Please read these Terms of Service and Conditions carefully before using this website (www.EmbeLashes.com) and the services and products. DBA EmbeLashes ("EmbeLashes"). These Terms of Service and Conditions govern all use of this website and all content, services, and products available at or through this website. This website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this website by EmbeLashes. This website is owned and operated by EmbeLashes.
These Terms of Service and Conditions shall be deemed an Agreement that contains the complete terms and conditions that apply to your use of this Website and the services and products provided through this website. This Agreement describes and encompasses the entire agreement between EmbeLashes and you, the user of this website and EmbeLashes services and products provided through this website. Further, this Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this website, the content and the software programs provided by or through the website, and the subject matter of this Agreement.
If you desire to become a member of the website and receive the services and products provided by through the website please read these Terms of Service and Conditions carefully before using this website and EmbeLashes services and products. By accessing this website or using any part of the website or any content or services and products hereof, you agree to become bound by these Terms of Service and Conditions. EmbeLashes reserves the right to make amendments to this Agreement, and such amendments can be made and effected by EmbeLashes from time to time without specific notice to you. This Agreement as posted on this website reflects the latest agreement in effect and you should carefully review the same before using this website.
This website including its applications, tools, services, and products are intended for access and use by individuals who are at least thirteen (13) years old and above. By accessing and using this website including EmbeLashes tools, applications, services and products, you warrant and represent that you are at least thirteen (13) years old and with full authority, right, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
PROPER USE OF THE WEBSITE AND PROHIBITIONS
You understand and agree that you will use this website including its tools, applications, services, and products with full sense of responsibility and in a manner that is consistent with these Terms of Services and Conditions and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use this website and its services and products in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
EmbeLashes may, in its sole discretion, has the right to remove content and suspend, terminate, deactivate, or refuse registration or access to your account at any time, without notice and without liability, for any reason, including but not limited to violations of this Agreement, infringing on Intellectual Property and inactivity.
EmbeLashes reserves the right to monitor and review your account, content and activity for compliance with this Agreement. EmbeLashes may terminate or suspend your account or ability to use this website and its services and products if you breach this Agreement, and EmbeLashes may remove any content that is unlawful, offensive, threatening, libelous, defamatory, obscene objectionable or violates any party’s intellectual property rights.
You may view, download for collection purposes only, and print pages or other contents from the website for you own personal use, subject to the restrictions set out below and elsewhere in these Terms of Service and Conditions.
- You must not use EmbeLashes website, including its services and or tools if you are not able to form legally binding contracts, are under the age of 13 or are temporarily or indefinitely suspended from using our websites, services, products, and tools;
- You cannot republish, sell, rent or sub-license any materials from this website including republication on another website.
- You cannot reproduce, duplicate, copy or otherwise exploit material on this website for any commercial purposes; or
- You cannot use this website in any way that causes, or may cause, damage or this website or impairment or the availability or accessibility of this website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal fraudulent or harmful purpose or activity.
FIRST MONTH FREE
You may sign up to a receive your first month free (Trial) which allows you to receive a sample product. In order to obtain a first month freel, you will need to register with the website and follow the prompts on screen to set up the first month free.
There is no obligation to purchase a Subscription following the first month free however we do require your credit or debit card details in order to grant you the first month free. Upon registration for a first month free shall be asked to select which type of Subscription you would like to base your first month free on. If you do not cancel your subscription prior to the expiry of the first month free period you shall automatically be charged for the Subscription selected on registration for the first month free and we will take payment accordingly. You may, at any time during the First month free, cancel the by signing in to your account online and un-ticking the "Auto-renew my subscription" box or by emailing email@example.com.
First month free is limited to one per household and we reserve the right to reject a request for a first month free if we have reasonable grounds to think that you have already participated in one.
As a requirement of becoming a member of this website and using the websites tools, applications, services, and products, you must register with the website and be required to provide password and user name. You must complete the full registration process and shall provide the site with accurate, complete and updated registration information. Failure to do so shall constitute a breach of these Terms of Service and Conditions, which may result in immediate termination of your account.
