These Terms of Use (these "Terms") govern your relationship with and use of the services and features of the websites owned and operated by Liquid Keratin Inc. (“liquidkeratin.com”, "us", "we", or "our"), including www.liquidkeratin.com (the “Websites”), as well as your purchase of products from us (collectively, the "Service").
Please read these Terms carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service, regardless of whether these Terms are accessed from a computer or mobile device. By accessing or using the Service, you agree to be bound by these Terms whether or not you have read them and accept all legal consequences arising therefrom. If you do not agree to these Terms, in whole or in part, you should not use the Service or buy any products from us.
PURCHASES
If you wish to purchase any product or service made available through the Service (a "Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Our Privacy Policy will apply to the provision of such information by you. You represent and warrant that (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of your Purchase.
We reserve the right to refuse or cancel your order at any time, with full refund to you, for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order or for other reasons.
We reserve the right to refuse or cancel your order, without refund to you, if fraud or an unauthorized or illegal transaction is suspected and we will not be held responsible or liable for any failure to complete the Purchase, or any resulting loss or damages to you.
Given the popularity of our products, and except where prohibited by law, we may limit the number available for Purchase, so that as many clients as possible may enjoy our merchandise.
PRODUCT INFORMATION
The products displayed on the Websites can be ordered and delivered only within the United States. All prices displayed on the Websites are quoted in United States Dollars. If any minor uses any product from us, it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by liquidkeratin.com.
All material and information presented by liquidkeratin.com is intended to be used for personal, educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration, Health Canada or an other regulatory body and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure, mitigate or prevent any condition or disease. All products should be use strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the website and the service is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the service before using or relying on them.
Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions and the Service does not replace any medical professional or medical resource. Spencerbarnesla.com does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Websites. If you are in need of medical attention, call an emergency helpline or your physician immediately.
AVAILABILITY, ERRORS AND INACCURACIES
In order to provide exceptional service and accuracy, we regularly update the products and services on the Service. However, we cannot and do not guarantee the accuracy or completeness of any information provided to you in connection with the Service, including prices, product images, produce descriptions and specifications or availability. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice to you. We may experience delays in updating information on the Service and in our advertising on other websites, and are not liable for any such delays.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. Promotions may be available for a limited time.
ACCOUNTS
When you create an account with us, you must provide information to us that is accurate, complete and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service or any third party service available through our Service, and for any activities or actions under your passwords, whether your passwords are with our Service or a third party service. You agree not to disclose your password(s) to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity, a name that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
INTELLECTUAL PROPERTY
The Service and its content, including but not limited to text, images, graphics, logos, audio or video clips, software and code are the property of liquidkeratin.com unless expressly otherwise indicated and are protected by copyright, trademarks and other intellectual property rights. All other trademarks not owned by liquidkeratin.com or its affiliates that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by liquidkeratin.com or its affiliates. You may copy, download or print portions of the material from the Service only for your own personal and non-commercial use, or in connection with placing an order with liquidkeratin.com. Any other use of the materials on the Service, including their modification, distribution, republishing, transmission, display, performance, translation, production or communication to the public, is strictly prohibited without our prior written consent and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark or other intellectual property of liquidkeratin.com. or its affiliates.
LINKS TO OTHER WEBSITES
The Service may contain links to third party websites or services that are not owned or controlled by liquidkeratin.com (“Third Party Content”), such as Facebook, Twitter or You Tube. liquidkeratin.com has no control over, and assumes no responsibility for, Third Party Content, including privacy policies or practices. You acknowledge and agree that liquidkeratin.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Content, or goods or services available on or through any such Third Party Content. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
TERMINATION
We may terminate or suspend access to our Service immediately, without prior notice to you, for any reason whatsoever, including, without limitation, if you breach these Terms. All provisions of these Terms shall survive termination or suspension of the Service, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability. If you wish to terminate your account with us, you may simply discontinue using the Service. We are not liable to you for any reason upon our termination or suspension of the Service.
