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TERMS & CONDITIONS
Thank you for visiting the Beauty & Spa Concept Web site (the "Site").
The Site is designed to provide a convenient, private and informative
shopping experience for consumers to purchase products essential to healthy,
everyday living. Beauty & Spa Concepts want each visitor to the Site ("you")
to have a safe, pleasurable visit, so we have established
the following terms and conditions so that we (we and you) know what to
expect from each other. By using the Site you agree to be bound by the
terms set forth herein. We may make changes to the Site, these Terms of
Use, or the policies and conditions that govern the use of the Site at
any time. We encourage you to review the Site and these terms periodically
for any updates or changes. Your continued access or use of the Site shall
be deemed your acceptance of these changes and the reasonableness of these
standards for notice of changes.
PRIVACY
Please review our Privacy
Policy, which also governs your visit to the Site, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications we provide
to you electronically satisfy any legal requirement that such communications
be in writing.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the checkout form
for your account information (the "Account Information") and (b) maintain and
promptly update the Account Information to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or we have reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, we may suspend or terminate
your account and refuse any and all current and future use of the Site. Account
Information and certain other information about you is subject to our Privacy
Policy. For more information, please see our full privacy policy.
You will receive a password and account designation when
you have completed the Account Information. You are responsible for
maintaining the confidentiality of the password and account and are
fully responsible for all activities that occur under your password
or account. You agree to immediately notify us of any unauthorized use
of your password or account or any other breach of security.
YOUR CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits any other
user from using or enjoying the Site will not be permitted. You agree to use
the Site only for lawful purposes. You are prohibited from posting on or transmitting
through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically,
or otherwise objectionable material of any kind, including but not limited to
any material that encourages conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any applicable local, state,
national, or international law.
You agree that your use of robots, spiders, crawlers, wanderers, Web agents and
other such automated processes on the Site will be Standard for Robot Exclusion
(SRE) -compliant robots ("robots") and when connecting to the Site, prior to
downloading or indexing any pages on the Site, such robots will immediately visit
http://www.beautyandspaconcepts.com/robots.txt ("the robot.txt file"). You understand
that the robots.txt file is the only means by which robots are authorized to
access the Site. You agree not to violate any of the robot access policies and
acknowledge that any violation of the policies may result in termination of your
access to the Site, deactivation or deletion of your account and all related
information and files in your account, and preclusion of any further access to
such files or the Site, without prior notice.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Site, use of the Site, or access to the
Site.
You agree not to access the Site by any means other than through the interface
that is provided by us for use in accessing the Site.
SITE CONTENT
You acknowledge that the Site contains information, data, software, photographs,
graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content")
that are protected by copyrights, trademarks, or other proprietary rights, and
that these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a collective
work under the U.S. copyright laws, and we own a copyright in the selection,
coordination, arrangement, and enhancement of such Content. You may not modify,
remove, delete, augment, add to, publish, transmit, participate in the transfer
or sale of, create derivative works from, or in any way exploit any of the Content,
in whole or in part. If no specific restrictions are displayed, you may make
copies of select portions of the Content, provided that the copies are made only
for your personal, information and non-commercial use and that you do not alter
or modify the Content in any way, and maintain any notices contained in the Content,
such as all copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted by the
fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section
107), you may not upload, post, reproduce, or distribute in any way Content protected
by copyright, or other proprietary right, without obtaining permission of the
owner of the copyright or other proprietary right. In addition to the foregoing,
use of any software Content shall be governed by the software license agreement
accompanying such software, if any.
COLOR/PRODUCT DESCRIPTION
We have made every effort to display as accurately as possible the colors of
our products that appear at the Site. However, as the actual colors you see will
depend on your monitor, we cannot guarantee that your monitor's display of any
color will be accurate. We have attempted to be as accurate as possible. However,
we do not warrant that the product descriptions are accurate, complete, reliable,
current, or error-free. If a product offered by the Site is not as described,
your sole remedy is to return it in unused condition.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT
RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENETERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE
THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE
THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY
IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers,
directors, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post to or transmit through
the Site, your use of the Site, your connection to the Site, your violation of
the Terms of Use, or your violation of any rights of another.
EXPORT
The U.S. export control laws regulate the export and re-export of technology
originating in the United States. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
You agree to abide by these laws and their regulations - including but not limited
to the Export Administration Act and the Arms Export Control Act and not to transfer,
by electronic transmission or otherwise, any Content derived from the Site to
either a foreign national or a foreign destination in violation of such laws
OUR RIGHTS
We may elect to electronically monitor areas of the Site and may disclose any
Content, records, or electronic communication of any kind (i) to satisfy any
law, regulation, or government request; (ii) if such disclosure is necessary
or appropriate to operate the Site; or (iii) to protect our rights or property
or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We
are not responsible for screening, policing, editing, or monitoring such Content.
If notified of allegedly infringing, defamatory, damaging, illegal, or offensive
Content, we may investigate the allegation and determine in our sole discretion
whether to remove or request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site,
without notice, for any conduct that we, in our sole discretion, believe is in
violation of any applicable law or is harmful to the interests of another user,
a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
Because customer service is paramount to our business, we reserve the right to
refuse to sell products to you if it reasonably appears to us that you intend
to resell the products. In addition, we reserve the right to limit quantities
of items purchased by each customer.
LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third party's web site. These
links will let you leave the Site. The linked sites are not under our control
and we are not responsible for the contents of any linked site or any link contained
in a linked site, or any changes or updates to such sites. We are not responsible
for webcasting or any other form of transmission received from any linked site.
We provide the links to you only as a convenience. We do not endorse the site
or its use or contents.
SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding
our products and the Site. You may post reviews of products or services, comments,
suggestions, or other material ("Submissions") so long as the content of your
Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive
of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable
or injurious to third parties (including, but not limited to, any content that
encourages conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate applicable law). You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the origin
of your Submission. Beauty & Spa Concepts reserves the right (but not the
obligation) to monitor, edit and remove any Submission but does not regularly
review posted Submissions.
By posting or sending us any Submission, you grant Beauty & Spa Concepts.
and its subsidiaries a non-exclusive, royalty-free, perpetual, irrevocable and
fully sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such Submission throughout
the world in any media. You also grant Beauty & Spa Concepts and its subsidiaries
the right to use the name you submit in connection with such Submission.
By posting or sending us a Submission, you represent and warrant
that you own or otherwise control all of the rights to the content
in your Submission, that the content you provide is accurate, and
that use of the content in your Submission does not violate this
policy and will not cause injury to any person or entity. You agree
to indemnify Beauty & Spa
Concepts and its subsidiaries against all claims and liabilities
resulting from your Submission. Beauty & Spa Concepts does not take
any responsibility and assumes no liability for any Submission posted
by you or any other person or entity.
APPLICABLE LAW
We control the Site from our offices within the United States of America. We
make no representation that the Content in the Site is appropriate or available
for use in other locations, and access to them from territories where their content
is illegal is prohibited. Those who choose to access the Site from other locations
do so on their own initiative and are responsible for compliance with applicable
local laws. You may not use or export the Content in violation of U.S. export
laws and regulations. Any claim relating to the Site, the services provided through
the Site or the Content shall be governed by the internal laws of the state of
Florida, without reference to its choice of law provisions. You hereby irrevocably
consent to the exclusive jurisdiction and venue of courts in Miami-Dade County,
Florida, U.S.A.
TERMINATION
These terms are effective until terminated by either party. If you no longer
agree to be bound by the Terms of Use, you must cease your use of the Site. Subject
to applicable law, we reserve the right to suspend or deny, in our sole discretion,
your access to all or any portion of the Site with or without notice. You agree
that any termination of your access to the Site may be effected without prior
notice, and acknowledge and agree that we may immediately deactivate or delete
your account and all related information and files in your account and bar any
further access to such files or the Site. Further, you agree that we shall not
be liable to you or any third-party for any termination of your access to the
Site.
SHIPPING ADDRESS
To make purchases on the Site, you must have a shipping address in the United
States or use an APO/FPO U.S. military address.
SALES TAX
Nonprescription items that are shipped to Florida customers are subject to tax
at the appropriate state and local rate. .
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between us (you and us) and
govern the use of the Site. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or third-party
software. Our failure to exercise or enforce any right or provision of the Terms
of Use shall not constitute a waiver of such right or provision. If any provision
of the Terms of Use is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other provisions
of the Terms of Use remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Site or the Terms of Use must be filed within one
year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal
or contractual effect.
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