Welcome to the LushLashes.com site (the "Site").
LushLashes.com provides the content and services
available on the Site to you subject to the
following terms and conditions ("Terms
and Conditions"). By accessing, using,
or shopping through the Site, you are acknowledging
that you have read, understand, and agree, without
limitation or qualification, to be bound by
these Terms and Conditions and our Privacy Policy.
Accuracy of Information
We attempt to be as accurate as possible when
describing our products on the Site; however,
to the extent permitted by applicable law, we
do not warrant that the product descriptions,
pricing, colors, or other content available
on the Site are accurate, complete, reliable,
current, or error-free.
General
You acknowledge and agree that these Terms and
Conditions, which include our Privacy Policy,
constitute the complete and exclusive agreement
between us concerning your use of the Site,
and supersede and govern all prior proposals,
agreements, or other communications.
We reserve the right, in our sole discretion,
to change these Terms and Conditions at any
time by posting the changes on the Site. Any
changes are effective immediately upon posting
to the Site. Your continued use of the Site
constitutes your agreement to all such terms
and conditions. We may, with or without prior
notice, terminate any of the rights granted
by these Terms and Conditions. You shall comply
immediately with any termination or other notice,
including, as applicable, by ceasing all use
of the Site. Nothing contained in these Terms
and Conditions shall be construed as creating
any agency, partnership, or other form of joint
enterprise between us. Our failure to require
your performance of any provision hereof shall
not affect our full right to require such performance
at any time thereafter, nor shall our waiver
of a breach of any provision hereof be taken
or held to be a waiver of the provision itself.
In the event that any provision of these Terms
and Conditions shall be unenforceable or invalid
under any applicable law or be so held by any
applicable arbitral award or court decision,
such unenforceability or invalidity shall not
render these Terms and Conditions unenforceable
or invalid as a whole. We will amend or replace
such provision with one that is valid and enforceable
and which achieves, to the extent possible,
our original objectives and intent as reflected
in the original provision.
Content
Lushlashes.com provides information regarding
false eyelashes products and third-party merchants,
and links to third-party merchants that are
selling listed products. The products listed
on the Lushlashes.com are sold by third-party
merchants, not by Lushlashes.com.
Lushlashes.com offers third-party merchant
links. By the use of this site, you acknowledge
that Lushlashes.com does not sell, resell or
license any products listed on this site nor
is Lushlashes.com acting as an agent of sale.
You agree to direct any question, complaint
or claim 1) about merchants (for example, about
their products, customer service for their products
or delivery) to the appropriate merchant or
seller, and 2) about payments to the appropriate
payment processor.
Lushlashes.com does not warrant that product
descriptions, pricing, or any other content
on the this site regardless of its source, is
accurate, complete, reliable or current. Lushlashes.com
assumes no liability for inaccuracy or incompleteness
in its search results and any site content.
Indemnification
You agree to defend, indemnify and hold us
harmless for any loss, damages or costs, including
reasonable attorneys' fees, resulting from any
third party claim, action, or demand resulting
from your use of the Site. You also agree to
indemnify us for any loss, damages, or costs,
including reasonable attorneys' fees, resulting
from your use of software robots, spiders, crawlers,
or similar data gathering and extraction tools,
or any other action you take that imposes an
unreasonable burden or load on our infrastructure.
Intellectual Property
All content available on the Site is the property
of Lush Lashes. Content or Trademarks nor any
portion of the Site may not be used, reproduced,
duplicated, copied, sold, resold, accessed,
modified, or otherwise exploited, in whole or
in part, for any purpose without our prior written
consent.
The use of other names, logos, and trademark
within this Site is intended only to identify
products by their common name. Lushlashes.com
does not claim to own any of these trade marks
nor claim that Lushlashes.com is related to,
endorsed by, or in any other way connected or
associated with these companies.The names, logos,
product names, trade names, and related trademarks
and service marks, where not the property of
Lushlashes.com, appearing within this website
remain the property of their respective owners.
Privacy
Please review our Privacy
Policy, which also governs your visit to
the Site, so that you may understand our privacy
practices.
Representations and Warranties; Limitation
of Liability
THE SITE IS PRESENTED "AS IS." WE
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THESE TERMS AND CONDITIONS OR THE SITE,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS
AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE
OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE),
UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION
OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(D) LOSS OR DAMAGES OF ANY SORT INCURRED AS
A RESULT OF DEALINGS WITH OR THE PRESENCE OF
OFF-WEB SITE LINKS ON THE SITE; (E) COMPUTER
VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH
MAY OCCUR IN CONNECTION WITH YOUR USE OF THE
SITE, INCLUDING DURING HYPERLINK TO OR FROM
THIRD PARTY WEB SITES (F) ANY INACCURACIES OR
OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR
REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY
LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND (INCLUDING LOST PROFITS) RELATED
TO THE SITE REGARDLESS OF THE FORM OF ACTION
WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM
AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS
($100.00).
Third Party Links
We are not responsible for the content of any
off-Web site pages or any other Web sites linked
to or from the Site, including, without limitation,
LushLashes.com. Links appearing on the Site
are for convenience only and are not an endorsement
by us, our affiliates or our partners of the
referenced content, product, service, or supplier.
Your linking to or from any off-Web site pages
or other Web sites is at your own risk. We are
in no way responsible for examining or evaluating,
and we do not warrant the offerings of, off-Web
site pages or any other Web sites linked to
or from the Site, nor do we assume any responsibility
or liability for the actions, content, products,
or services of such pages and Web sites, including,
without limitation, their privacy policies and
terms and conditions. You should carefully review
the terms and conditions and privacy policies
of all off-Web site pages and other Web sites
that you visit.