These Terms of Use constitute a legally binding contract between you, in person or on behalf of an entity (“you”), and Meteorite Sp z.o.o, operating as Beauty Sale PL (“Sale Beauty PL “,” We “,” us “or” our “) regarding your access and usehttps://www.beautysale.pl website, as well as any other forms of media, media channels, mobile website or mobile application related to, connected or otherwise connected to it (collectively referred to as the “Website”). You agree that by accessing the Website you have read, understood and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED TO USE THE SITE AND MUST STOP IMMEDIATELY.
Additional terms or documents that may be published on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the “Last Updated” date of these Terms of Use, and you waive any rights to receive special notification of any such change. It is your responsibility to periodically review these Terms of Use for updates. You will be subject to changes to any revised Terms of Use and will be deemed to have been informed of changes to any revised Terms of Use by continuing to use the Website after the date of the revised Terms of Use.
The information on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would require us to register in such jurisdiction or country. . Accordingly, those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent they apply.
The site is not designed to comply with industry regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such regulations, you may not use this site. You may not use the Site in any way that would violate the Gramm-Leach-Bliley (GLBA) Act.
The website is intended for users who are 18 years of age or older. Persons under the age of 18 may not use or register on the Website.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our property and all source code, databases, functionality, software, website design, audio, video, text, photos and graphics on the Site (collectively, “Content”) and the trademarks, services, marks and the logos contained therein (the “Marks”) are owned or controlled by us or licensed by us and are protected by copyright and trademark laws and various other intellectual property and unfair competition laws of the United States, international copyright law, and international conventions. Content and Marks are provided on the Site “AS IS” for informational and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, published, publicly displayed, encoded,
Provided that you are authorized to use the Site, you are granted a limited license to access and use the Site, and to download or print a copy of any portion of the Content to which you have properly accessed, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you under the Site, Content and Marks.
USER STATEMENTS
By using the Website, you represent and warrant that:( 1 ) all submitted registration information will be true, accurate, current and complete; ( 2 ) you will maintain the accuracy of such information and promptly update such registration information if necessary;( 3 ) you have legal capacity and agree to be bound by these Terms of Use;( 4 ) you are not a minor in the jurisdiction in which you live; (5 ) you will not be accessing the Website in an automated or non-human manner, be it via bot, script or otherwise; ( 6 ) you will not use the Website for any illegal or unauthorized purpose; and ( 7 ) your use of the Website will not violate any applicable law or regulation.
If you provide any information that is false, inaccurate, out of date or incomplete, we have the right to suspend or close your account and refuse any current or future use of the Site (or any part of it).
USER REGISTRATION
Registration with the Site may be required. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, recover, or change a username you choose if we believe, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
PRODUCTS
We strive to display the colors, features, specifications and details of the products available on the Site as accurately as possible. However, we do not guarantee that the colors, functions, specifications and details of products will be accurate, complete, reliable, current or free from other errors, and the electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability and we cannot guarantee that the products will be in stock. We reserve the right to stop selling any products at any time for any reason. Prices for all products are subject to change.
PURCHASING AND PAYMENT
We accept the following payment methods:
– Visa
– MasterCard
– American Express
– Discover
– PayPal
– Stripe
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site. In addition, you agree to promptly update your account and payment information, including your email address, payment method, and payment card expiry date, so that we can complete your transactions and contact you as necessary. Sales tax will be added to the purchase price as per our requirements. We can change prices at any time. All payments will be made in PLN.
You agree to pay all then-current pricing fees for your purchases and any applicable shipping fees, and you authorize us to charge the selected supplier for these amounts at the time you place your order. We reserve the right to correct any errors or mistakes in the quote, even if we have already requested or received payment.
We reserve the right to decline any order placed through the Site. We may, at our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed through the same customer account, the same payment method, and / or orders that use the same billing or shipping address. We reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
RETURN POLICY
Can I make a return?
Yes!
In our store, you do not have to worry about the fact that the selected product will not meet your expectations.
In accordance with applicable law, you have 14 days to withdraw from a distance contract without giving any reason. So if the intact goods, in their original packaging, do not meet your expectations – you can send them back to us within 14 days from the date of withdrawal. The costs of returning the goods in the event of withdrawal from the contract are borne by the buyer. We will refund the money for the order within 14 days.
