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Terms and Conditions

 

Terms and Conditions

 

 

Effective as of June 01, 2020

 

Agreement between User and Eossibeauty.com

Welcome to Eossibeauty.com. The Eossibeauty.com website (the "Site") is comprised of various web pages operated by Eossi Beauty. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

Health Information/FDA Disclosure

 Any statements on this Site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the Site have been approved or endorsed by the FDA or any regulatory agency. The products sold on the Site are not intended to diagnose, treat, cure or prevent any disease. The information on this Site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. Any information provided on this Site should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. You should consult your physician before using any of our products.

 

Use of this Site

All products sold on this Site are intended for legal use and may not be used or discussed in a manner that is illegal. As the consumer, it is your responsibility to know your local, state and federal laws before making your purchase. Prior to purchasing any product(s) on this Site, you agree to verify the legality of our products in the jurisdiction where you request shipment. Eossi Beauty shall not be responsible for any liability arising from the alleged illegality of products sold to you on this Site. Any governmental employee, agency, or agent must identify themselves to the operators of Eossi Beauty upon their entering the Site, and when ordering any products from our Site. Eossi Beauty reserves the right to request a scan of any customer’s photo ID for age verification before shipping an order.

Access to this Site

Access to this Site

You must be eighteen (18) years or older to use this Site and to purchase goods or services on this Site. If you are under eighteen (18) years of age, you are not permitted to access this Site for any reason. By using this Site (and, thus, agreeing to the Terms and Conditions) you warrant and represent that you are at least eighteen (18) years of age.

To access this Site or some of the products and resources it has to offer, you may be asked to provide certain personal information or other details for registration or order purposes. It is a condition of your use of this site that all the information you provide to Eossi Beauty be true, accurate, current and complete. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of our Site. Account information and certain other information about you are subject to the terms of our Privacy Policy. 

No Unlawful or Prohibited Use/Intellectual Property

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Eossi Beauty, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: 

-       Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

-       You may store files that are automatically cached by your Web browser for display enhancement purposes.

-       You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

-       If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

-       If we provide social media features with certain content, you may take such actions as are enabled by such features.

 

You must not:

 

-       Modify copies of any materials from this site.

 

-       Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

 

-       Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

 

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

 

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: shannon@eossibeauty.com

  

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Eossi Beauty is not responsible for third party access to your account that results from theft or misappropriation of your account. Eossi Beauty and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

  

Electronic Communications

 

Visiting the Site or sending emails to Eossi Beauty constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Privacy

 

Your use of the Site is subject to Eossi Beauty's privacy policy (the “Privacy Policy”), which may be accessed at this web address: [PRIVACY POLICY WEB ADDRESS]. Please review the Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Links to Third Party Sites/Third Party Services

 

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Eossi Beauty and Eossi Beauty is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Eossi Beauty is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Eossi Beauty of the site or any association with its operators.

 

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Eossibeauty.com domain, you hereby acknowledge and consent that Eossi Beauty may share such information and data with any third party with whom Eossi Beauty has a contractual relationship to provide the requested product, service or functionality on behalf of Eossibeauty.com users and customers.

 

Trademarks

 

The company name, the terms Eossi and Eossi Beauty, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the company or its affiliates or licensors. You must not use such marks without the prior written permission of Eossi Beauty. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

  

Use of Communication Services

 

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

  

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Eossi Beauty has no obligation to monitor the Communication Services. However, Eossi Beauty reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Eossi Beauty reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Eossi Beauty reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Eossi Beauty's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Eossi Beauty does not control or endorse the content, messages or information found in any Communication Service and, therefore, Eossi Beauty specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Eossi Beauty spokespersons, and their views do not necessarily reflect those of Eossi Beauty.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to Eossibeauty.com or Posted on Any Eossi Beauty Web Page

 

Eossi Beauty does not claim ownership of the materials you provide to Eossibeauty.com (including feedback and suggestions) or post, upload, input or submit to any Eossi Beauty Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you grant Eossi Beauty, our affiliated companies and sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Eossi Beauty is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Eossi Beauty's sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Cancellation/Refund Policy

 

You may replace or return your product for a full refund for up to 30 days after the original purchase date.

  

Product Warranty and Disclaimers

 

Eossi Beauty warrants that, for a period of 30 days from the date of shipment of products ordered through the Site, such products will be free from material defects in material and workmanship.

 

EXCEPT FOR THE WARRANTY SET FORTH IN THE PREVIOUS PARAGRAPH, EOSSI BEAUTY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ANY PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

  

Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT BY ORDERING OR OTHERWISE PURCHASING ANY PRODUCT FROM EOSSI BEAUTY, YOU ASSUME ALL RISK OF USING SUCH PRODUCTS IN ANY WAY AND FOR ANY PURPOSE.

  

IN NO EVENT SHALL EOSSI BEAUTY OR ANY OF ITS REPRESENTATIVES BE LIABLE IN ANY WAY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES OR LOST PROFITS OR REVENUES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR USE OF ANY PRODUCTS ORDERED FROM THE SITE, OR ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, PRODUCTS LIABILITY, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

 

EOSSI BEAUTY MAKES NO CLAIM AS TO THE LEGALITY OF ITS PRODUCTS IN YOUR JURISDICTION. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LAWS GOVERNING OR RELATED TO HEMP. YOU WILL BE RESPONSIBLE FOR ANY DAMAGES OR PENALTIES EOSSI BEAUTY FACES AS A RESULT OF YOUR USE OF THE SITE, SHIPPING PRODUCTS TO YOU, OR ANY OTHER UNLAWFUL ACTIONS OR BEHAVIOR BY YOU.

  

ANY LIABILITY ON THE PART OF EOSSI BEAUTY OR ITS AFFILIATES OR REPRESENTATIVES, IN THE AGGREGATE, SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE PARTICULAR INFORMATION, PRODUCT, OR SERVICE PROVIDED OR $25, WHICHEVER IS GREATER.

 

Indemnification

 

You agree to indemnify, defend and hold harmless Eossi Beauty, its officers, directors, employees, agents and third parties, for any losses, costs, penalties, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement, your violation of, or your causing Eossi Beauty to violate, any jurisdiction-specific hemp laws, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Eossi Beauty reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Eossi Beauty in asserting any available defenses.

 

Third Party Accounts

 

You will be able to connect your Eossi Beauty account to third party accounts. By connecting your Eossi Beauty account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

International Users

 

The Site is controlled, operated and administered by Eossi Beauty from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Eossi Beauty Content accessed through Eossibeauty.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Arbitration

 

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules"). The award rendered by the arbitrator shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction. Judgment on the award shall be final and non-appealable. There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondent of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules. The seat or place of arbitration shall be Denver, Colorado. The arbitration shall be conducted and the award shall be rendered in the English language. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.

  

Class Action Waiver

 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Eossi Beauty agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

 

Termination/Access Restriction

 

Eossi Beauty reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

  

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eossi Beauty as a result of this agreement or use of the Site. Eossi Beauty's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Eossi Beauty's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Eossi Beauty with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Eossi Beauty with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Eossi Beauty with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

 

Eossi Beauty reserves the right, in its sole discretion, to change the Terms under which Eossibeauty.com is offered. The most current version of the Terms will supersede all previous versions. Eossi Beauty encourages you to periodically review the Terms to stay informed of our updates.

  

Contact Us

 

Eossi Beauty welcomes your questions or comments regarding the Terms:

 

Eossi Beauty 1017 30th street 

Denver, Colorado 80205 

Email Address: info@eossibeauty.com 

Telephone number: (303) 981-0442