Terms of Agreements & Conditions
TERMS of AGREEMENTS & CONDITIONS
Last updated June 1, 2019
AGREEMENT TO TERMS
Welcome to Highclass Lashes® PRO!
This website is operated by Highclass Lashes® PRO. Throughout the site, the terms “we”, “us” and “our” refer to Highclass Lashes® PRO. Highclass Lashes® PRO 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.
By visiting our site, enrolling for any trainings, purchasing, and/ or using Highclass Lashes® PRO products and services, you engage in our “Service” and 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. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Highclass Lashes® PRO (“we,” “us” or “our”), concerning your purchasing, using Highclass Lashes® PRO products and services, and/or access to and attendance to the Eyelash Extensions Trainings held by Highclass Lashes® PRO, as well as any other media form, media channel, webTraining, mobile webTraining or mobile application related, linked, or otherwise connected thereto (collectively, the “Training”). You agree that by purchasing and/or registering for an Highclass Lashes® PRO Training, Product and/or Service, you have read, understood, and agreed to be bound by all of these Terms of Agreements & Conditions. If you purchase and/or register for an Highclass Lashes® PRO Training, Product and/or Service, you also represent and confirm you are a qualified Professional (if applicable), at least 18 years of age, will use the Product, Service and/or Training in strict accordance with all terms, conditions and requirements specified herein (including any specified on the Highclass Lashes® PRO website).
This agreement is between you and Highclass Lashes® PRO, a Limited Liability Company registered with the State of New Jersey, having an address of 572 Valley Rd #43593, Montclair, NJ 07043 (“Highclass Lashes”) regarding terms of agreements and conditions as to the providing of Trainings, Products and Services by Highclass Lashes® PRO in the business of beauty services in the field of artificial and false eyelashes, namely, consulting in, and applying, styling, maintaining, removing, and repairing artificial and false eyelashes.
OBLIGATIONS BY Highclass Lashes® PRO
This training is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to attend this training unless given exclusive permission by an authorized representative of Highclass Lashes® PRO. Highclass Lashes® PRO will provide training and course work in helping you generally understand the business of beauty services in the field of artificial and false eyelashes, namely, consulting in, and applying, styling, maintaining, removing, and repairing artificial and false eyelashes. Highclass Lashes® PRO will provide you with training based on the general industry standard in this regard. It is contemplated in this agreement that Highclass Lashes® PRO will reveal proprietary information that shall enhance a final product provide you learn and implement the training as strictly provided by Highclass Lashes® PRO. Highclass Lashes® PRO makes no guarantee or promise that you will be capable of being able to independently carry out services contemplated within the training.
WAIVER OF LIABILITY; RISK ACKNOWLEDGEMENT
You understand that the training services contemplates herein include manual maneuvering about the face of a person, particular to the eyes, and include the use of chemicals and substances that may be hazardous to your health or the health of the individual you will be working on, or agree to have work on you; furthermore, you acknowledge and accept all the inherent risks associated with applying eyelash extensions and to take the necessary safety precautions and care to prevent accidental injury.
You understand that by accepting and participating in training, it will require you to be hands on with another person, and you likewise agree to allow another person to be hands on with you for the same purpose of learning how to provide eye lash extensions about the eye. Highclass Lashes® PRO will provide supplies needed for training, however it should not be expected or anticipated that you will be providing to another participant or receiving from another participant a complete and or competent eyelash extension application in regards to any partial or full training session. The only products and tools you will be allowed to use are those provide to you by Highclass Lashes® PRO. It is your responsibility to make sure you and or the other person you will be working on will not have any negative side-effects upon administering or using the potentially hazardous substances, such as allergies. It is your responsibility that the person you work with is not allergic to any product used and or that the individual you work on is capable otherwise of not experiencing any medical emergency due to known issues such as epilepsy or other illness or condition that would otherwise prevent the person from maintaining stability during a lash procedure.
You agree that prior to using any product or tool provide to you in the course of training that you have fully-investigated all ingredients and confirm that you and the person you are working with have no potentially hazardous side-effects that would be cause based on normal administering or use of the chemicals and substances. Additionally, you agree that you will not apply eyelash extensions without first undertaking the necessary requirements of a signed and dated client in-take, consent form waiver form, detailed client consultation (and their consent to the treatment), performing a 48 hour patch test, and assess a client for any potential contraindications. Furthermore, you have the duty to make sure you are competent to administer chemicals near or about someone eye, with sufficient precision that you will not cause injury. Should there be an issue, whereby you or someone else becomes involved in a situation, during the course of training, you must immediately report it to Highclass Lashes® PRO.