How do I make a return?
Just log in to the account from which you placed the order, start a chat with us or reply to an email confirming your order. The returned goods must be in new condition, in the original product packaging, unused and with the foil packaging intact (perfume).
After receiving the parcel, you will receive a refund for the returned goods within 14 business days. The buyer bears the shipping costs.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we provide the Site. The site may not be used in connection with any commercial endeavors except those specifically approved or approved by us.
As a user of the Site, you agree not to:
1. Systematically download data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written consent.
2. Unauthorized use of the Site, including collecting user names and / or e-mail addresses of users electronically or otherwise for the purpose of sending unsolicited e-mail or creating user accounts by automated means or under false pretenses.
3. Use the services of a purchasing agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer the sale of goods and services.
5. Avoid, disable or otherwise interfere with the security features of the Website, including features that prevent or restrict the use or copying of any Content, or enforce restrictions on the use of the Website and / or its Content.
6. Engage in any unauthorized framing or linking to the Site.
7. Cheat, cheat or mislead us and other users, especially in any attempt to learn sensitive account information, such as user passwords.
8. Misusing our support services or making false reports of abuse or misconduct.
9. Participate in any automated use of the system, for example by using scripts to send comments or messages, or by using any data mining tools, robots or similar data collection and extraction tools.
10. Interfere with, disrupt or unduly burden the Site or the networks or services connected to the Site.
11. Try to impersonate another user or person, or use another user’s username.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site to harass, exploit or harm another person.
14. Discredit, tarnish or otherwise harm, in our opinion, us and / or the Site.
15. Use the Website in a manner inconsistent with applicable law.
16. Except where it may result from the use of a standard search engine or web browser, the use, launch, development, or distribution of any automated system, including, but not limited to, any spider, robot, cheat tool, scraper, or offline reader that accesses Sites, or the use or execution of unauthorized scripts or other software.
17. Upload or transmit (or attempt to transmit or transmit) any material that acts as a passive or active information gathering or transmission mechanism, including but not limited to clear graphic interchange formats (“gifs”), 1×1 pixels, worms, cookies or other similar devices (sometimes referred to as “spyware”, “passive gathering mechanisms” or “pcms”).
18. Upload or transmit (or attempt to transmit or transmit) viruses, Trojan horses or other materials, including excessive capitalization and spamming (continuous publication of repetitive text) that prevents any party from uninterrupted use of the Site or modifies, disrupts, disrupts, alters or interferes with the use, functionality, functionality, operation or maintenance of the Website.
19. Copy or customize the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Remove any copyright or other proprietary notices from all Content.
21. Decrypt, decompile, disassemble or reverse engineer any software that is or is otherwise part of the Site.
22. Attempt to circumvent any measures on the Site aimed at preventing or limiting access to the Site or any part of the Site.
23. Harass, annoy, intimidate or threaten our employees or agents involved in providing you with any part of the Site.
24. Use the Site in any reasonable effort to compete with us, or otherwise use the Site and / or the Content for any revenue generating or commercial endeavor.
USER GENERATED CARTRIDGES
The site may invite you to chat, co-author or participate in blogs, message boards, online forums, and other features, and may provide the ability to create, upload, publish, display, broadcast, perform, publish, distribute, or distribute content and materials to Us or on the Site, including, but not limited to, text, writings, videos, audio, photos, graphics, comments, suggestions, or personally identifiable information or other materials (collectively, “Contributions”). Contributions may be visible to other users of the Site and Marketplace Offerings and through third party websites. Accordingly, any Contributions you submit may be treated as non-confidential and non-proprietary. By creating or sharing any Contributions, you represent and warrant that:
The creation, distribution, transmission, public display or performance, and accessing, downloading or copying of your Contributions will not and will not infringe any proprietary rights, including, but not limited to, copyrights, patents, trademarks, trade secrets or moral rights of any third party.
2. You are the creator and owner or have the necessary licenses, rights, consents, issuances and permits to use and authorize us, the Site and other users of the Site to use your Contributions in any way contemplated by the Site and these Terms of Use.
