only. HOL is not responsible for the content of any third-party websites even if they are linked to or from the Site. HOL does not control such websites and is not responsible for their contents. HOL's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. HOL is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such websites, whether actual, alleged, consequential or punitive. HOL makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
- DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; INDEMNITY. This site and its content and services are presented “as is.” hol nor its affiliates, partners, or licensors mae any representations or warrantes of any kind whatsoever, express or implied in connection with these terms or the site or its contents or services. IN NO EVENT WILL HOL, ITS affiliates, partners, SUPPLIERS, distributors OR OTHER related THIRD-PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, HOL WILL NOT BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00). IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You agree to defend, indemnify and hold HOL, our affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
- By accessing the Site, you agree that the statutes and laws of the United States and the State of California, without regard to conflicts of laws, will govern and apply to all matters relating to use of Site, to the Terms herein, and agree that these Terms are a contract wholly performed within California. Therefore, you agree that any litigation relating in any way to the use of the website shall be subject to the jurisdiction of the state or federal courts in Orange County, California. Those who access this Site from other countries outside of the United States do so at their own risk and are responsible for compliance with your own applicable local laws. HOL makes no representation that the Content in the Site is appropriate or available for use in other locations or that access to it from outside the Unites States is legal. As a condition of your use of the Site, you warrant to HOL that you will not use the Site for any purpose that is unlawful or prohibited by the terms, conditions, and notices contained herein. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF HOL OR OUR AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION OR MEDIATION IN SOUTHERN CALIFORNIA AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) AND/OR MEDIATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED.
- GENERAL; MISCELLANEOUS. You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms, please email us at firstname.lastname@example.org