If you do not volunteer to be worked on by another participant during the course of any training session, for any reason, not limited to you, not being able to have eye lash extensions applied to you, have allergies, are unwilling or have any reason otherwise, then you must either provide a live person in your place to participate on your behalf, who must have prior written approval by Highclass Lashes® PRO.
You understand that professional licensure is not required to be able to enroll for a training. However it is highly recommended to be a licensed professional (esthetician, cosmetology, dental, medical).
Additionally you understand that state licensing requirements for the application of eyelash extensions vary from state to state, so it is your responsibility to make sure you are following the laws in regards to all things eyelash extensions, including but not limiting to: application, practicing, regulations, licensing, certification, etc.
AGREEMENT TO PAY
You may enter into a payment plan with Highclass Lashes® PRO in order to reserve your space to a training session or sessions. The full remaining balance is due prior to training start date. Failure to pay balance will result in legal repercussion.
Trainings are completely nonrefundable but possible to be rescheduled.
Rescheduling: You are allowed to reschedule a training session any time, however under the following conditions:
- Any training session rescheduled 14-days or more before the scheduled training will be honored with a one-time free reschedule. After that, there will be $250 (two hundred fifty dollar) reschedule fee imposed.
- A $250 (two hundred fifty dollar) rescheduling fee will be imposed for any training rescheduled between 48 hours and 14 days before the scheduled training.
- A $400 (four hundred dollar) rescheduling fee will be imposed for any training rescheduled within 48 hours of the scheduled training. There is no rescheduling fee contemplated for any no show, in which case you forfeit all money paid to Highclass Lashes® PRO. And agree to waive any claim for reimbursement and/or refund otherwise.
You may not attend the training for any purpose other than that for which we make the training available. The training may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a student of this training, you agree not to:
1. Systematically retrieve data or other content from the Training to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Use the Training to advertise or offer to sell goods and services.
- Use the Training as part of any effort to compete with us or otherwise use the Training and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Training.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing help or services to you.
6. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Training.
- Use the Training in a manner inconsistent with any applicable laws or regulations.
INTELLECTUAL PROPERTY RIGHTS
Highclass Lashes® PRO owns the copyright for all training materials and literature that you will be supplied in the course of the training contemplated by this agreement. Highclass Lashes® PRO owns trade secret rights to a method of applying, styling, maintaining, removing, and repairing artificial and false eyelashes. It is up to the sole discretion of Highclass Lashes® PRO if it shall disclose trade secrets to you. In the course of your training however, should you be disclosed trade secrets, you agree to maintain and keep trades a secret. That by entering this agreement you agree not to use or challenge the Intellectual Property rights disclosed herein and that you agree to not copy or disseminate any copyrighted materials or reveal trade secrets with regards to those you become privy to as a result of training received from Highclass Lashes® PRO as subject to this agreement.
The information provided in the training is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to attend this training do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Unless otherwise indicated, no part of the Training and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the Training, the Content and the Marks.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Training (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Training at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Training. We also reserve the right to modify or discontinue all or part of the Training without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Training.
We cannot guarantee the Training will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Training, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Training at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused
At any point in time, Highclass Lashes® PRO may dismiss you from any of its training at any time for any reason. You will be entitled to a partial refund from Highclass Lashes® PRO of a proportion of fees you paid to Highclass Lashes® PRO for training. No costs incurred from third parties or for supplies provided to you from Highclass Lashes® PRO are refundable. A refund is only entitled to you if the dismissal was not based on your breach of any term provided herein.
Should a disagreement or breach arise at any time subject to the terms of this agreement, you hereby agree that this agreement shall constitute a sufficient showing of consent that you agree to be subject to an injunction by any competent court to immediately stop violating any portion of this agreement until such time as a final judgment may be entered. You agree that the choice of law should be the State of New Jersey and venue should be in New Jersey within 50 miles of zip code 07043. Provided that any dispute arises, you further agree to binding arbitration as directed by a competent court or as agreed to by the parties.
Your actual revenue may be different and will vary based on many things, including your skill level, location, market rates, and demand in your area, mix of new clients or be returning clients and the number of hours you work.