3.You have the written consent, release and / or permission of any identifiable person in your Contributions to use the name or likeness of any such identifiable individual to enable your Contributions to be incorporated and used in any way contemplated by the Site and these Terms of Use .
4. Your contribution is not false, inaccurate or misleading.
5. Your contribution is not unsolicited or unauthorized advertising, promotional material, pyramids, chain letters, spam, mass mailings or other solicitation.
6. Your contributions are not obscene, lascivious, lecherous, vulgar, violent, harassing, defamatory, defamatory or otherwise objectionable (as determined by us).
7. Your contributions do not ridicule, ridicule, discredit, intimidate or offend anyone.
8. Your contribution is not used to harass or threaten (in the legal sense of these terms) any other person or to promote violence against any particular person or class of people.
9. Your contribution does not violate any applicable law, regulation or rule.
10. Your contributions do not infringe the privacy or image rights of third parties.
11. Your contributions do not contain any material that obtains personal information from anyone under the age of 18 or uses anyone under the age of 18 in a sexual or violent manner.
12. Your contributions do not violate any applicable child pornography law or otherwise are intended to protect the health or well-being of minors;
13. Your contribution does not contain any offensive comments related to race, nationality, gender, sexual preferences or physical disability.
14. Your contribution will not otherwise violate or link to material that violates any provision of these Terms of Use or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in breach of the foregoing will breach these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.
CONTRIBUTION LICENSE
By posting your contribution on any part of the site, you automatically grant, represent and warrant that you have the right to grant us unlimited, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide hosting right and license to use, copy , reproduce, disclose, sell, resell, publish, broadcast, rename, archive, store, cache, perform publicly, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions ( including, without limitation, your image and voice) for any purpose, whether commercial, advertising or otherwise, and to prepare derivative works of such Contributions or to incorporate other works thereto, and to grant and authorize sublicenses thereto. Use and distribution may be in any media format and through any media channels.
This license will apply to any form, media or technology known now or in the future and includes our use of your name, company name and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images that you share. You waive any personal rights in your Contributions and you warrant that no personal rights have been otherwise asserted in your Contributions.
We have no ownership of your contributions. You retain full ownership of all your contributions and any intellectual property or other proprietary rights relating to your contributions. We are not responsible for any representations or representations contained in your Contributions by you in any area of the Site. You are solely responsible for your contribution to the Site and you expressly agree to indemnify us from any liability and to refrain from any legal action against us in relation to your contributions.
We have the right, in our sole and absolute discretion, (1) to edit, edit or otherwise change any Contributions; (2) to re-categorize any Contributions to be placed in more appropriate locations on the Site; and (3) to pre-check or remove any Contributions at any time and for any reason without notice. We are under no obligation to monitor your contributions.
VERIFICATION GUIDELINES
We may make available to you areas on the Site where you can post reviews or ratings. When publishing a review, you must meet the following criteria: (1) you should have had direct experience with the person / entity being reviewed; (2) Your reviews should not contain offensive profanity or offensive, racist, offensive or hateful; (3) Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) Your reviews should not contain references to illegal activity; (5) you should not be related to your competitors if you post negative reviews; (6) no conclusions should be drawn as to the legality of the proceedings; (7) you must not post any false or misleading statements; and (8) you may not organize a campaign to encourage others to post a review.
We may accept, reject or remove reviews at our sole discretion. We have absolutely no obligation to check reviews or remove them, even if anyone finds the reviews inappropriate or inaccurate. Reviews are not endorsed by us and do not necessarily represent our views or the views of any of our affiliates or partners. We are not responsible for the review or any claim, liability or loss arising from the review. By publishing a review, You hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, transferable and sublicensable right and license to reproduce, modify, translate, transmit in any way, display, perform, and / or distribute all content related to reviews.