As a registered member of this website, you are entirely responsible for maintaining the confidentiality of your password. You agree not to use your Member Account, Member Profile, username, or password of another member at any time. You agree to notify Embelashes immediately if you suspect any unauthorized use of Member Account, Member Profile, username, or password. You are solely responsible for any and all use of you Member Account and Member Profile. You must not transmit worms or viruses or any code of destructive nature. Should it come to EmbeLashes attention that you have engaged in such behavior, EmbeLashes reserves all rights under the law to seek legal action for any and all damages or injuries caused by such behavior. Any information provided by you or gathered by this website or third parties during any visit to this website shall be subject to the terms of this website.
Moreover, you may not register for more than one Member Account or have more than one Member Profile. Nor may you register for a Member Account or set up a Member Profile on behalf of an individual other than yourself or on behalf of any group or entity. Furthermore, you may not use or attempt to use another’s Member Account without authorization from us or create a false identity on this website and use the services provided through this website and EmbeLashes on a false pretense. For groups interested in receiving EmbeLashes products or undertaking group sales, contact firstname.lastname@example.org.
Members on this website are prohibited from using this website and services provided in connection with any commercial endeavors or ventures. Juridical individuals or entities, including but not limited to, organizations, companies, and/or businesses may not register to become Members of this website or set up Member Profiles and should not use the website for any purpose.
ACCEPTANCE OF AN ORDER
An order becomes binding when you enter all of the necessary data has been entered, you have confirmed acceptance of these Terms of Service and Conditions, and you have clicked the “Submit” button. Up until the moment you click “Submit”, you can change your order and the data associated with your order at any time.
Embelashes reserves the right, without notice, to make product substitutions when necessary provided such substitutions are similar in style, nature and quality.
Embelashes also reserves the right to not to accept an order. The decision is made at the discretion of EmbeLashes. If an order is not executed, Embelashes will inform you by email.
The confirmation of receipt does not constitute a purchase contract, the confirmation of receipt only documents that your order has been received by us.
The delivery of the ordered merchandise will be made to the delivery address specified by the ordering party.
You can choose from a number of different payment types:
- American Express
Please note that agreements you may have with your credit institute or other institutions may result in additional costs for electronic transfers, holding an account, etc.
EmbeLashes reserves the right to limit the use of the payment methods named above to one or more of the options listed.
LINKS AND FRAMING
Illegal and/or unauthorized uses of this website and the services and products provided through the website, including unauthorized linking to or framing of the website will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the website and you are allowed to establish a hyperlink to appropriate parts within the website provided that:
- You post your link only with the forum, chat, message board section
- You do not remove or obscure any advertisements, copyright notices or other notices placed on the website
- The link does not state or imply any sponsorship or endorsement of your website
- You immediately stop providing links to the website on written notice from EmbeLashes
However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of the website’s content providers does not have its own policies regarding direct links to their content on this website.
WARRANTY DISCLAIMER AND EXCLUSIONS/LIMITATIONS ON LIABILITY
You represent and warrant that (a) all of the information provided by you to this website is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
You hereby accept and agree that it is beyond Embelashes control, and Embelashes has no duty to take any action regarding which users gain access to the website or use this website’s services and products what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release EmbeLashes from all liability for you having acquired or not acquired content through this website or the services and products provided through this website.
It should be noted that this website and/or the services provided through this website may contain, or direct you to other websites containing, information that some people may find offensive or inappropriate. EmbeLashes makes no representations concerning any content contained in or accessed through this website or the services and products provided through this website, and EmbeLashes will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the website or the services and products provided through this website. The views expressed by our partners, affiliates and websites accessed through this website are not necessarily the views of EmbeLashes and therefore shall not necessarily be attributed to EmbeLashes.
IN ALL CIRCUMSTANCES EMBELASHES MAXIMUM LIABILITY IS LIMITED TO $250. EMBELASHES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES , WHETHER UPON A CLAIM OR ACTION IN CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. EMBELASHES SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR PERSONAL INJURY, DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGES TO EXEMPLARY DAMAGES, WHETHER OR NOT EMBELASHES HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
FURTHER, IN NO EVENT WILL EMBELASHES BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR : (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR INTERRUPTION OF USE OR LOSSS OR CORRUPTION OF DATA. THE FOREGOING SHOULD NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
In addition, EmbeLashes makes no representation that the operation of the website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. EmbeLashes may change, restrict access to, suspend or discontinue the website, its services or any part thereof at any time. The information, content and services on the website are provided on an “as is” basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.
