Agreement between
User and http://beautybossinc.com
Welcome to http://beautybossinc.com. The
http://beautybossinc.com website (the "Site") is comprised of various
web pages operated by Beauty Boss Cosmetics ("Beauty Boss").
http://beautybossinc.com is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein
(the "Terms"). Your use of http://beautybossinc.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy
of them for your reference.
http://beautybossinc.com is an E-Commerce Site.
To provide a secure shopping experience for the purchase of
make-up products.
Your use of http://beautybossinc.com is subject to Beauty
Boss's Privacy Policy. Please review our Privacy Policy, which also governs the
Site and informs users of our data collection practices.
Visiting http://beautybossinc.com or sending emails to
Beauty Boss constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Beauty Boss does not knowingly collect, either online or
offline, personal information from persons under the age of thirteen. If you
are under 18, you may use http://beautybossinc.com only with permission of a
parent or guardian.
No refunds, exchanges only if same product is available. If
the same product is not available, then a refund will be provided minus any
shipping cost that are associated with the sale.
Sale items are not eligible for a refund or exchange.
http://beautybossinc.com may contain links to other websites
("Linked Sites"). The Linked Sites are not under the control of
Beauty Boss and Beauty Boss is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Beauty Boss is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by Beauty Boss of the site or any association with its operators.
Certain services made available via http://beautybossinc.com
are delivered by third party sites and organizations. By using any product,
service or functionality originating from the http://beautybossinc.com domain,
you hereby acknowledge and consent that Beauty Boss may share such information
and data with any third party with whom Beauty Boss has a contractual
relationship to provide the requested product, service or functionality on
behalf of http://beautybossinc.com users and customers.
You are granted a non-exclusive, non-transferable, revocable
license to access and use http://beautybossinc.com strictly in accordance with
these terms of use. As a condition of your use of the Site, you warrant to
Beauty Boss that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other
party's use and enjoyment of the Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available
or provided for through the Site.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of Beauty Boss or its suppliers and protected
by copyright and other laws that protect intellectual property and proprietary
rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will
not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. Beauty Boss
content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no
other use of the content without the express written permission of Beauty Boss
and the copyright owner. You agree that you do not acquire any ownership rights
in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Beauty Boss or our licensors except as
expressly authorized by these Terms.
The Service is controlled, operated and administered by
Beauty Boss from our offices within the USA. If you access the Service from a
location outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the Beauty Boss Content accessed through
http://beautybossinc.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Beauty
Boss, its officers, directors, employees, agents and third parties, for any
losses, costs, liabilities and expenses (including reasonable attorney's fees)
relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this
Agreement or your violation of any rights of a third party, or your violation
of any applicable laws, rules or regulations. Beauty Boss reserves the right,
at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully
cooperate with Beauty Boss in asserting any available defenses.
In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforce-ability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take
place on an individual basis; class arbitration and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Beauty
Boss agree otherwise, the arbitrator may not consolidate more than one person's
claims, and may not otherwise preside over any form of a representative or
class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEAUTY BOSS
COSMETICS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE
AT ANY TIME.
BEAUTY BOSS COSMETICS AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. BEAUTY BOSS COSMETICS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL BEAUTY BOSS COSMETICS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BEAUTY BOSS COSMETICS OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Beauty Boss reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law,
this agreement is governed by the laws of the State of Georgia and you hereby
consent to the exclusive jurisdiction and venue of courts in Georgia in all
disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Beauty Boss as a result of this
agreement or use of the Site. Beauty Boss's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of Beauty Boss's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by Beauty Boss with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Beauty Boss with respect
to the Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and Beauty
Boss with respect to the Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be written in
English.
Beauty Boss reserves the right, in its sole discretion, to
change the Terms under which http://beautybossinc.com is offered. The most
current version of the Terms will supersede all previous versions. Beauty Boss
encourages you to periodically review the Terms to stay informed of our
updates.
Beauty Boss welcomes your questions or comments regarding the Terms:
Beauty Boss Cosmetics
3101 San JoseDr
Decatur, Georgia 30032
Email Address:
Telephone number:
404-979-0005
Effective as of September 10, 2020