MOBILE APPLICATION LICENSE
Use a license
If you access the Marketplace Offerings via a Mobile App, we will grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Mobile App on wireless electronic devices owned or controlled by you and to access and use the Mobile App on such devices strictly consistent with the terms of this mobile application license contained in these Terms of Use. You may not: (1) decompile, reverse engineer, disassemble, try to derive the source code or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation or derivative work of the application; (3) violate any applicable laws, rules or regulations in connection with your access or use of the Application; (4) remove, alter or obscure any proprietary notices (including any copyright or trademark notices) posted by us or our application licensors; (5) use the App for any revenue-generating, commercial, or other purpose for which it is not designed or intended; (6) provide the application in a network or other environment that allows access or use by multiple devices or users at the same time; (7) use the application to create a product, service, or software that either directly or indirectly competes with or otherwise replaces the application; (8) use the application to send automated inquiries to any website or to send unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in design, development, production, licensing,
Apple and Android devices
When you use a mobile application obtained from the Apple Store or Google Play (each “Application Distributor”) to access Marketplace Offerings, the following terms apply: (1) the license granted to you for our mobile application is limited to a transferable license to use. from an application on an Apple iOS or Android device, as applicable, and in accordance with the terms of use set forth in the application distributor’s terms of use; (2) We are responsible for providing all maintenance and support services with respect to the Mobile Application as set forth in this Mobile Application license in these Terms of Use or as otherwise required by applicable law, and you acknowledge that each Application Distributor has no obligation provide any maintenance and support services in relation to the mobile application; (3) In the event of non-compliance of the Mobile Application with any applicable warranty, you may notify the applicable Application Distributor and the Application Distributor, subject to its terms and conditions, may refund the purchase price, if any, paid for the Mobile Application and to the maximum extent permitted by applicable law. The App Distributor will have no other warranty obligations with respect to the Mobile App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist support” country; and (ii) you are not listed in any United States governmental list of prohibited or restricted parties; (5) when using the mobile application, you must comply with the applicable contractual terms of third parties, e.g. If you have a VoIP application, you must not violate your wireless data service contract when using the mobile application; and (6) you acknowledge and agree that App Distributors are third party beneficiaries to the terms of this Mobile App license contained in these Terms of Use and that each App Distributor will be entitled (and will be deemed to have accepted the right) to enforce the terms of this App license in these Terms of Use to you as a third party beneficiary. (5) when using the mobile application, you must comply with the applicable contractual terms of third parties, e.g. If you have a VoIP application, you must not violate your wireless data service contract when using the mobile application; and (6) you acknowledge and agree that App Distributors are third party beneficiaries to the terms of this Mobile App license contained in these Terms of Use and that each App Distributor will be entitled (and will be deemed to have accepted the right) to enforce the terms of this App license in these Terms of Use to you as a third party beneficiary. (5) when using the mobile application, you must comply with the applicable contractual terms of third parties, e.g. If you have a VoIP application, you must not violate your wireless data service contract when using the mobile application; and (6) you acknowledge and agree that App Distributors are third party beneficiaries to the terms of this Mobile App license contained in these Terms of Use and that each App Distributor will be entitled (and will be deemed to have accepted the right) to enforce the terms of this App license in these Terms of Use to you as a third party beneficiary. then you cannot violate the contract for the provision of wireless data transmission services when using the mobile application; and (6) you acknowledge and agree that App Distributors are third party beneficiaries to the terms of this Mobile App license contained in these Terms of Use and that each App Distributor will be entitled (and will be deemed to have accepted the right) to enforce the terms of this App license in these Terms of Use to you as a third party beneficiary. then you cannot violate the contract for the provision of wireless data transmission services when using the mobile application; and (6) you acknowledge and agree that App Distributors are third party beneficiaries to the terms of this Mobile App license contained in these Terms of Use and that each App Distributor will be entitled (and will be deemed to have accepted the right) to enforce the terms of this App license in these Terms of Use to you as a third party beneficiary.
APPLICATIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, opinions or other information regarding the Site or Marketplace Offerings (“Submissions”) provided to us by you are not confidential and will become our sole property. We will have exclusive rights, including all intellectual property rights, and will be entitled to unrestricted use and dissemination of these Submissions for any lawful, commercial or other purpose without endorsement or compensation to you. You hereby waive any personal rights in such Submissions and warrant that any such Submissions are genuine or that you are entitled to submit such Submissions. You agree that you will not be able to appeal against us in the event of an alleged or actual breach or misappropriation of any proprietary rights in your Materials.
