BEVERLY HILLS BEAUTY LAB
Terms And Conditions of Use
Effective Date: 8/1/2016
This website (hereinafter sometimes referred to as “the Service”) is operated by Beverly Hills Beauty Lab. Throughout the site, the terms "we", "us" an" "our" refer to Beverly Hills Beauty Lab. Beverly Hills Beauty Lab offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. If you disagree with any of the terms and conditions herein, then you may not access the website or use any services.
By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. If these Terms of Service are considered an offer, your acceptance is expressly limited to these Terms of Service.
Any new features or tools which are subsequently added to this site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
This Site, http://nomorespiderveins.com, and any webpage associated with Beverly Hills Beauty Lab are operated in and governed by, and in accordance with, the laws of the United States. This Site is intended for the use of residents of the United States. Please note that information we collect may be transferred and processed in the United States. As such, be aware if you are located in Canada, the European Union, or any other country outside the United States. By using the Site or by providing us with any information you irrevocably agree and acknowledge that (i) the Site is subject to the laws of the United States and (ii) the collection, processing, maintenance, and transfer of such information in done in the United States in which the laws on privacy may not be as comprehensive to those in the country where you, the User, reside and/or are a citizen of, and (iii) you waive any claims that may arise under those laws.
SECTION 1 – GENERAL CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright, patent and trademark laws).
You must not transmit any worms or viruses or any code of a destructive nature. You may not use or engage in Spam activities.
A breach or violation of any of the Terms will result in an immediate termination of your Services and may subject you to a claim for damages, should any be caused by you.
You understand that your content (not including credit card information), may be transferred, unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this site, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 – WEBSITE CONTENT
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We have made every effort to display as accurately as possible the colors and images of our products that appear on this site. We cannot guarantee that your computer monitor's display of any color will be accurate. Furthermore, sometime we change and/or redesign our labels and packaging. As such, we cannot guarantee that any product purchased from us will be of the same label design or packaging as that depicted on our website.
Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We reserve the right at any time to modify or discontinue the Service, or the sale of any product therein (or any part or content thereof) without notice at any time.
SECTION 11 – POSSIBLE ERRORS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 4 - PRODUCT USE
The Content (as defined below) presented on this Website is intended for personal, educational or informational purposes only. In addition, 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. You should always check the ingredients for products to avoid potential allergic reactions, as Beverly Hills Beauty Lab may change ingredients from time to time. All products should be used strictly in accordance with their instructions, precautions and guidelines. Our Website is solely an online store for our beauty products and is not meant to serve as a substitute for medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from our Website before using or relying on them as possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions, we do not represent ourselves as a medical resource and no medical treatments are intentionally provided.
SECTION 5 – PROHIBITED RESALE; FIRST SALE DOCTRINE
You may not sell or resell any products you purchase or otherwise receive from us. Beverly Hills Beauty Lab reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you, as determined by Beverly Hills Beauty Lab in its sole discretion.
Beverly Hills Beauty Lab does not authorize the resale or distribution of any kind of our product by any third party. By purchasing a product from this site, you irrevocably agree that You will not sell, resell, distribute or otherwise offer for sale any Beverly Hills Beauty Lab product purchased or otherwise received by You, nor will you give, sell and/or otherwise transfer Beverly Hills Beauty Lab products purchased by You to any third party for the purpose of reselling or otherwise distributing. Beverly Hills Beauty Lab is the owner of all trademarks on this site, except where otherwise indicated, and Beverly Hills Beauty Lab reserves the right to pursue any unlawful reseller, retailer and/or distributor for violations of our trademarks including, not limited to, an injunction and/or all other remedies available under The Lanham Act and the laws of the United States.
We reserve the right, but are not obligated to, limit the sales of our products or Services to or from any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 – PRODUCT AVAILABILITY
Certain products or services may be available exclusively online through this website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
This Site is provided on an "as is" and "as available" basis. Visitors to the Site agree that their use of, and reliance on any advice or information obtained from or through, the Site is at their own sole risk. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We specifically abrogate and disclaim any warranties of merchantability, fitness for a particular purpose and/or any other warranties not specifically set forth herein.
No advice or information, with oral or written, obtained by you from us or through the Site shall create any warranty not expressly stated hereunder.
SECTION 7 - ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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 and/or telephone number, or orders using a different customer account, credit card, billing and/or shipping address and/or telephone number, if we suspect that you are using a false artifice to circumvent our decision to refuse your order. In the event that we make a change to or cancel an order, we may, but are not obligated to, 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.
SECTION 8 - FRAUD PROGRAM
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity
SECTION 9 - OPTIONAL WEBSITE TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of information, goods, services, resources, content, or any other use and/or transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to that third-party.
SECTION 11 - USER SUBMISSION POLICY
Beverly Hills Beauty Lab encourages User Materials on the Website. You must be a registered user to submit User Materials. User Materials are subject to the following rules:
By submitting any User Materials, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old;
- you are not impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any User Materials:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
SECTION 12 - USER CONTENT POLICY
Beverly Hills Beauty Lab welcomes user comments, information, and submissions. You may upload comments, information, photographs, video clips, reviews and other content to the Site. If you send any specific submissions solicited by us (for example, contest entries, testimonials, etc.) or without a request from us, such as user comments, information, photographs, video clips, reviews, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'submissions'), you agree that a) such submissions become the sole and exclusive property of Beverly Hills Beauty Lab at the time of said submission, and; b) we may, at any time, without restriction, edit, copy, publish, distribute, translate and/or otherwise use those submissions in any medium, known or unknown, in perpetuity, throughout the Universe. We are and shall be under no obligation (1) to maintain any submissions in confidence; (2) to pay compensation or give credit for any submissions; or (3) to respond or reply to any submissions.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s rights, intellectual property or these Terms of Service.
