Terms and Conditions
Terms and Conditions
This Agreement sets forth the terms that apply to your use of the Beauty and Well Being website (the “Site“), presently located at www.beautyandwellbeing.com. The Site is owned and operated by our company Beauty and Well Being, LLC, a New York limited liability company. Your use of the Site constitutes your acceptance of these terms.
Ancillary Sites & Services. References in this Agreement to the Site will be deemed to include not just the BeautyandWellBeing.com website itself but also any and all ancillary websites or Internet services (such as any version of the Site maintained for mobile users) and any ancillary services, activities or materials that we may provide in connection with the Site (such as any e-mail newsletter to which Site users may subscribe). The terms of this Agreement will apply to the Site and all such ancillary items.
Right to Modify. We have the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the content, pages, participatory areas, hours of availability, and equipment or formats needed for access or use. Such changes, modifications, additions, deletions or other revisions will be effective immediately upon notice, which may be given by any customary means, such as posting on the Site a revised version of this Agreement or notification by electronic mail. Any use by you of the Site after such notice is given will conclusively constitute your acceptance of the revisions in question. You agree to review the terms and conditions of this Agreement periodically in order to be aware of such revisions.
Access Equipment & Software. You are solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment, and all computer software (such as a suitable browser program), needed for access to and use of the Site, and for all charges related thereto.
The Site and services are offered by Beauty and Well Being from its facilities in the United States of America. Beauty and Well Being makes no representations that the Site or services are appropriate or available for use in other locations. Users who access or use the Site or services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
2. CONTENT OF THE SITE
Copyrights & Related Rights. The Site contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the copyright in the overall Site, as a collective work, is owned by us. We also own the copyrights in the selection, coordination, arrangement and enhancement of such content, and in all Site content that we create. Each third-party content licensor/provider owns or has assigned to Beauty and Well Being, LLC the copyright in content original to it.
Use of Site Content. Use of any of the Site content for any purpose not expressly permitted in this Agreement is prohibited. Except as expressly authorized by us, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any material, content, design elements, or code/software obtained from the Site. However, you may print or download such material from the Site if this is solely for personal or non-commercial use, provided you do not republish the material and you keep intact all copyright, trademark, service-mark, patent and other proprietary notices. You acknowledge that you will not acquire any ownership or proprietary rights by downloading copyrighted or protected material.
Framing & Association with Unauthorized Advertising. You may not frame the Site without our express written permission, and, in particular, you may not display the content on the Site in any format where third-party advertising or other materials not authorized by us are viewable in conjunction with our proprietary content.
Third-Party Links. The Site contains links to other websites, resources and advertisers. We are not responsible for the availability of these external sites, nor do we endorse or assume any responsibility for the content, information, advertising, products or other materials made available on or through such external sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. Any concerns regarding such content, goods or services must be directed to the administrator or webmaster of the external site in question. We reserve the right, in our sole discretion, to terminate links with any third parties or other websites that we deem inappropriate or inconsistent with the Site.
Member Names & Passwords. You may be required to select a member name and a password in order to use and/or register as member of the Site. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we deem to be offensive, in our sole discretion. You are responsible for maintaining the confidentiality of your password and your registration information. You agree to immediately notify us of any unauthorized use of your password or your other registration information, and you will indemnify and hold us, and our affiliates, subsidiaries, operational providers and partners harmless against any improper or illegal use of your password.
Registration Information. All information provided by you to us in connection with your registration must be accurate, complete and up to date at the time it is submitted. You may update your registration information from time to time in conformance with our standard procedures and policies for such updating. If your e-mail address is canceled, becomes inactive or inaccessible for an extended period of time, we will have the right to cancel your registration and delete all or part of your registration information, to the extent allowed by law and in accordance with our security measures.
5. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
Use at Own Risk. You expressly agree that use of the Site is at your own sole risk. Neither we, our affiliates, nor any of their respective employees, agents, third party content providers or licensors warrant that the Site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability or content of any information, service or products provided through the Site.
Site Provided As Is. The Site is provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
Disclaimers. The disclaimers of liability contained in this Section 5 apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
No Consequential Damages. In no event will we or any person or entity involved in creating, producing or distributing the Site be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Site, or out of the breach of any warranty. You hereby acknowledge that the provisions of this Section 5 will apply to all content on the Site.
No Liability for Inaccuracies. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on the Site. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the content on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. You should seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including (without limitation) financial, health, or lifestyle information.
No Warranty of Any Product or Service. We do not endorse, warrant or guarantee any products or services offered through the Site. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution, as appropriate. We make products or services available on the Site without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable laws.
Survival. The provisions of this Section 5 will survive any termination of this Agreement.
6. ADVICE & OPINIONS
The Site contains facts, views, opinions and statements of third parties, users and other organizations. Our company, its affiliates and subsidiaries, do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that our company, its parents, affiliates and subsidiaries will not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on the Site.
You agree to defend, indemnify and hold harmless our company, its affiliates and their respective directors, officers, employees, representatives, agents and successors from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the Site. The provisions of this Section 7 will survive any termination of this Agreement.
All trademarks appearing on the Site are the property of their respective owners, including, in some instances, of our company.
We may sometimes offer users of the Site the opportunity to participate in contests or other special events. You may not have to be a member of the Site to participate in certain contest or events, but you must meet the designated minimum age requirements (for example, we may require that you be at least 21 years of age). We will establish specific rules and terms for participation in each contest and event and will post this information on the Site.
10. SUBSCRIPTION SERVICES
We make available to users certain online subscription services, and other paid services and products. The following terms and conditions will apply in the event that you subscribe to any subscription service or services we offer on the Site (the “Subscription”):
The Subscription will continue until we receive notification of termination from you as described herein below.
We will have the right at any time to impose, change or modify the terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription, as provided herein below. Any use of the Subscription by you after such notice will conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
Either you or we may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with any terms and conditions of this Agreement or our policies or practices in operating the Site, or any content available through the Subscription or change therein, is to terminate this Agreement by sending notice to us by e-mail sent to email@example.com, or online on the Site by following the directions stated therein. Notice of termination will be effective upon receipt. Without limiting the foregoing, we will have the right to immediately terminate this Agreement on the basis set forth in Section 13 below.
11. PRODUCTS AND OTHER SERVICES.
With respect to products and services offered for sale through the Site, you will be informed, on the screen(s) where you make the purchase, of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies.
We maintain a policy with respect to the privacy of user information and similar matters. This policy, as it may be updated from time to time, forms a part of this Agreement.
We will have the right to immediately terminate this Agreement and to block your access to the Site if we determine, in our sole discretion, that you have breached this Agreement or are otherwise not an appropriate user of the Site.
We will have the right to update this agreement from time to time without notice. The updated agreement will be posted on the Site and the updated terms will take effect upon such posting.
For additional information or assistance, contact us at:
Beauty and Well Being, LLC
Last Modified: April 8, 2014