THIRD PARTY WEBSITES AND CONTENT
The Site may contain (or may be sent through the Site or Marketplace Offerings) to other websites (“Third Party Sites”), as well as articles, photos, text, graphics, images, designs, music, audio, video, information, applications , software and other content or items owned or derived from third parties (“Third Party Content”). Such Third-Party Websites and Third-Party Content are not examined, monitored, or checked for accuracy, relevance, completeness or by us, and we are not responsible for third-party sites accessible through the Service or any third-party Content posted on, available through or installed from the site, including content, accuracy, insult, feedback, reliability, privacy policy or other policies, or contained in Third-Party sites or third-party Content. Including, linking, or allowing the use or installation of any Third Party Websites or any Third Party Content does not imply our consent or endorsement. If you choose to leave the Site and access any Third Party Websites or use or install any third party, you do so at your own risk and you should be aware that these Terms of Use no longer apply. You should read the applicable terms and conditions, including the privacy and data collection practices, of each website you can access from the Site or any application you use or install from the Site. Any purchases made through third party websites will be made through other websites and other companies, and we will not be liable in any way in relation to such purchases that are made solely between you and the relevant third party. You agree and acknowledge that we do not endorse the products or services offered by third parties Websites and you will protect us from any harm caused by your purchase of such products or services. In addition, you will protect us from any loss you incur or damage caused to you in connection with or in any way related to Third Party Content or any interactions with Third Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, but not limited to, reporting such user to a law enforcement agency; (3) at our sole discretion and without limitation, deny, limit access, limit availability or disable (to the extent technically feasible) any or part of your contribution; (4) at our sole discretion and without limitation, notice or liability, to remove from the Site or otherwise disable all files and content that are excessive or in any way burden our systems;
PRIVACY POLICY
We care about privacy and data security. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, as posted on the Site, which is incorporated into these Terms of Use. Please note that the Site and the Marketplace offers are hosted in the United States. If you access the Site or Marketplace Offerings from any other region of the world that has laws or other requirements for the collection, use or disclosure of personal information that differ from applicable United States laws, then by continuing to use the Site, you provide your information to the United States, and you expressly consent to the transfer and processing of your data to the United States.
COPYRIGHT VIOLATIONS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes any copyright that you own or control, please notify us immediately using the contact details provided below (“Notice”). A copy of your Notice will be sent to the person who posted or stored the material covered by the Notice. Please note that you may be held liable for damages under applicable law if you provide material misrepresentation in your Notice. Accordingly, if you are not sure that material on the Website or to which links are found on the Website infringes your copyright, you should first contact an attorney.
PERIOD AND SOLUTION
These Terms of Use will remain in full force and effect throughout your use of the Website. Without limiting any other provisions of these conditions of use, we reserve our own recognition and without notifying or liability to refuse access and use of the site and market offers (including blocking some IP addresses) for any reason or without reason, including without restrictions related to violating any declarations , WARRANTIES OR LEGACY CONTAINED IN THESE TERMS OF USE OR APPLICABLE LAW OR REGULATION. WE MAY END USE OR PARTICIPATION ON THE SITE AND MARKET OFFERS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU HAVE PUBLISHED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE.
If, for any reason, we close or suspend your account, you may not register and create a new account under your name, false or borrowed name, or the name of a third party, even if you may be acting on behalf of a third party. adoption. In addition to closing or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, civil, criminal and regulatory claims.
CHANGES AND INTERRUPTIONS
We reserve the right to change, modify or remove the content of the Website at any time or for any reason at our sole discretion and without notice. However, we are under no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension or cessation of the operation of the Site or the Marketplace Offerings.
We cannot guarantee that the Site and Marketplace offers will be available at all times. We may encounter hardware, software or other problems or require maintenance related to the Site, which will result in interruptions, delays or errors. We reserve the right to change, amend, update, suspend, discontinue or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice. You agree that we will not be liable in any way for any loss, damage or inconvenience caused by your inability to access or use the Website or the Marketplace Offerings during any downtime or cessation of the Website or Marketplace Offerings. Nothing in these Terms of Use shall be construed as obliging us to maintain and support the Site or the Marketplace Offerings, or to provide any corrections, updates,
GOVERNMENT LAW
These Terms of Use and your use of the Site and Marketplace Offerings shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts concluded and to be fully performed within the State of Florida, without regard to its conflict of laws principles.
