Terms and Conditions
Purchase Related Policies
The products and services available on the Site, and any samples
thereof we may provide to you, are for personal use only. You may not
sell or resell any of the products or services, or samples thereof, that
you purchase or otherwise receive from us. We reserve the right, with
or without notice, to cancel or reduce the quantity of any orders that
we believe, in our sole discretion, may result in the violation of our
Terms and Conditions.
Accuracy of Information
We attempt to be as accurate as possible when describing our products
on the Site; however, to the extent permitted by applicable law, we do
not warrant that the product descriptions, colors or other content
available on the Site are accurate, complete, reliable, current, or
error-free.
Limited Licenses
We grant you a limited, revocable, and non-exclusive license to
access and make personal use of the Site. This limited license does not
include the right to: (i) frame or utilize framing techniques to enclose
the Site or any portion thereof; (ii) modify or download the Site or
Content (except caching or as necessary to view the Site); (iii) make
any use of the Site or Content other than personal use; (iv) create any
derivative work based upon either the Site or Content; (v) collect
account information for the benefit of yourself or another party; (vi)
use any meta tags or any other "hidden text" utilizing our name or the
Trademarks or to otherwise use the Trademarks; or (vi) 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.
We also grant you a limited, revocable, and nonexclusive license to
create a hyperlink to the home page of the Site for personal,
non-commercial use only. A Web site that links to the Site (i) may link
to, but not replicate, our Content; (ii) may not represent or imply that
we are endorsing such Web site or its services or products; (iii) may
not misrepresent its relationship with us; (iv) may not contain content
that could be construed as distasteful, obscene, offensive or
controversial, and may contain only content that is lawful and
appropriate for all ages; (v) may not portray us or our products or
services, in a false, misleading, derogatory, or otherwise offensive or
objectionable manner, or associate us with undesirable products,
services, or opinions; (vi) may not use any Trademark; and (vii) may not
link to any page of the Site other than the home page. We may, in our
sole discretion, request that you remove any link to the Site, and upon
receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited
licenses set forth in this Section 5 without prejudice to any other
remedy provided by applicable law or these Terms and Conditions.
Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms
and Conditions and the special warnings or instructions for access or
use posted on the Site. You shall act always in accordance with the law,
custom and in good faith. You may not make any change or alteration to
the Site or any Content or services that may appear on this Site and may
not impair in any way the integrity or operation of the Site. Without
limiting the generality of any other provision of these Terms and
Conditions, if you default negligently or willfully in any of the
obligations set forth in these Terms and Conditions (including our Privacy Policy),
you shall be liable for all the losses and damages that such default or
defaults may cause to La Bella Figura, LLC or our affiliates,
partners or licensors.
Your Account
You may choose to register at our Site. If you do, you will have an
email address/username and password for your account. You are
responsible for maintaining the confidentiality of your account,
username and password and for restricting access to your computer. You
agree to accept responsibility for all activities that occur under your
account, username and/or password. You agree to provide only accurate,
truthful information.
We reserve the right to refuse service and/or terminate accounts
without prior notice if you violate these Terms and Conditions or if we
decide, in our sole discretion, that it would be in La Bella Figura, LLC, best
interests to do so.
Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE
WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR
OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (A) INTERRUPTION OF
BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C)
DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF
DEALINGS WITH OR THE PRESENCE OF OFF-WEB SITE LINKS ON THE SITE; (E)
COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN
CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR
FROM THIRD PARTY WEB SITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT
OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF
THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
Indemnification
You agree to defend, indemnify and hold us harmless for any loss,
damages or costs, including reasonable attorneys’ fees, resulting from
any third party claim, action, or demand resulting from your use of the
Site. You also agree to indemnify us for any loss, damages, or costs,
including reasonable attorneys’ fees, resulting from your use of
software robots, spiders, crawlers, or similar data gathering and
extraction tools, or any other action you take that imposes an
unreasonable burden or load on our infrastructure.
Disputes
With respect to any dispute regarding the Site, all rights and
obligations and all actions contemplated by these Terms and Conditions
shall be governed by the laws of Illinois, as if the Terms and
Conditions were a contract wholly entered into and wholly performed
within Illinois. Any dispute relating in any way to your visit to the
Site shall be submitted to confidential arbitration in Illinois,
except that, to the extent you have in any manner violated or threatened
to violate our intellectual property rights or the intellectual
property rights of our affiliates, partners or licensors, we may seek
injunctive or other appropriate relief in any court and you consent to
exclusive jurisdiction and venue in any such court. Arbitration under
this agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator’s award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
General
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy
constitute the complete and exclusive agreement between us concerning
your use of the Site, and supersede and govern all prior proposals,
agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms
and Conditions at any time by posting the changes on the Site. Any
changes are effective immediately upon posting to the Site. Your
continued use of the Site constitutes your agreement to all such terms
and conditions. We may, with or without prior notice, terminate any of
the rights granted by these Terms and Conditions. You shall comply
immediately with any termination or other notice, including, as
applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as
creating any agency, partnership, or other form of joint enterprise
between us. Our failure to require your performance of any provision
hereof shall not affect our full right to require such performance at
any time thereafter, nor shall our waiver of a breach of any provision
hereof be taken or held to be a waiver of the provision itself. In the
event that any provision of these Terms and Conditions shall be
unenforceable or invalid under any applicable law or be so held by any
applicable arbitral award or court decision, such unenforceability or
invalidity shall not render these Terms and Conditions unenforceable or
invalid as a whole. We will amend or replace such provision with one
that is valid and enforceable and which achieves, to the extent
possible, our original objectives and intent as reflected in the
original provision
If you have any questions regarding these Terms and Conditions, please contact us at info@labellafigurabeauty.com