Terms & Policies
BRANDI MAXIELL COSMETICS
TERMS & CONDITIONS
- www.[BRANDI MAXIELL COSMETICS].com (the "Website") is owned by and/or operated by or on behalf of [BRANDI MAXIELL COSMETICS] ("[BRANDI MAXIELL COSMETICS]," "we," or "us"). If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website or through any Applications (as defined below), you can contact us at:
[BRANDI MAXIELL COSMETICS]
- These terms and conditions were last revised on May 16, 2017.
- USE OF WEBSITE
- These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together the "Terms") apply to your use and access to the Website and any other website or application permitting you to place an order with [BRANDI MAXIELL COSMETICS] for any products and services (such websites and applications being the "Applications" for the purpose of these Terms) including all orders submitted by you for any products or services made available by us for purchase over the Website and/or the Applications. As the context requires, references to “Website” in these Terms shall also include Applications as applicable. By accessing this Website and/or Applications you acknowledge that you have read, understand, and agree to be unconditionally bound by these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing the Website and all Applications immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the amended Terms on the Website or relevant Application. Please note that all options available on our Website may not be available on any Application or the Website accessed using a mobile device.
- Please note that these Terms do not affect your statutory rights as a consumer.
- If you submit any feedback or ideas about our products and services to the Website, you hereby assign and agree to assign to [BRANDI MAXIELL COSMETICS] all right, title and interest in and to such feedback.
- We may change, withdraw, or suspend access to this Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
- This Website may include links to other websites, applications or resources ("Linked Websites"). [BRANDI MAXIELL COSMETICS] has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from this Website, [BRANDI MAXIELL COSMETICS] is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore [BRANDI MAXIELL COSMETICS] will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.
- [BRANDI MAXIELL COSMETICS] may deny you access to this Website for publication at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
- Any material that you upload to this Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
- [BRANDI MAXIELL COSMETICS] will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of this Website and you hereby agree to be responsible to [BRANDI MAXIELL COSMETICS] for and indemnify, defend and hold harmless [BRANDI MAXIELL COSMETICS] and keep [BRANDI MAXIELL COSMETICS] indemnified against all costs, damages, expenses, losses and liabilities (including reasonable attorney's fees) incurred and/or suffered by [BRANDI MAXIELL COSMETICS] as a result of any claim in respect of your use of the Website or any activity related to your account by you or any person other than [BRANDI MAXIELL COSMETICS].
- [BRANDI MAXIELL COSMETICS] has the right to remove any material or posting you make on the Website in [BRANDI MAXIELL COSMETICS]'s sole discretion.
- The Website and its services are not directed toward children under the age of 13. If you are under the age of 13, you are not permitted to use the Website or its services.
- PURCHASE OF PRODUCTS
- ACCEPTANCE OF ORDERS
1.1 All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (the "Products") from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of when we may not accept your order are as follows:
(a) If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
(b) If we are unable to obtain authorization of your payment;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(d) If shipping restrictions may apply to a Product.
1.2 After submitting an order to us, we will send you an order acknowledgement e-mail with your order number and details of the Products you have ordered. Please note that this e-mail is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until we have sent you an e-mail confirming that the Products have been dispatched ("Dispatch Confirmation").
1.3 When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the My Account section of the Website ("Secure Access"). Where we do so, it is on the condition that you shall be responsible at all times for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Website that occur under your account or your account password. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorized use of the Secure Access or if the Secure Access becomes available to an unauthorized party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.
1.4 In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.
1.5 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order, and correct any input errors.
1.6 You will be charged for products (together with the relevant delivery charges, card processing or payment processing charges) when they have been dispatched to you, unless we inform you that in respect of certain products payment shall be taken in advance, when or shortly after you submit your order.
1.7 Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view our Website may mean that the colors and designs of the Products displayed on our Website and the Products received by you may differ in appearance in minor respects. The swatches on our website represent colors based upon models’ features (lip pigmentation or skin tone). Actual color may appear different on customer.
1.8 We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by e-mail.
2.1 All prices of Products on this Website are stated in United States Dollars and are the price for the Products only. They do not include any applicable sales tax. They do not include the charge for shipping or delivery.
2.2 We endeavor to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Website, subject to our right to refuse an order pursuant to Section C 1.1(a), we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavor to refund the payment taken as soon as possible if the product has not been shipped.
