PLEASE READ THESE USER TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
The following constitute the terms of Terms and Conditions ("Terms and Conditions") between you ("you", "your", "purchaser") and keratinusa.com, Inc. (referred to as the "Company," "we," or "us") with respect to your use of this web site at www.keratinusa.com ("Site"). The Company operates this Site as on-line e-commerce store for beauty products and consultation tools for beauty including all text, surveys, graphics, logos, button icons, images, audio and/or video clips audio-visual works, communications, content, information, materials, documents, products, software, sounds, images, data, services, and the underlying intellectual property rights thereto (collectively the "Content").
By accessing, using or downloading any Content from this Site, you acknowledge your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access this Site or otherwise use or download Content from this Site. We reserve the right to update or modify these Terms and Conditions at any time, and without prior notice to you. Your use of the Site following such modification or update constitutes your acceptance to be bound by these Terms and Conditions as changed or modified. We encourage you to read through and review these Terms and Conditions each time you access the Site.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS SITE.
All Content is owned exclusively by the Company and Company reserves all copyrights and other intellectual property rights with respect thereto. The compilation (meaning the collection, arrangement and assembly) of all content is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with us and/or using this Site solely as a shopping resource. Any other use of materials on this Site, including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance without the prior written permission of Company, is strictly prohibited.
All Content presented by Company is intended to be used for educational or informational purposes only. Your use of this Site is subject to these terms and conditions. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.
USE OF THIS SITE IS NOT MEANT TO SERVE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THIS SITE IS SOLELY AN ONLINE RETAIL STORE FOR SPECIALTY BEAUTY PRODUCTS. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING THE USE OF ANY GOODS, PRODUCTS OR INFORMATION RECEIVED FROM THIS SITE BEFORE USING OR RELYING ON THEM. YOUR PHYSICIAN OR HEALTH CARE PRACTITIONER SHOULD ADDRESS ANY AND ALL MEDICAL QUESTIONS, CONCERNS AND DECISIONS REGARDING THE POSSIBLE TREATMENT OF ANY MEDICAL CONDITION.
COMPANY DOES NOT GIVE OR INTEND TO GIVE ANY ANSWERS TO MEDICAL RELATED QUESTIONS AND THIS SITE DOES NOT REPLACE ANY MEDICAL PROFESSIONAL OR MEDICAL RESOURCE. COMPANY DOES NOT REPRESENT ITSELF AS A RESOURCE FOR MEDICAL INFORMATION OR MEDICAL TREATMENT, NOR IS THIS IMPLIED IN ANY WAY. NO PRESCRIPTION MEDICATIONS OR MEDICAL TREATMENTS ARE INTENTIONALLY PROVIDED ON THIS SITE. ALL VISITORS IN NEED OF MEDICAL ATTENTION SHOULD CONTACT THEIR MEDICAL PRACTITIONERS OR CALL 911 FOR MEDICAL EMERGENCIES.
3. THIRD PARTY CONTENT
Company may provide and display on its site, emails and printed materials, content obtained from third parties ("Third Party Content"). Company does not monitor, approve or have any control over any Third Party Content. Company does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. Company does not assume responsibility for updating or reviewing or making changes to Third Party Content. Third Party Content may be used completely at your own risk.
keratinusa.com, and all custom designed page headers, custom graphics and button icons and custom concepts and collections are service marks and/or trademarks of Company and may not be used in connection with any product or service that is not offered by Company in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Company. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
b. Warranty Disclaimer. THIS SITE AND THE CONTENT ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE., TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SITE OR ACCESS THERETO BY USERS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
6. APPLICABLE LAW
This Site is created and controlled by Company in the State of Florida, U.S.A. As such, the laws of the State of Florida will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Company reserves the right to make changes to its Site and these disclaimers, terms and conditions at any time.
7. USAGE RULES
We reserve the right to deny you access to any and all parts of this Site and terminate your account, for any reason or no reason, and at our sole discretion. The following rules shall govern your conduct regarding the use of the Site.
a. Unlawful Purposes. In order to create a hospitable environment for all of our users, certain types of activities and communications are prohibited. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree that you are responsible for any postings that are sent through your account to any blogs or forum or any other part of the Site. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
b. Unsolicited Information. This Site may provide opportunities to provide us feedback regarding the Site and our various offerings and other unsolicited submissions (collectively "Unsolicited Information"). You may only provide Unsolicited Information that conforms to these Terms and Conditions. We welcome your comments and feedback concerning the Site, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information.
c. Prohibition on Use by Minors Age 13 and under. This Site is intended for an adult audience and CHILDREN UNDER AGED 13 AND UNDER ARE NOT PERMITTED TO SUBMIT ANY POSTINGS, PERSONAL DATA OR UNSOLICITED INFORMATION.
d. Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site using your account for any purpose.
e. Infringing user content. You shall not post or transmit any content that would violate the intellectual property, trade secrets or privacy rights of others, including unauthorized copyrighted text, images or programs, photographs, signatures, images, likenesses, voice, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
f. Interference with Other Users` Use. You shall not interfere with other users` use of the Site, including, without limitation, disrupting the normal flow of dialogue in a communities or forum discussion, spamming or otherwise using abusive tactics to deter others from participating in the forums or blogs. Notwithstanding this, users can voluntarily form closed prayer forums, which are inaccessible by other users without violating this provision.
g. Harmful Code. You may not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
h. Abusive Conduct. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where user posted content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
i. Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
8. NO REVIEW OF POSTINGS & UPLOADS
The Company does not and cannot review, and is therefore not responsible for, any communications posted or uploaded to the Site by users. MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY BLOG OR FORUM SHOULD NOT BE CONSTRUED AS AUTHORITATIVE ADVICE OR INSTRUCTION.
9. PROCEDURES FOR CLAIMED COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others, and ask that you do the same. As such, the infringement of others` intellectual property rights will not be tolerated and may result in the termination of the infringing party`s account. Please note that we can only address infringing materials posted on our Site that have been reported to us, and cannot be responsible if any user posted content is repurposed or otherwise copied from the Site and used in other mediums prior to us removing such infringing content.
If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent:
a. An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner`s behalf; and
g. Our agent may be contacted as follows: email@example.com
You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the "The Protected Parties") from and against all losses, expenses, damages and costs, including reasonable attorney`s fees, resulting from (a) provision of Unsolicited Information or posting content by you on the Site, or (b) your use of the Content or Site; and/or (c) your breach of the terms of these Terms and Conditions, (including infringement of third parties` worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your account.
11. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO THE COMPANY FOR THE PARTICULAR INFORMATION, SERVICE OR PRODUCT PROVIDED. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS SITE OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR USER GENERATED CONTENT, THAT AND DAMAGES OR LOSSESS YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE OR OUR EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE, THE CONTENT, OR YOUR POSTED CONTENT WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
12. THIRD PARTY RIGHTS
The provisions Indemnification and Waiver, Release and Limitation of Liability are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
13. PRODUCT INFORMATION
a. Availability: Most products displayed on this Site can be ordered and delivered within the U.S. as well as overseas. In the event that you place an order that cannot be delivered overseas in whole or part, you will be notifies via email. Not all products available on this Site may be available in Company retail stores.
b. Pricing: All prices quoted on this Site are in U.S. Dollars. Company has no control on and makes no guarantees with regard to exchange rates and fees that may be used by financial institutions for overseas orders.
c. Product Information & Use: All of the products purchased from Company should be used in accordance with the manufacturer`s instructions, precautions and guidelines. Parents or legal guardians all of all minors should consult the minor`s physician prior to the minor`s use of and services or products from Company.
Reference to or presentation or sale of any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.
14. FRAUD PROTECTION PROGRAM
In an effort to control unauthorized and/or illegal activity, Company screens incoming orders. If there is reasonable cause to suspect such activity, Company also reserves the right to decline the order. You will however be notified by our Customer Care department and may be asked to verify and/or provide information for further verification. These policies are in place to protect our customers as well as our company from fraud, unauthorized or illegal activity.
15. USER REPRESENTATION
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. If you are not at least 18 years old, but are over the age of 13, you may have a parent or guardian accept these terms on your behalf. You agree to be financially responsible for your use of the Site (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you for any purpose concerning these Terms and Conditions or the parties` obligations hereunder shall be brought exclusively in the state or federal courts located at Miami, Florida, USA, and we both expressly consent to such jurisdiction. These Terms and Conditions constitute the entire Agreement between Company and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you.
Company encourages customers to contact us with their requests, comments and feedback. For non-order related comments, please contact us at firstname.lastname@example.org. All order related questions must be addressed to email@example.com with the order number referenced in the subject line. We may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U. S. mail to your address on record in your account information, if any.
18. SECURITY POLICY
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
19. REFUND POLICY
At Keratin USA, we want every customer to be 100% satisfied with their purchase. We understand that when purchasing a new product, it may not be what you expected. Our return policy is as follows:
a. Returns of unused product are accepted within thirty days from the date you receive the merchandise.
b. We will accept returns of all unopened, unused products. You are responsible for the shipping cost to return the product to us. Once received, we will credit your original payment method. We cannot accept returns if the product has been opened or used, unless the product is damaged or defective.
c. If your order arrives damaged, please contact us at firstname.lastname@example.org within 72 hours to report the damaged items. We will reship immediately and arrange for the shipping company to pick up the damaged item.
d. We do not accept returns with international orders.