Terms of Use

TERMS OF USE

 

Last updated July 30, 2019 

  

AGREEMENT TO TERMS

 

These Terms of Use constitute a legally binding agreement (the “Agreement” or “Terms of Use”) made between you, whether personally or on behalf of an entity (“you”) and A&A Beauty Supply and Salon Design ("Company", “we”, “us”, or “our”), concerning your access to and use of the www.aabeautysupplies.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.  For purposes of this Agreement, accessing the Site only to review this agreement or the Company’s Privacy Policy, a copy of which is available on the Site, (the “Privacy Policy”) is not deemed to be use of the Site.

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.  

 

The Site is intended for users who are at least 13 years old. Persons under the age of 13 are not permitted to use or register for the Site.  

 

 

INFORMATION

 

The Company collects personal information from individuals using the Site.  All such personal information obtained by the Company will be processed, protected, transferred and used by the Company as set forth in the Privacy Policy.

 

INTELLECTUAL PROPERTY

 

The Site may contain trademarks and service marks owned by the Company.  All such trademarks and service marks shall at all times remain the property of the Company.  All patents, copyrights and other intellectual property rights in, or relating to, the Site or any content are also owned or licensed by the Company, and shall at all times remain the property of the Company or its licensors, as applicable.  Access to the Site does not give you a license or other right in any intellectual property of the Company or its licensors, except as may be expressly authorized in writing by the Company.

 

USER REPRESENTATIONS

 

By using the Site, you represent and warrant that: (1) all registration/account information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration/account information as necessary;  (3) you have the legal capacity and you agree to comply with these Terms of Use;  (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

     

 

USER REGISTRATION

     

If you choose to establish an account and/or order products from this Site, you will be required to provide personal information to the Company, including a user name and password that complies with whatever protocol is from time to time established by the Company. You are solely responsible and liable for using commercially reasonable measures to protect any personal information collected by the Company through the Site from loss or unauthorized access, alteration, disclosure or use.  You agree to obtain and maintain all third-party equipment, software and services necessary to safely and securely access the Site. You also agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

     

 

SECURITY BREACH

 

You shall immediately notify the Company in writing of any loss or unauthorized access, alteration or disclosure or use of personal information collected by through the Site, including the unauthorized disclosure or use of your user name and/or password.  The Company may rely on any use of your user name and password, whether by a third party, as having been authorized by you unless you previously notified the Company in writing of any unauthorized disclosure or use, and the Company had a reasonable opportunity of not less than five business days to act on such notice.  In responding to any such breach, you shall comply with all applicable laws and render all assistance requested by the Company so that the Company can comply with all laws applicable to it, if any, or take other appropriate remedial measures as a result of such breach.

 

 

PRODUCTS

 

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your 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 items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

 

 

PURCHASES AND PAYMENT

 

We accept the following forms of payment: 

 

-  Visa 

-  Mastercard 

-  American Express 

 You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices and acceptable forms of payment at any time. All payments shall be in U.S. dollars.  

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through the Site. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

  

RETURN POLICY

     

All sales are final and no refund will be issued.

      

PROHIBITED ACTIVITIES

 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

 

1.  Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 

2.  Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 

3.  Use the Site to advertise or offer to sell goods and services. 

4.  Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 

5.  Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 

6.  Sell or otherwise transfer your profile. 

7.  Attempt to impersonate another user or person or use the username of another user. 

8.  Use any information obtained from the Site in order to harass, abuse, or harm another person. 

9.  Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. 

10.  Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. 

11.  Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. 

12.  Use the Site in a manner inconsistent with any applicable laws or regulations. 

 

 

LINKS TO OTHER WEBSITES

 
The Site may contain links to third-party web sites or services that are not owned or controlled by A&A Beauty Supply and Salon Design.
 
A&A Beauty Supply and Salon Design has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that A&A Beauty Supply and Salon Design 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 such content, goods or services available on or through any such web sites or services.
 

INDEMNIFICATION


You shall indemnify, defend, and hold harmless the Company from all costs, damages, expenses, fines, liabilities, losses, penalties and payments incurred by the Company (including, but not limited to, fees and disbursements of counsel to the Company) in connection with any claim relating to (a) Your failure to perform any obligation pursuant to this Agreement, or any warranty or representation made by you in this Agreement being untrue or misleading in any respect, (b) any unauthorized use of the Site by you or any third-party using your account, user name, or password, (c) any data or other information provided by you in using the Site, (d) any infringement of any third-party intellectual property or other rights in connection with your use of the Site (not including any such infringement arising from your use of the Site as contemplated by this Agreement), or (e) except to the extent the Company is grossly negligent or engages in intentional misconduct, any use of, or reliance on, the Site for any purpose.


DISCLAIMER

THE SITE IS MADE AVAILABLE TO YOU “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, THE COMPANY (A) DOES NOT WARRANT OR REPRESENT THAT (I) THE SITE WILL ALWAYS BE AVAILABLE FOR USE, (II) ANY USE OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, (III) DEFECTS IN THE SITE WILL BE CORRECTED, (IV) THE SITE IS, OR WILL BE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR (V) THE SITE WILL BE IN COMPLIANCE WITH ANY APPLICABLE LAW OR OTHER STANDARDS, AND (B) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).



LIMITATION OF LIABILITY


THE COMPANY WILL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE SITE, THIS AGREEMENT, OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS).  EXCEPT ONLY IN THE CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY THE COMPANY. IN NO EVENT WILL ANY LIABILITY OF THE COMPANY WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR (B) U.S. $1,000.  THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY THE COMPANY, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.



SEVERABILITY


Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law.  If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.


AMENDMENT


We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.


DISPUTES


This Agreement shall be governed by, and interpreted and enforced in accordance with, the law of the State of New York without regard to principles of conflict of laws.  Any dispute relating to the Site or this Agreement must be submitted exclusively to a court located in Erie County, New York within one year after the event giving rise to such dispute.  You consent to any such court being a proper venue for such dispute, and waives any right to object to such court being an improper venue, whether for inconvenience or otherwise. If any lawsuit is commenced, you waive any right to a jury trial, (b) consent to all findings of fact be determined by the presiding judge, and (c) waive any right to bring or join any claim against the Company as a member or other participant in any class action or other similar form of litigation. The party prevailing in any such dispute shall collect from the other party all costs and expenses incurred by it in connection with such dispute (including, but not limited to, all fees and disbursements of counsel).

 

CONTACT US

If you have any questions about these Terms of Use, please contact us at apisarcik@aabeautysupplies.com.

 

NOTICE

You must send all notices relating to the Site or this Agreement to the Company at apisarcik@aabeautysupplies.com. Any such notice will be effective only upon actual receipt by the Company.  The Company may send notices to you through electronic mail or regular mail. Any such notice will be effective (a) immediately upon the Company’s sending such notice to the email address it has in its records for you in the case of electronic mail, (b) five business days after the Company’s sending such notice to the address it has in its records for you in the case of regular mail, and (c) immediately upon you using the Site after such notice is posted on https://www.aabeautysupplies.com