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TERMS AND CONDITIONS OF USE – LuLu | The Face Company

TERMS AND CONDITIONS OF USE

Hello and welcome to The Lulu Face Company LLC (the “Company”, “we”, “our” or “us”).

The following terms and conditions (“Terms”) govern the use (including access, browsing and/or use of any interactive features) of our website (“Site”). By accessing or using the Site, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Site. This Agreement applies to all visitors, users, and others who access the Site (“Users”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Use of the Site is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. The use of the Site is not intended for minors under the age of majority in the applicable jurisdiction. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. We reserve the right to change the Terms at any time. Any such changes will be posted on the Site and you agree to be bound by such changes.

Privacy

Please read our Privacy Policy, which governs the manner in which we will handle any personal information that you provide to us. The Privacy Policy is subject to the provisions of these Terms.

Ownership Rights / Use of Site Materials

The Company owns all right, title and interest in and to the Site and/or owns the content and applications on the Site (including on social network websites).

The Company owns all copyrights for all material on the Site or has a valid right from a third party to use the material on the Site. The Company also owns all trademarks, service marks, trade names, logos and domain names used on or in connection with the Site or has a valid right from a third party to use any such material. Any modification or use of the materials from the Site for any purpose not explicitly permitted is a violation of the Company’s copyright and other proprietary rights.

No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of the Company. This prohibition also includes framing any content from the Site, as well as unauthorized linking.

Disclaimer / Limitation on Liability

Use of and browsing in the Site is at your own risk. Neither the Company nor any party representing or otherwise affiliated with the Company in creating or presenting the Site is liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of or browsing in the Site, except where such liability or damage is the result of the Company’s own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Site is provided to you on an “as is” basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, and/or non-infringement. THE SITE IS NOT INTENDED TO PROVIDE ANY MEDICAL INFORMATION ABOUT THE SKIN OR OTHERWISE.

You expressly agree that your use of, or inability to use, the Site is at your sole risk. All products delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, and durability, title, and non-infringement.

Solicited information that you submit to the Company by email in order to register or sign up, purchase products and/or to submit appropriate questions to the Site is subject to our Privacy Policy. All unsolicited reviews, comments or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by the Company and we may use such materials in any manner that we deem appropriate. For more information on this topic, please see our Privacy Policy.

Links / Third Party Websites

The Company is not responsible for third party websites that link to or from the Site. The Company does not endorse any such sites or the goods or services offered on such sites. The Company disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites. The Company shall not be held liable or responsible for the content of any sites that link to or from the Site.

Accuracy of Information

The Company takes reasonable steps to ensure the accuracy of the information included in the Site. However, the Company takes no responsibility for errors or omissions in the content of the Site and does not guarantee the accuracy, completeness or timeliness of information provided on the Site. We have made every effort to accurately portray the colors you see on the Site. However, the actual color that you see will depend on the type of device that you use to access the Site. Information provided on the Site is subject to change at any time without prior notice.

Prices, Products and Orders

Prices displayed on the Site are shown in U.S. dollars and do not include any applicable taxes. Prices are provided for informational purposes and are not binding. Prices are subject to change at any time, at our sole discretion, without notice.

All descriptions of products are also subject to change at any time, at our sole discretion, without notice.  We reserve the right to discontinue any product at any time. We reserve the right to limit the quantities of any products that we offer.  We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.

We reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Packages undeliverable by our shipper will be cancelled and refunded once received at our shipping hub.

No Waiver

The failure on the part of the Company to enforce any part of these Terms shall not constitute a waiver of any of the Company’s rights hereunder for past or future actions.

Jurisdiction and Arbitration

You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of these Terms, the Privacy Policy, the Site and/or an item purchased through the Site. The arbitration will be conducted before a single arbitrator and will be held at a mutually agreed to location in the State of Connecticut, County of Litchfield. The arbitrator will be selected by mutual agreement between you and the Company.  If for any reason you and the Company cannot agree to an  arbitrator, either you or the Company may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.  The court will then appoint an arbitrator, who will act under this Arbitration provision with the same force and effect as if the parties had selected the arbitrator by mutual agreement.  In all cases, each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law.  Costs incidental to the arbitration, including the cost of the arbitrator and the meeting site (“Arbitration Costs”) will be borne by you and the Company equally, unless otherwise required by applicable law.

The arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on a basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and the Company alone. Claims may not be joined or consolidated unless agreed to in a writing signed by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR A CLASS ACTION. If you initiate a litigation or any other proceeding against the Company in violation of this paragraph, and the Company is the prevailing party in any such litigation or proceeding, you agree to pay the Company’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.

THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CONNECTICUT WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Terms, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of Litchfield in the State of Connecticut. You agree not to raise the defense of forum non conveniens.

Miscellaneous

You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company with respect to the use of the Site.

We may change these Terms at any time by posting changes on the Site. Any changes are effective immediately upon posting. The continued use of the Site constitutes your agreement to any revised Terms.

BY USING THE SITE, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THESE TERMS & CONDITIONS OF USE.

LAST UPDATED: January, 2017

The Lulu Face Company LLC, 2017 All Rights Reserved

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