2.3 [BRANDI MAXIELL COSMETICS] may vary the prices of Products listed on this Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.
- PAYMENT TERMS
3.1 The total cost of your order will be the purchase price for the Products, plus any delivery charges, if applicable.
3.2 Please note that we accept payment in United States Dollars.
3.3 You confirm that the credit/debit card that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
3.4 We are not responsible for any charge, cost, expense, or other amount which may be applied by your card issuer or bank as a result of our processing of your credit/debit card payment in accordance with your order.
3.5 Transactions completed via PayPal are subject to a PayPal transaction fee which will be incorporated into the total shipping & handling fee. Please note that [BRANDI MAXIELL COSMETICS] does not have control over PayPal’s transaction fee.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
- DELIVERY, TITLE AND RISK
Delivery times are estimates and commence from the date of shipping, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order.
We are only able to deliver to the shipping address provided on your order. An estimated delivery time for your order will be available to view in checkout. Please select your preferred shipping destination for shipping options, delivery times, shipping costs and all other information.
5.1 Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from our Website. Details of the locations to which we deliver are available from us on request.
5.2 Provided your order has been accepted by us, [BRANDI MAXIELL COSMETICS] will endeavor to dispatch your order in accordance with estimated delivery times or as otherwise specified in the checkout process as you submit your order. Orders received after any specified cut off or last order time or received on a day which is not a working day will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified. For these purposes, a working day means any day in which banks are open for business in Florida, other than Saturdays and Sundays or federal holidays in the United States of America.
5.3 Title in the Products will pass to you on the later of:
(a) the date on which we receive payment in full for such Products; and
(b) the date and time of collection of such Products for delivery to your nominated address.
5.4 Once a Product has been received by you, all risk of damage to, or loss of, the Product shall pass to you.
5.5 We shall be entitled to deliver the Products in installments and each installment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
- REFUNDS, RETURNS AND CANCELLATIONS
6.1 Due to the nature of cosmetics and skincare products, all items are final sale and cannot be returned for a refund, damaged items excepted.
6.2 In the rare case of a defective product, please send it back to us within three (3) days of delivery and for a refund. If you damaged the product, we cannot accept the return. In addition, we are not liable for damages that may have occurred to products during shipping and items damaged during shipping are not eligible for refund.
6.3 Refunds for defective products must be done in accordance with the following procedure and policy (“Refund Policy”):
- Send us an email to [customer service email] and include your reason for returning along with a photo.
- Wait for an return authorization number (RA#) from us. We will review your email and send you an RA# along with instructions.
- Once you have followed the return instructions and are ready to send it back we will require you to ship the product back to us inside a shipping box and be sure to write your RA# on the outside of the box. We cannot accept returns without an RA# number.
- When we receive your return we will email you to let you know.
Any return requests made after THREE (3) DAYS will NOT be accepted. NOTE: All returns must include original packaging. If all original packaging is not with a return, we will NOT accept your return and you will be liable for the shipping costs back to you.
6.4 Refunds will be credited to the original purchaser's method of payment.
6.5 On receipt of a return, we will process the refund as soon as possible.
6.6 Defective products cannot be exchanged online. Please return your order to us within three (3) days of delivery for a refund pursuant to the Refund Policy above in paragraph 6.3. A new order can be placed through www.[BRANDI MAXIELL COSMETICS].com at any time.
- AGE REQUIREMENTS
If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
- INTELLECTUAL PROPERTY
1.1 This Website and all content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on this Website (the "Content"), is either owned or licensed by [BRANDI MAXIELL COSMETICS], and is protected by applicable copyright laws and other intellectual property laws and treaties around the world. All such rights are reserved.
1.2 The "[BRANDI MAXIELL COSMETICS]" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Website, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of [BRANDI MAXIELL COSMETICS] and/or its licensors and are protected by applicable trade mark laws, regulations, directives, rules, and treaties around the world. All such rights are reserved.
1.3 All other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights, trademarks, patents, service marks, logos, trade dress, trade names, trade secrets, inventions, know-how, and moral rights) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the "Intellectual Property Rights") are and shall remain the exclusive property of [BRANDI MAXIELL COSMETICS] and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws, regulations, directives and treaties around the world. All such rights are reserved.
