Terms & Conditions
This web site (www.evolurebeauty.com) is operated by Evolure Beauty LLC ,a Florida Limited Liability Company. Welcome to Evolure Beauty.
Before you use the Evolure Beauty Web Site (the Site), please read the following terms that govern your use of the Site. By using the Site, you agree to follow and be bound by these terms (the Agreement).
Copyrights, Trademarks and other Intellectual Property Rights
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and other written materials that are part of the Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed Evolure Beauty. The Site as a whole is protected by copyright and trademark, all worldwide rights, titles and interests in and to which are owned by Evolure Beauty.
All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited.
This web site may contain typographical errors or inaccuracies and may not be complete or current. Evolure Beauty reserves the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
This web site, and any information or content on this web site, are provided "as is." Evolure Beauty makes no representations or warranties of any kind, whether express or implied, with respect to this web site or content or information available on or through this web site. Except as otherwise provided under applicable laws, neither Evolure Beauty , nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this web site or any other web site linked to this web site. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Evolure Beauty is notified in advance of the potential for any such damages.
User Comments, Feedback and other Submissions All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Evolure Beauty or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain the property of Evolure Beauty . Such disclosure, submission or offer shall constitute an assignment to Evolure Beautyof all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other submissions.
Duties, Taxes and Licenses
All duties, taxes and licenses incurred while shopping at Evolure Beauty are the sole responsibility of the customer. Evolure Beauty will not be held responsible (nor vouch) for any orders with pending taxes, duties or licenses.
Ancillary Computer Equipment and Services
You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site.
You shall use Evolure Beauty for lawful purposes only. You shall not transmit through Evolure Beauty any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to Evolure Beauty for any breach of this provision or any other provision of this Agreement.
Warranty/Disclaimer of Liability
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT Evolure Beauty SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
You agree specifically that Evolure Beauty shall not be:
A. Liable to you in any amount that exceeds the total of the invoice for services and products provided on the transaction in dispute.
B. Liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages.
C. Liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of Evolure Beauty.
D. Liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site. Indemnification You agree to indemnify, defend and hold harmless Evolure Beauty against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorney’s fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing Evolure Beauty under your account. Governing Law The Site is owned, created and controlled by _EVOLURE BEAUTY LLC d/b/a Evolure Beauty in the State of FLORIDA. The laws of FLORIDAwill govern all terms, conditions and disclaimers on the Site, including this Agreement, without giving effect to any principles of conflicts of laws.
I DO HEREBY AGREE TO THE TERMS OF THIS AGREEMENT