DISPUTE RESOLUTION
Informal negotiations
To expedite the resolution and control the cost of any dispute, controversy or claim relating to these Terms of Use (each “Dispute”, and collectively “Disputes”) brought by you or us (individually, “Party” and collectively, “Parties”), The parties agree to first informally attempt to negotiate any Disputes (except for Disputes expressly set out below) at least thirty (30) days prior to the commencement of the arbitration. Such informal negotiations shall commence upon written notification by one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute by informal negotiation, the Dispute (except for Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT, WITHOUT THIS PROVISION, YOU HAVE THE RIGHT TO BRING A COURT AND JURY SECTION. Arbitration will be commenced and conducted in accordance with the American Arbitration Association (“AAA”) Commercial Arbitration Rules and, as applicable, the AAA Supplementary Procedures for Consumer Disputes (“AAA Consumer Rules”), both of which are available on the AAA website at www.adr .org . Your arbitration fees and your contribution to the arbitrator’s fees will be subject to the AAA Consumer Rules and, where applicable, the limitations of the AAA Consumer Rules. If the arbitrator deems such costs to be excessive, we will pay all arbitration fees and expenses. Arbitration may be conducted in person by filing documents, by telephone or online. The arbitrator will make the decision in writing, but need not provide a reason, unless requested by a Party. The arbitrator must abide by applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise required by applicable AAA or applicable law, the arbitration will be held in Bervard, Florida. Unless otherwise agreed, the parties may bring proceedings to force arbitration, suspend the proceedings pending arbitration, or confirm, amend, dismiss or adjudicate on the arbitrator’s award.
If for any reason a Dispute is pending in court and not in arbitration, the Dispute will be commenced or prosecuted instate and federal courtslocated in Bervard , Florida, and the parties hereby agree to and waive any objection of lack of personal jurisdiction or forum inconvenient with respect to place and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is exempt from these Terms of Use.
In no event may any Dispute brought by any of the Parties relating to the Website in any way be commenced more than one 1) years after the cause of operation has appeared. If this provision is found to be illegal or unenforceable, then neither party elects to arbitrate a dispute falling within the scope of that part of this provision that is found to be unlawful or unenforceable, and such dispute will be settled by a court of competent jurisdiction in in the courts listed for the jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
Limitations
The parties agree that any arbitration will be limited to a Dispute between the Parties individually. To the fullest extent permitted by law: (a) no arbitration will be joined with any other proceeding; (b) has no right or authority to any Dispute to be settled by class action or to use class action procedures; and (c) has no right or authority to bring a Dispute as purported representative on behalf of the public or any other person.
Exceptions to Informal Negotiation and Arbitration
The parties agree that the following Disputes are not subject to the above provisions for informal negotiation of binding arbitration: (a) any Dispute relating to the enforcement or protection of, or regarding the validity of, any intellectual property right of a Party; (b) any Dispute relating to or arising from allegations of theft, piracy, violation of privacy or unauthorized use; and (c) any claim for an injunction. If this provision is found to be illegal or unenforceable, then neither party elects to arbitrate a dispute falling within the scope of that part of this provision that is found to be unlawful or unenforceable, and such dispute shall be settled by a court of competent jurisdiction in the courts listed for the jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Website at any time without prior notice.
DISCLAIMER
THE SITE IS PROVIDED “AS IS AND” ON AN “AS IS” BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ANY WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH AND USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, LIABILITY, SUITABILITY AND APPLICABLE WARRANTIES. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE CONTENT OF THE WEBSITES CONNECTED WITH THIS SITE AND WE SHALL NOT BE LIABLE FOR ANY ERRORS, ERRORS. 2) INJURY TO THE BODY OR PROPERTY DAMAGE OF ANY KIND, RESULTING FROM ACCESSING AND USING THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVER AND ANY 4 / OR INFORMATION OR DISCONTINUED TRANSMISSION TO OR FROM THE SITE, (5) ANY ERRORS, VIRUSES, TROJAN OR THE LIKE WHICH MAY BE TRANSFERRED TO OR VIA THE SITE BY THIRD PARTIES AND / OR (6) ANY MISTAKES OR MISCONDUCT LOSS OR DAMAGE OF ANY KIND OF USE OF CONTENT PUBLISHED, TRANSMITTED OR OTHERWISE AVAILABLE THROUGH THE SITE. We do not guarantee, do not stop, we do not provide responsibility for any products or services advertised or offered by the third page via a website, a website hyperlocular website or a website or a mobile application in another banner advertising and we will not be a website or will not be responsible for monitoring any transaction BETWEEN YOU AND THE SUPPLIERS OF PRODUCTS OR SERVICES. AS WHEN YOU PURCHASE A PRODUCT OR SERVICE FROM ANY MEANS OR IN ANY ENVIRONMENT, USE YOUR BEST SENSE AND CARE.