Highclass Lashes® PRO reserves the right to take, edit, alter, publish, distribute and make use of any and all picture and videos taken during a training to be used in and/or for legally promotional materials including but not limited to, class photos, class videos, websites, social networking sites, advertisements, and other digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats and markets now know or hereafter devised. This authorization shall continue indefinitely, unless otherwise revoke said authorization in writing. You understand, agree and give consent that these materials shall become the property of Highclass Lashes® PRO and will not be returned. You hereby hold harmless and release Highclass Lashes® PRO, its officers and employees, its successors, assigns, and each and all persons involved from any and all liability, petitions and causes of action connected with the taking, recording, digitizing, or publication of photos, images, video and/or sound recordings to be used for promotional purposes on our websites, or for any other purpose by Highclass Lashes® PRO and its representatives.
We reserve the right, but not the obligation, to: (1) monitor you for violations of these Terms of Agreements; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Agreements, including without limitation, reporting such user to law enforcement authorities.
In the event Highclass Lashes® PRO is prevented from performing an obligation contemplated under this agreement, as a result of any event beyond its reasonable control, you agree to excuse Highclass Lashes® PRO from its inability to perform and will accept a rescheduling within 60 days as a reasonable. If Highclass Lashes® PRO is unable to reschedule any training session within 60 days, then you are entitled to a full refund for any training services paid, not including any costs for supplies, travel, lodging or other costs and or fees incurred or agreed to by and between you and a third party.
You may not take legal action against Highclass Lashes® PRO for any reason at anytime.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States County, NJ. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Training be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Training that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Training at any time, without prior notice.
These Terms of Agreements and any policies or operating rules posted by us on the Training or in respect to the Training constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Agreements shall not operate as a waiver of such right or provision. These Terms of Agreements operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Agreements is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Agreements and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Agreements or use of the Training.
SECTION 1 – ONLINE STORE TERMS
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 laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
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 the Service, 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 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to 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 anytime 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.
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.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
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. In the event that we make a change to or cancel an order, we may 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.
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.
For more detail, please review our Returns Policy: https://www.highclasslashespro.com/faq/#returns
For more detail, please review our Shipping Policy: https://www.highclasslashespro.com/faq/#shipping
SECTION 7 – OPTIONAL 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 8 – 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 goods, services, resources, content, or any other 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 the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
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 intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
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 12 – PROHIBITED USES
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; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – 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.
In no case shall Highclass Lashes® PRO, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold Highclass Lashes® PRO harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees; against any and all claims, requests, accusations, allegations, assertions, complaints, petitions, demands, suits, actions, proceedings, governmental inquiries, investigations, damages, liabilities, attachments, judgements, losses, penalties, fines, settlements, and expenses, including but not limited to court costs and reasonable attorneys’ fees, whether indirect, special, incidental, economic, consequential, exemplary or punitive, of any nature arising out of or related to the use or misuse of trainings, products and/or services sold or supplied by Highclass Lashes® PRO, including, but not limited to, intellectual property of Highclass Lashes® PRO; from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the training, product and/or service; (2) breach of these Terms of Agreements; (3) any breach of your representations and warranties set forth in these Terms of Agreements; ( 4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the TRAINING with whom you connected via the TRAINING. This indemnity is intended to apply to any theory of recovery including, but not limited to, claims of actual or alleged negligence by Highclass Lashes® PRO (whether active or passive, sole or concurrent, simple or cross, strict or statutory), provided that Highclass Lashes® PRO liability will be limited to the purchase price of that training, product, and/or service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Highclass Lashes® PRO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of 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.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision 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 provisions.
SECTION 16 – TERM AND TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If we terminate or suspend you for any reason, you are prohibited from re-registering and/or re-purchasing. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
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, or when you cease using our site.
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).
SECTION 17 – 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 constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Trainings, Products and/or Services shall be governed by and construed in accordance with the laws of 572 Valley Road #43593, Montclair, NJ 07043, United States applicable to agreements made and to be entirely performed within the the State of New Jersey, without regard to its conflict of law principles.
SECTION 19 – 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 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com
In order to resolve a complaint regarding the Training or to receive further information regarding use of the Training, please contact us at:
Highclass Lashes® PRO
572 Valley Rd #43593
Montclair, NJ 07043