Terms & Agreement
ACCEPTANCE OF TERMS
You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Website.
RIGHT TO MODIFY TERMS
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information.
INTELLECTUAL PROPERTY RIGHTS
The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All information and content contained on the Website, including but not limited to trademarks, graphics, images, and logos are protected by US and international intellectual property laws, and are owned or controlled by S.h.a.p.e.s brow bar or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Website. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from S.h.a.p.e.s brow bar or the copyright holder identified in the individual content's copyright notice. Use of trademarks for commercial purposes without authorization from S.h.a.p.e.s brow bar is strictly prohibited.
CHANGES TO WEBSITE
S.h.a.p.e.s brow bar may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. S.h.a.p.e.s brow bar may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
LIMITED USE LICENSE
S.h.a.p.e.s brow bar grants you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Website. This limited license does not include the right to:
- frame or enclose the Website or any portion thereof;
- republish, distribute, or license the Website or any content thereon; and/or
- create any derivative works based upon either the Website or any content thereon.
This limited license may be terminated immediately upon any unauthorized use by you of the Website or any and/or all of S.h.a.p.e.s brow bar ’s content.
SWEEPSTAKES; CONTESTS; PROMOTIONS
S.h.a.p.e.s brow bar may promote, via the Website, sweepstakes, contests or other types of promotions that will be governed by special rules in addition to these Terms. Your participation in such promotions constitutes acceptance of all applicable terms.
Given the unpredictability of technology and the online environment, S.h.a.p.e.s brow bar does not warrant that function or operation of this Web site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this Web site, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our site. As a visitor to and a user of this Web site, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. S.h.a.p.e.s brow bar shall not be liable for damages of any kind related to your use of or inability to access this site.
ERRORS AND OMISSIONS
We endeavor to present the most recent, most accurate, and most reliable information on our Web site at all times. However, there may be occasions when some of the information featured on our Web site may contain incomplete data, typographical errors, or inaccuracies. Errors are wholly unintentional and we apologize if erroneous information is reflected in price, or availability of goods or services. We present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update information at any time without prior notice.
At S.h.a.p.e.s brow bar we utilize the industry’s highest standard of data encryption to ensure that your online shopping experience is safe and secure. Security measures are triggered automatically with your order.
PROTECTION OF CHILDREN
S.h.a.p.e.s brow bar is concerned about the safety of children when they use the Internet. We will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. If we receive actual knowledge that a subscriber to our Web site is under the age of 13, we will remove from our files all identifiable information about that person. If you are under 13 years old, please exit this site.
S.h.a.p.e.s brow bar tracks user traffic patterns throughout Web site and this information is correlated with data about individual users. Overall usage statistics, according to a user’s domain name, browser type and MIME type gotten by reading this information from the browser string (information contained in every user’s browser), are also broken down.
Using e-mail addresses provided at registration or otherwise, S.h.a.p.e.s brow bar periodically sends out e-mail newsletters and promotional e-mail to our users about services and products offered by S.h.a.p.e.s brow bar . Users can indicate that they do not wish to receive e-mail information from S.h.a.p.e.s brow bar .
IN NO EVENT SHALL S.H.A.P.E.S BROW BAR , INC. BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH ANY USE OF THE SITE.
LINKED WEBSITES ARE NOT UNDER THE CONTROL OF S.H.A.P.E.S BROW BAR AND S.H.A.P.E.S BROW BAR IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THIS WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
S.h.a.p.e.s brow bar values its trademarks, product names, company names and corporate identities represented on its Internet site, and these items are the property of S.h.a.p.e.s brow bar .
THIRD PARTY LINKS
The Website may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from Website to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk. All such websites are subject to the policies and procedures of the owner of such websites. Because we have no control over such websites or resources or the individuals who make such contributions, you acknowledge and agree that Company is not responsible for the availability of such websites or resources or any contributions, neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such websites or resources or the content of any contributions and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
DIGITAL MILLENNIUM COPYRIGHT NOTICE
If you believe that specific content on the Website infringes upon your copyrighted materials, please provide S.h.a.p.e.s brow bar with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the allegedly infringing material is located on the Website, including the url’s of the particular web pages; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the use on the Website is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. S.h.a.p.e.s brow bar ’s Designated Agent for copyright claims can be contacted as follows:
TRENDZ BEAUTY GROUP
ATTN –S.H.A.P.E.S BROW BAR
11060 E ARTESIA BLVD, STE G
CERRITOS, CA 90703
S.h.a.p.e.s brow bar shall not be liable for any delay or failure of performance due to conditions or events beyond its reasonable control, including, without limitation, natural disasters, accidents, labor disputes, shortages, ordinances, rules and regulations and inability to obtain material, equipment or transportation. If S.h.a.p.e.s brow bar ’s production of merchandise is curtailed or suspended, deliveries may, at S.h.a.p.e.s brow bar ’s option, be cancelled or be proportionately curtailed and then, at S.h.a.p.e.s brow bar ’s option, resumed upon the removal of the cause so interfering with production and continued until the entire quantity purchased hereunder has been delivered. S.h.a.p.e.s brow bar shall have the right to allocate its available supply of goods among its customers and affiliates in such manner as S.h.a.p.e.s brow bar deems fair and equitable.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
S.H.A.P.E.S BROW BAR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS DESCRIBED HEREIN, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY CONCERNING THE DESIGN, MANUFACTURE, USE OR PERFORMANCE OF ANY SUCH GOODS OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. S.H.A.P.E.S BROW BAR ’S TOTAL LIABILITY FOR ANY COST, LOSS, DAMAGE OR OTHER POTENTIAL OR ACTUAL EXPENSES ARISING DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE AND SALE OF THE GOODS DESCRIBED HEREIN SHALL NOT EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE GOODS WITH RESPECT TO WHICH ANY CLAIM IS MADE, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL S.H.A.P.E.S BROW BAR BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES EVEN IF S.H.A.P.E.S BROW BAR IS INFORMED OR IS OTHERWISE AWARE OR SHOULD BE AWARE OF THEIR LIKELIHOOD.
All matters arising out of or relating to the purchase of goods are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois.
SUBMISSION TO JURISDICTION
Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Illinois in each case, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.