LIMITS OF LIABILITY
IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR THIRD PARTIES FOR ANY DIRECT, INDIRECT, SECONDARY, EXEMPLARY, INCIDENTAL, INCLUSIVE, OR INCLUSIVE OR PARTICULAR RESPONSIBILITY EVEN IF WE ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. WHATSOEVER CONTAINED IN THIS PROVISION OF CONFLICT, OUR LIABILITY TO YOU FOR ANY CAUSES AND FOR ANY FORM OF ACTION WILL BE LIMITED TO THE AMOUNT PAID, IF APPLICABLE. CERTAIN STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE RIGHTS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
COMPENSATION
You agree to defend, hold and dispose of us, including our subsidiaries, affiliates and all of our managers, agents, partners and employees, against and against any loss, damage, liability, claim or claim, including reasonable attorneys’ fees and expenses incurred by any third party because of or arising from: (1) your contribution; (2) use of the Website; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set out in these Terms of Use; (5) violating the rights of third parties by the user, including but not limited to intellectual property rights; or (6) any overt harmful activity against any other Site user who you have accessed through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the sole defense and control of any matter for which you are required to indemnify us, and agree to cooperate at your expense in defending such claims. We will use our best endeavors to notify you of any such claim, action or proceeding that is covered by this indemnification upon becoming aware of them.
USER DATA
We will retain certain data that you provide to the Website in order to manage the performance of the Website, as well as data regarding the use of the Website. While we perform routine data backups on a regular basis, you are solely responsible for all data that you submit or that relates to any activity that you take using the Site. You agree that we will not be liable to you in any way for any loss or damage to such data, and you hereby waive any right to take action against us arising out of such loss or damage to such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us e-mails, and completing online forms constitute electronic communication. You consent to receiving electronic communications and agree that all contracts, notices, disclosures and other communications that we provide to you electronically, via email, and on the Site comply with all legal requirements for such communications to be in writing. HEREBY AGREE TO USE ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER DOCUMENTS, AND PROVIDE ELECTRONIC NOTIFICATIONS, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR BY THE PARTIES. You hereby waive any rights or requirements under any laws, rules, rules, ordinances or other regulations in any jurisdiction that require an original signature or the provision or retention of non-electronic records.
CALIFORNIA USERS AND RESIDENTS
If any complaint is not resolved satisfactorily, you may contact the Complaints Unit of the Consumer Services Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone on (800) 952 -5210 or (916) 445-1254.
VARIOUS
These Terms of Use and any rules or operating rules posted by us on or in relation to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. These Terms of Use operate to the fullest extent permitted by law. We may transfer some or all of our rights and obligations to others at any time. We are not responsible for any loss, damage, delay or omission caused by any cause beyond our control. If any provision or part of a provision of these Terms of Use is found to be illegal, invalid or unenforceable, then that provision or part of the provision may be severed from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment or agency relationship is created as a result of these Terms of Use or Use of the Site. You agree that these Terms of Use will not be construed against us because of their drafting. You hereby waive any forms of defense that you may have against the electronic form of these Terms of Use and the failure to sign the parties to comply with these Terms of Use. You agree that these Terms of Use will not be construed against us because of their drafting. You hereby waive any forms of defense that you may have against the electronic form of these Terms of Use and the failure to sign the parties to comply with these Terms of Use. You agree that these Terms of Use will not be construed against us because of their drafting. You hereby waive any forms of defense that you may have against the electronic form of these Terms of Use and the failure to sign the parties to comply with these Terms of Use.
CONTACT US
To investigate a complaint regarding the Website or for further information regarding the use of the Website, please contact us at:
