Terms and Conditions
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These terms of service (these “Terms”) govern your use of the Lipstick Angels, Inc. (collectively, “Lipstick Angels”, or “we”, “us”, or “our”) websites, in-person and online services, and all other interactive features and communications we provide in connection with the websites, however accessed or used, that we operate, make available, produce, or maintain (collectively, the “Service”). Use of the Service constitutes acceptance of these Terms. If you do not accept these Terms, then you may not use the Service.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING AN ARBITRATION AGREEMENT IN SECTION 18 (DISPUTE RESOLUTION). UNLESS YOU OPT OUT, THE ARBITRATION AGREEMENT REQUIRES MOST DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, ELIMINATES YOUR ABILITY TO PURSUE DISPUTES AS PART OF A CLASS OR GROUP, AND WAIVES YOUR RIGHT TO A TRIAL IN COURT AND BY A JURY.
Lipstick Angels may change these Terms on a going-forward basis at any time and in our sole discretion. If Lipstick Angels makes changes to these Terms, we will notify you of the changes. Our notice to you may include sending a message to the email address or text message number you provided to us or notice through the Service. We also will update the "Last Updated" date at the top of these Terms when we make changes.
Your continued use of the Service will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, then you must stop using the Service. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Service.
You must be 13 years of age or older to use the Service. You certify that you are 18 years old or, if you are between the ages of 13 and 18, that you are using the Service with the supervision of your parent or legal guardian who agrees to be bound by these Terms. Review these Terms with your parent or guardian so that you both understand all of your rights and obligations. The Service is intended only for, and should be used only by, individuals residing within the United States.
- Access License. Lipstick Angels grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service. The Service may be used only for the intended purpose for which we make it available. We and our licensor(s) reserve all rights to the Service not expressly granted, whether by implication, estoppel, or otherwise.
- Restrictions. Except as expressly permitted in these Terms, you may not reproduce, sell, resell, or otherwise exploit the Service, or any part of the Service, for any purpose without our express written consent. Additionally, you will not: (a) use the Service or any Content, as defined in Section 4, for any commercial purpose; (b) make derivative use of the Service or Content; (c) download or copy information about our Service, including content of our beauty and skincare lessons, for the benefit of a third party; (d) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission; (e) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (g) bypass any measures we may use to prevent or restrict access to the Service. Any unauthorized use automatically terminates the permissions and licenses granted to you by us.
- Ownership. We and our licensors, vendors, agents, and content providers own all of the content featured or displayed on the Service, including text, graphics, photographs, images, moving images, sound, and illustrations ("Content"). All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. You may not modify any Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You will not remove any copyright, trademark, or other proprietary notice from any material found on the Service. You are responsible for ensuring your use is permissible before reusing any Content. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Service. The Service, Content, and all related rights remain the exclusive property of Lipstick Angels or its licensors, vendors, agents, and/or Content providers unless otherwise expressly agreed, and are protected by U.S. and international copyright laws.
- Trademarks/No Endorsement. All trademarks, service marks, and trade names of Lipstick Angels used in the Service or the Content (including but not limited to: Lipstick Angels name, Lipstick Angels corporate logo, the Service name, the Service design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Lipstick Angels or its partners, vendors, or licensors in the United States or other countries. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in any way without our prior written consent.
- Feedback. If you give to Lipstick Angels any idea, proposal, suggestion, or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback, and product improvements ("Feedback"), then you give to Lipstick Angels, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize your Feedback in any way and for any purpose. Lipstick Angels will treat any Feedback you provide to Lipstick Angels as non-confidential and non-proprietary. You agree that you will not submit to Lipstick Angels any information or ideas that you consider to be confidential or proprietary.
- Health Related Information/Not Medical Advice. The Service and Content is provided for informational purposes only. Lipstick Angels is not a health care provider. THE SERVICE AND CONTENT ARE NOT MEDICAL ADVICE. You should read carefully all product packaging prior to use. Consult your health care professional prior to using the Service or any products provided through the Service. USE OF THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROFESSIONALS IN DIAGNOSING AND TREATING PATIENTS. DO NOT IGNORE RECOMMENDATIONS FROM LICENSED HEALTH CARE PROVIDERS BASED ON THE SERVICES OR CONTENT. YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR OBTAINING MEDICAL ADVICE FROM A LICENSED HEALTH CARE PROVIDER. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE.
- Third Party Links. The Service may contain links to websites that we do not own, operate, or control. All these links are provided solely as a convenience to you. If you use these links, then you will leave the Service. We are not responsible for any content, materials, or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you access any other websites linked to or from the Service, then you do so entirely at your own risk.
- Transactional Partners. We may promote the services of third parties (“Partners”) within the Service. In cases where you use Partner services, you are transacting directly with the Partner. When using these Partner services, you are bound by the Partner’s terms of service in addition to remaining bound by these Terms. If there is a conflict between these Terms and a Partner’s terms of service, then the Partner’s terms of service will prevail with respect to the Partner’s services. We do not license any intellectual property to you as part of any Partner’s services and are not responsible or liable to you or others for information or services provided by any Partner.
- Notification. If you gave us your email address or phone number, then we may send notifications to you via email or via SMS (text message). Data or messaging rates may apply if you receive notifications via SMS. You may opt-out of those messages by following the instructions in the message to unsubscribe.
- Shipping Address Eligibility. Products available to you through Lipstick Angels may be delivered only to an address located in the United States.
- No Resale. We may fulfill or refuse to fulfill any product deliveries, including but not limited to any order that we reasonably suspect to be for onward sale other than through distribution channels. Products provided by Lipstick Angels may be used only for personal, non-commercial use. You may not sell the products. In the event we refuse fulfillment, we will communicate to you the reason for the refusal.
- Products. Details of the products provided for you by Lipstick Angels are discussed during the virtual appointment; please refer to the corresponding product brand website for further details about the products and their use. Lipstick Angels attempts to verify our products are safe for use by most clients. However, Lipstick Angels does not guarantee that any products provided or make-up and self-care guidance is appropriate for you, your skin, or your medical conditions. Use of any products we provide or techniques we teach are at your sole risk.
- Shipping Limitations. Products will be shipped by our third-party carrier to an address you designate, as long as that shipping address is compliant with the shipping restrictions contained in this Service. Risk of loss and title for items pass to you upon delivery of the items to the carrier. Signature may be required for deliveries. Lipstick Angels does not guarantee any particular delivery date and is not responsible for any delays.
- Return and Exchange Policy. Products provided by Lipstick Angels are given free-of-charge and cannot be returned or exchanged.
- Donations. For all donations made by you on or through the Service and for any shipping costs associated with your beauty kit, Lipstick Angels or its vendors or agents will charge your card or alternative payment method offered by Lipstick Angels, and you agree to pay all these charges. You understand that we may hold and store your payment information to facilitate payment. When you provide card information, account numbers, or other information necessary to facilitate donations or payments to us or our vendors, you represent to us that you are the authorized user of the card or payment account. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Service.
- Suspension and Termination. You or we may suspend or terminate your use of this Service at any time, for any reason or for no reason, with or without prior notice. We also may block your access to the Service in the event that: (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.
- DISCLAIMERS. YOUR USE OF THE SERVICE IS AT YOUR RISK. THE CONTENT, INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE SERVICE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. LIPSTICK ANGELS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS. THE CONTENT, INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICE MAY BE OUT OF DATE, AND LIPSTICK ANGELS DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE ANY CONTENT, INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIPSTICK ANGELS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
- LIMITATIONS OF LIABILITY. LIPSTICK ANGELS DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL LIPSTICK ANGELS BE LIABLE, FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS SERVICE, OR YOUR DOWNLOADING OF ANY CONTENT FROM THIS SERVICE. IN NO EVENT WILL LIPSTICK ANGELS, OR ANY OF ITS OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, VOLUNTEERS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY CONTENT, MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. IN NO EVENT SHALL LIPSTICK ANGELS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY FIVE DOLLARS (US $25.00).
THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILURES OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING OR ANY CLAIMS RELATED TO THESE TERMS OR THE SERVICE.
- Indemnity. You will defend, indemnify, and hold Lipstick Angels and any of its officers, directors, trustees, employees, volunteers, agents, successors, or assigns harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with: (a) the use of the Service or your Submission(s) or other content, message, or information you provide or transmit on or through this Service; (b) your violation of any of these Terms; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (d) your violation of any law, rule, or regulation of the United States or any other country; or (e) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
- Release. In the event that you have a dispute with one or more users of the Service, you release Lipstick Angels (and our officers, directors, trustees, employees, volunteers, agents, successors, assigns, subsidiaries, and joint ventures) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Force Majeure. Neither Lipstick Angels nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion, or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
- Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND LIPSTICK ANGELS HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Lipstick Angels agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that we may have. Therefore, pursuant to these Terms, if you have any past, present, or future dispute or disagreement with us regarding (i) your use of or interaction with the Service, (ii) any donations or other transactions or relationships with Lipstick Angels, or (iii) any Feedback, data, or information you may provide to Lipstick Angels or that Lipstick Angels may gather in connection with your use, interaction, or transaction (collectively, “Lipstick Angels Transactions or Relationships”), then you will not have the right to pursue a claim in court or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Service or by engaging in any other Lipstick Angels Transactions or Relationships with us, you agree to binding arbitration as provided below.
You further agree that:
(a) Arbitrator Will Interpret These Terms. The Arbitrator, and not any federal, state, or local court or agency, has the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms and the arbitration provisions in this Section, including but not limited to any claim that all or any part of these Terms is void or voidable.
(b) Location of Arbitration. The Arbitration will be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Lipstick Angels; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(c) Governing Law. The Arbitrator will: (i) apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent that federal law prevails, will apply the law of the U.S., irrespective of any conflict of law principles; (ii) entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) honor claims of privilege recognized at law; and (iv) have authority to award any form of legal or equitable relief.
(d) No Class Relief. The Arbitration can resolve only your and Lipstick Angels’ individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.
(e) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
(f) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Lipstick Angels will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith.
(g) Reasonable Attorney’s Fees. If, through the process set forth in this Section 18, you recover an Award greater than Lipstick Angels’ last written settlement offer, then we will reimburse your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, and we will bear our own attorneys’ fees.
(h) Interpretation and Enforcement of Arbitration Clause. With the exception of the subsection entitled No Class Relief above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Lipstick Angels shall be entitled to arbitrate their dispute and must instead bring any claims in a court of competent jurisdiction.
(i) Small Claims Matters are Excluded; No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Lipstick Angels in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
(j) Right to Opt Out. You may opt out of this agreement to arbitrate. If you do so, then neither you nor Lipstick Angels can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision and must include your name and residence address and a clear statement that you want to opt out of this arbitration agreement. Any requests to opt out must be sent to: firstname.lastname@example.org.
(k) Intellectual Property Disputes. Notwithstanding the foregoing, Lipstick Angels or you may submit any dispute, cause of action, claim, or controversy relating to our or your intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and other patents) to any court of competent jurisdiction.
- General. Any claim relating to, and the use of, this Service and the materials contained herein is governed by the laws of the State of California. To the extent the provisions in the section titled Dispute Resolution do not apply, you consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted, or secure access to the Service, and operation of the Service may be interfered with by numerous factors outside of our control. Except as set forth in the section titled Dispute Resolution above, if any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions will be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by Lipstick Angels in our sole discretion. Headings are for reference purposes and have no interpretive value. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive these Terms will survive any termination or expiration of these Terms.
- Additional Assistance. If you have any questions or comments, you may contact us at email@example.com.
- Copyright Notice. All design, graphics, text selections, arrangements, and all software are Copyright © 2022, Lipstick Angels and its licensors. ALL RIGHTS RESERVED.
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