You agree to indemnify and hold harmless EmbeLashes, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the websites and the services and products provided through the website, including but not limited to your violation of this Agreement.
INTELLECTUAL PROPERTY RIGHTS
There are instances in which this website allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such material, EmbeLashes, along with its users, need to protect the rights of those who share their creations on this website. Although EmbeLashes makes the website freely accessible, EmbeLashes does not intend to give up its legal rights, or anyone else’s legal rights, to the materials appearing on the website. The materials available on the website shall remain the property of EmbeLashes and /or its licensors, and are protected by copyright, trademark, and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained the website or anything retrieved or downloaded from them.
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the website, and that you will not acquire any right, title, or interest in or to the website except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to this website and its services and products, or proprietary information related there to.
By submitting content on the website or otherwise for EmbeLashes services and products, you hereby do and shall grant EmbeLashes, a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute derivative works of, display, perform, and otherwise fully full exploit the content in connection with the website, the services provided through the website and EmebLashes (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) or the service in any media formats and through any medial channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant to each user of this website and /or the services of this website a non-exclusive license to access your content through the website and the services and products provided through the website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such content in connection with their use of this website and the services and products provided through the website.
You may cancel your Member Account or discontinue your Member Profile at any time. There are no cancellation fees. If you cancel your Member Account or discontinue your Member Profile between the 1st and 15th day of the month, then your membership, Member Account, and/or Member Profile shall cease immediately after submitting your cancellation request and you should not incur any additional fees or charges. In the event that you cancel your Member Account or discontinue you Member Profile after the 15th day of the month, then your membership, account and/or profile will be cancelled effective the 1st of the following month. Furthermore, if you submit a cancellation request and an order has already been processed on your behalf, then you will be charged for that order and the items ordered will be delivered. Please note that in the event the payment for your order is unable to be processed after two attempts, then no shipment will be sent and your account will be cancelled immediately.
To cancel your Member Account, please email email@example.com
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer is proprietary information of EmbeLashes. Such customer information is confidential and may not be disclosed by EmbeLashes, except as reasonably required for EmbeLashes to conduct its primary business. EmbeLashes agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody without EmbeLashes express written consent, and any such attempt without EmbeLashes written consent may result in termination of this Agreement, without liability to EmbeLashes. However, Embelashes may assign this Agreement to any person or organization at any time without notice.
WAIVER AND SEVERABILITY OF TERMS
Failure of EmbeLashes to insist upon strict performance of any of these Terms of Service and Conditions and the covenants provided herein shall not be deemed a relinquishment or waiver of any rights or remedy that EmbeLashes may have, nor shall it be construed as a waiver of any subsequent breach of these Terms of Service and Conditions and the covenants provided herein, which shall remain in full force and effect at all times.
No waiver by either party of any breach of any provision herein shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
I the event that any provision of these Terms of Service and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provisions shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms of Service and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed and construed in accordance with the substantive laws of the Commonwealth of Pennsylvania, without any reference to conflict-of laws principles. This Agreement describes and encompasses the entire agreement between EmbeLashes and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the contents and materials provided by or through this website as well as the services provided through this website, and subject matter of this Agreement. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
CHOICE OF LAW/JURISDICTION
Any dispute, controversy or difference which may arise between the parties to this Agreement out of, in relation to, or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the state and federal courts of New York to the exclusion of any other courts with giving effect to its conflict of laws provisions or your actual state, territory or country of residence.
This Agreement will remain in full force and effect while you use the website and the services and products provided through this website. You may terminate and/or discontinue your membership, Member Account or Member Profile at any time for any reason by following the instructions on the website. EmbeLashes may terminate and/or discontinue your membership, Member Account or Member Profile for any reason at any time. If you are using a paid version of the services and products provided through this website and EmbeLashes terminates your membership and/or Member Account because you have breach the Agreement, you will not be entitled to any refund or unused subscription fees. Even after your membership and Member Account are terminated certain sections of this Agreement will remain in full force and effect.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 1306 S Central Ave Visalia California US 93277
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org