YOUR REPRESENTATIONS AND WARRANTIES
By submitting any content to our Websites, including reviewing our products, you represent and warrant that:
you understand that your content will be available to all other users of the Websites and potentially on third party websites;
you are the sole author and owner of the intellectual property and other rights related to your content, and it does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
all "moral rights" and other non-assignable rights that you may have in such content have been voluntarily waived by you in favour of us;
all content that you post is accurate, and is not false or misleading;
you are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Service and agree to these Terms;
the content you post does not violate these Terms, any applicable laws or any contractual or fiduciary relationship, and will not cause injury to any person or entity;
the content you supply is not unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership, corporation or other person; the content you post is not submitted for compensation or other consideration from any third party, and does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; and
the content you post does not contain any computer viruses, worms or other potentially damaging computer programs or files.
We do not endorse any content posted by our users or any opinion, recommendation or advice expressed on our Service, and we disclaim all liability with respect to such content. If your content includes ideas or suggestions, such content is not confidential or proprietary to you and you are not entitled to compensation, payment or reimbursement of any kind for such content from us. For any content that you submit, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, communicate to the public by telecommunication, create derivative works from and/or sell and/or distribute such content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless liquidkeratin.com, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs (including legal and accounting costs), actions or demands arising out of (i) your use of or access to the Services, including any content posted by you on the Service; (ii) your breach of any of these Terms; (iii) your violation of any law or the rights of a third party; (iv) any activity related to your account with us, including any negligent or illegal conduct by you or any person or entity accessing the Service using your account whether or not such access is obtained via fraudulent or illegal means; or (v) any breach of your representations and warranties above.
DISCLAIMER AND LIMITATION OF LIABILITY
Some jurisdictions may not allow the exclusion of implied or legal warranties and conditions, so some the following exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law.
Liquidkeratin.com make no guarantees, representations or warranties of any kind regarding the service or any products sold in conjunction therewith. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent of permitted by law. Your use f the service and the products is at your own risk. The service is provided on an “as is” and “as available” basis. The service and all related products are provide without warranties of any kind, where express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, non-infringement or course of performance.
We sell health and beauty products from producers throughout the world. We will attempt to provide you with product labeling information, but we are not the manufacturer of the products for sale on the Websites and therefore are not responsible for any adverse reactions thereto or any failure of a product to satisfy any special use requirements or otherwise meet the needs or expectations of our customers. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings. Since we do not manufacture the products we sell, we do not accept any liability for the failure of our products to meet any specific needs of a user of the product or for any loss, damage or injury caused by such products. We will, upon request, endeavor to identify the manufacturer of the product and provide to you the contact information for the manufacturer.
Liquidkertain.com does not represent or warrant that the information accessible though the service is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. Price and availability information contained on this service is subject to change without notice. We shall not be bound by any errors or omission in pointing product information or prices with respect to any products or services offered on this service.
Liquidkeratin.com, its subsidiaries, affiliates, and its licensors do not warrant that (i) the Service will be uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.
Liquidkeratin.com, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third party on or related to the Service; (iv) any content obtained from or through the Service; or (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
NON-WAIVER OF RIGHTS
If you breach any of these Terms and liquidkeratin.com chooses not to immediately act, or chooses not to act at all, liquidkeratin.com will still be entitled to all rights and remedies at any later date or in any other situation. Liquidkeraitn.com. does not waive any of its rights. Liquidkeratin.com shall not be responsible for any purported breach of these Terms caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
ORDER ACCEPTANCE, SHIPPING AND REFUNDS
The receipt of an email order confirmation by you does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on the Website or any advertisement. Liquidkeratin.com reserves the right, without prior notification, to limit the order quantity of a product or to refuse service to any customer for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified as potential fraud. The products available on the Websites and through the Service are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from us. Customer information may be required prior to the acceptance of any order. If we accept an order placed by you, we will notify you of an estimated time for shipment (in which case the order shall be deemed to remain open until delivery). Charges to your credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. All orders of products from the Service shall be subject to our return policy.
GOVERNING LAW, SEVERABILITY AND ENTIRE AGREEMENT
These Terms shall be governed by, interpreted and enforced in accordance with the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms shall be severed therefrom and shall remain in effect. These Terms and our Privacy Policy constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
CHANGES
We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision to these Terms is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new provisions taking effect. What constitutes a material change will be determined in our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, in whole or in part, please stop using the Websites and the Service.
CONTACT US
If you have any questions about these Terms, please contact us at customerservice@liquidkeratin.com.