SECTION 14 – INTELLECTUAL PROPERTY, PROHIBITED USES
You acknowledge that the content available through this Site, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content on the Sites, as well as the look and feel and the organization of the Content on the Website, including arrangement and compilation thereof (meaning the collection, arrangement and assembly), copyrights, trademarks, patent rights and other intellectual property and proprietary rights therein is and are the sole and exclusive property of Beverly Hills Beauty Labs and is and are protected by copyrights, trademarks, patents, or other proprietary rights and laws. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN TO YOU ARE RESERVED. Your use of the Website does not grant you ownership of any such Content.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet, and/or (l) any other purpose not specifically authorized, in writing, by us. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
The products and services on this Site are intended for personal, non-commercial purposes only. You irrevocably agree to use this Site only for lawful, non-commercial purposes and in compliance with all local, state, federal, and international law. You may not use, reproduce, copy, reverse engineer, modify, copy, publish, distribute, display, transmit, adapt, frame, link, sell, or license or in any other way exploit the content or product on this Site.
Subject to these Terms and Conditions, Beverly Hills Beauty Lab grants you permission to use the Website and the Content only for placing an order, using the Interactive Services or using the Website as a shopping resource. Any other use of the Website without the prior written permission of Beverly Hills Beauty Lab in each instance is strictly prohibited.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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, durability, title, and non-infringement.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend, save and hold harmless Beverly Hills Beauty Lab and our members, brother/sister organizations, parent companies, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, or any other person, for any injury, claim, cost, charge, cause of action or other thing, including reasonable attorneys’ fees, made by any you or third-party due to or arising out of your use of any product on our site, your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. This indemnification provision shall serve as a bar to any litigation against us, except as specifically provided for herein, an absolute defense against you for any legal action you may bring against us and shall also serve as a stipulation of judgment in favor of us should you bring any legal action against us for any matter so indemnified.
SECTION 17 - SEVERABILITY
In the event that any provision(s) of these Terms of Service is determined to be unlawful, void or unenforceable, such provision(s) shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provision(s).
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services. These terms of service shall survive and continue to apply to any products purchased or used by you, at any time, despite such termination, and shall apply to any damages you may claim while using the Service, or any continued use of the Service occurring after you inform us of your termination.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). In the event of such termination by us, these terms of service shall survive and continue to apply to any products purchased or used by you, at any time, despite such termination, and shall apply to any damages you may claim while using the Service, or any continued use of the Service occurring after you inform us of your termination.
SECTION 19 – WAIVER, ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service, and the products purchased therefrom, constitutes the entire agreement and understanding between you and us and govern your use of the Service, and any products purchased therefrom, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW, JURISDICTION & VENUE
The use of this Site and these Terms and Conditions Agreement shall be governed by the laws of the State of California applicable to agreements made and fully performed in California by California residents without regard to choice of law provisions. By using this site and/or purchasing any product or service therein, you irrevocably submit yourself to the venue and jurisdiction of the State and Federal Courts of the State of California, Los Angeles County.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – ARBITRATION
This Agreement and the resolution of any dispute related to this Agreement, the Site, or items you purchase through the Site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. The parties agree that in the event of any dispute which arises between the parties relating to this Agreement which the parties are unable to resolve, said disputes shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, using the expedited rules for Arbitrations. If for what every reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute. Any and all disputes shall be submitted individually by you, and shall not be subject to any class action status. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. If either of us is required to retain the services of any attorney to enforce or otherwise arbitrate, litigate or defend any matter or claim arising out of, relating to or in connection with these Terms of Service, then the prevailing Party shall be entitled to recover from the other Party, in addition to any other relief awarded or granted, its reasonable costs and expenses (including, without limitation, attorneys' fees, arbitration fees and costs and/or court costs) incurred in the proceeding.
You agree that you are prohibited from bringing suit against us unless and until you can establish that you have fully and completely complied with each and every term and condition contained herein.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST BEVERLY HILLS BEAUTY LABS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLANTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
In the event of any such Arbitration, you are limited to claiming your actual damages only. You specifically and forever waive any claims to punitive or other damages, loss of wages, loss of consortium, pain and suffering and any other such damages.
SECTION 23 – RISK OF LOSS
All items purchased from the Site are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.
Beverly Hills Beauty Lab disclaims any liability or responsibility for any overdraft charges or fees you may incur form your card issuer or bank for insufficient funds.
SECTION 24 – RETURN POLICY
Beverly Hills Beauty Lab offers a 60-Day Money Back Warranty on all of its products purchased directly through this Site. Warranty shall commence on the date the order is shipped from our facilities. All return shipping charges, including without limitation, importing/exporting fees, are the responsibility of the customer. All returns must be shipped with a unique track-able number (a tracking number). Please contact our customer representative for return instructions.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at