1.4 Limited License
Subject to the terms herein, we grant you a revocable, non-sublicensable, non-transferrable, non-assignable, and non-exclusive limited license to access and make personal use of the Website limited such that it does not include the right to:
- use the Website in any way which may prejudice or damage the reputation of [BRANDI MAXIELL COSMETICS];
- resell or make commercial use of the Website. The Website is for your personal use only;
- resell for commercial purposes products purchased through use of the Website;
- modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
- collect or use any product listings or descriptions;
- use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure;
- forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites;
- use, frame or utilize framing techniques to enclose any [BRANDI MAXIELL COSMETICS] trademark, logo or other proprietary information (including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page) without our express written consent; or
- use any meta tags or any other "hidden text" utilizing a [BRANDI MAXIELL COSMETICS] name, trademark, or product name without our express written consent.
1.5 [BRANDI MAXIELL COSMETICS] may terminate such limited license set forth by these Terms at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever or for any breach of these Terms.
1.6 [BRANDI MAXIELL COSMETICS] grants you a limited right to access and use the Website and Content solely for your personal use. Unless otherwise specified on the Website, you may download Content displayed on the Website, and may use the downloaded Content, solely for your personal and noncommercial use. You may print any textual Content available for downloading on the Website, solely for your personal and noncommercial use. You must retain all intellectual property and other proprietary or restrictive notices to the extent they appear on downloaded, transmitted, and copied Content, and any such downloads, transmissions, or copies are subject to these Terms. As between [BRANDI MAXIELL COSMETICS] and you, the Content and this Website shall remain the property of [BRANDI MAXIELL COSMETICS]. Use, transmission, or downloading of the Content is conditioned on these Terms. By acquiring, transmitting, or using the Content or using the Website, you agree to such Terms. You may not download, copy, transmit, or use any of the Content or Website except as expressly authorized by these Terms and, in any event, you may not distribute, modify, copy, adapt, transmit, publish, publicly display or sell, license, or create derivative works of the Content or Website other than in accordance with these Terms or as expressly indicated in writing by [BRANDI MAXIELL COSMETICS] or on the Website.
1.7 You agree you shall not
(a) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website or its Contents;
(b) engage in spamming or flooding;
(c) remove any copyright, trademark or other proprietary rights notices contained on the Website or in the Content;
(d) harvest or collect information about the Website visitors or members without their express consent;
(e) cache, upload, post, or transmit any content that you do not have a right to make available (such as the intellectual property of another party);
(f) sub-license, sell, reverse engineer, decompile or disassemble any portion of the Website or Content;
(g) bypass any measures used by us to prevent or restrict access to the Website or portions of the Website; or
(h) use the Website or Content for any unlawful purpose.
[BRANDI MAXIELL COSMETICS] endeavors to ensure that the information posted by it on this Website is accurate and complete. [BRANDI MAXIELL COSMETICS] does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, [BRANDI MAXIELL COSMETICS] does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. [BRANDI MAXIELL COSMETICS] recommends that all users of the Internet ensure they have up-to date-virus checking software installed.
We reserve the right to limit the availability of the Website and/or the provision of any Content, service, program, video or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, video or other product that we provide.
- EXCLUSION OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, [BRANDI MAXIELL COSMETICS] AND [BRANDI MAXIELL COSMETICS]’S AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM AND EXCLUDE ALL OTHER TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES IN RELATION TO THE WEBSITE, CONTENT, USER CONTENT, PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.SECURITY, ACCURACY, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE OR COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
THIS WEBSITE AND THE CONTENT IS PROVIDED AS IS, AS AVAILABLE WITH ALL FAULTS. [BRANDI MAXIELL COSMETICS] AND [BRANDI MAXIELL COSMETICS]’S AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE SERVCES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND/OR OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, CONTENT, AND THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF [BRANDI MAXIELL COSMETICS] OR [BRANDI MAXIELL COSMETICS]’S AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE AND ANY CONTENT PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.
- LIMITATIONS OF LIABILITY
4.1. Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any other liability which cannot be limited or excluded by applicable law.
4.2 Subject to Section D(4.1) above, [BRANDI MAXIELL COSMETICS] and/or [BRANDI MAXIELL COSMETICS]'s directors, officers, employees, consultants, agents and other representatives will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms, Content, User Content, or product or services on this Website for any:
(a) economic losses (including, without limitation, loss of income, revenues, data, goodwill, actual or anticipated profits, contracts, business, opportunity or anticipated savings or other intangible losses);
(b) loss of goodwill or reputation; or
(c) special, indirect, consequential, special, exemplary, punitive losses or damages suffered or incurred by you arising out of or in connection with these Terms, this Website, Content or User Content contained on the site, any linked site or any service or products purchased or provided through this Website, under any contract, negligence, strict liability or other theory.
4.3 Subject to Sections D(4.1) and D(4.2) the sole and exclusive and maximum total liability under these Terms of [BRANDI MAXIELL COSMETICS] and/or [BRANDI MAXIELL COSMETICS]'s directors, officers, employees, consultants, agents and other representatives, whether arising under contract, tort (including negligence), strict liability, or breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product paid by you that you have purchased from [BRANDI MAXIELL COSMETICS] through the Website during the six month period preceding the date on which the claim arose.
This Section D(4) does not affect your statutory rights as a consumer.
- DATA PROTECTION
- ASSIGNMENT, SUBCONTRACTING ETC.
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract, novate, or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
- AMENDMENTS TO THESE TERMS
We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, updating the Terms on the Website or posting a notice on the Website. Your continued use of the Website after such update or notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. The revised Terms or Privacy Statement will be effective when posted. If we make changes to these Terms or our Privacy Statement and you continue to use our Website, you are agreeing to the revised Terms and our Privacy Statement.
- EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control. The timeframes given for the delivery of the Products ordered by you are estimates only. You acknowledge and agree, time is not of the essence.
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from any of the other provisions of these Terms and will not affect the enforceability thereof.
- GOVERNING LAW AND JURISDICTION
10.1 These Terms supersede any other prior versions of these Terms between you and [BRANDI MAXIELL COSMETICS]. These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to the principles of conflicts of laws.
10.2 Any action seeking injunctive relief arising out of or relating to the Web Site or these Terms shall be brought only in the courts of [___county of principal business address____] County, State of ____________ or the United States District Court for the ___________________. All other controversies or claims shall be subject to arbitration as set forth in these Terms.
10.3 If any condition of this Agreement is invalid, illegal or in conflict with any applicable Florida or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the rest of this Agreement.
11.1 Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
11.2 The place of arbitration shall be [ county of principal business address ]. The arbitration shall be governed by the laws of the State of [ __________]. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The standard provisions of the Commercial Rules shall apply. Arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a particular law permits them to do so. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
- ENTIRE AGREEMENT
12.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
12.2 We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representation") of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
12.3 You agree that the only rights and remedies available to you arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
- WRITTEN COMMUNICATIONS
Some of the information or communications we send to you may be required to be in writing under applicable laws. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section does not affect your statutory rights.
All notices given by you to us must be sent to [BRANDI MAXIELL COSMETICS], at [address], United States or customerservice@[BRANDI MAXIELL COSMETICS].com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Section C(1.3) above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15.1 If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section D(14) above.
- CLAIMS OF COPYRIGHT INFRINGEMENT UNDER US LAW
16.1 [BRANDI MAXIELL COSMETICS] respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, [BRANDI MAXIELL COSMETICS] will respond expeditiously to claims of copyright infringement committed using the Website that are properly reported to [BRANDI MAXIELL COSMETICS]'s Designated Copyright Agent.
16.2 If you believe that your, or a third party’s, work has been copied in a way that constitutes infringement on the Website, you may send us a copyright infringement notice requesting that the content be removed. The notice must include:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located in the Website are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit [BRANDI MAXIELL COSMETICS] to locate the material on the Website;
- the name, address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- your address, telephone number and e-mail address.
Please send your copyright notice to: customerservice@[BRANDI MAXIELL COSMETICS].com
16.3 Please consult your legal advisor before filing a notice as there can be penalties for false claims.
- LEGAL NOTICES
17.1 NOTICE TO CALIFORNIA RESIDENTS
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name and address of the provider of this Website is [BRANDI MAXIELL COSMETICS] which may be contacted at:
[BRANDI MAXIELL COSMETICS]
Complaints regarding the Website or Content or requests to receive further information regarding use of this Website or Content may be sent to the above address or to customerservice@[BRANDI MAXIELL COSMETICS].com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, CA 95834 or by telephone at (800) 952-5210