Terms & Conditions
CONDITIONS OF USE & SERVICE TERMS
Welcome to BossLashClub.com. Boss Lash Club LLC and/or its affiliates ("Boss Lash Club") provide website features and other products and services to you when you visit or shop at BossLashClub.com, use Boss Lash Club products or services (collectively, the "Boss Lash Club Products & Services"). Boss Lash Club provides the Boss Lash Club Products & Services subject to the following conditions.
When you use Boss Lash Club Products & Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other means, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Products & Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Boss Lash Club or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Boss Lash Club Products & Services is the exclusive property of Boss Lash Club and protected by U.S. and international copyright laws.
Boss Lash Club is a trademark owned by Boss Lash Club LLC. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Boss Lash Club's Products & Services are trademarks or trade dress of Boss Lash Club in the U.S. and other countries. Boss Lash Club's trademarks and trade dress may not be used in connection with any product or service that is not Boss Lash Club, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Boss Lash Club. All other trademarks not owned by Boss Lash Club that appear in any Boss Lash Club Products & Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Boss Lash Club.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Boss Lash Club or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Boss Lash Club Products & Services. This license does not include any resale or commercial use of any Boss Lash Club Products & Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Boss Lash Club Products & Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Boss Lash Club or its licensors, suppliers, publishers, rights holders, or other content providers. No Boss Lash Club Products & Services, nor any part of any Boss Lash Club Products & Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Boss Lash Club. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Boss Lash Club without express written consent. You may not use any meta tags or any other "hidden text" utilizing Boss Lash Club name or trademarks without the express written consent of Boss Lash Club. You may not misuse the Boss Lash Club Products & Services. You may use the Boss Lash Club Products & Services only as permitted by law. The licenses granted by Boss Lash Club terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Boss Lash Club account to use certain Boss Lash Club Products & Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may be allowed from time to time to post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Boss Lash Club reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Boss Lash Club a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Boss Lash Club and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Boss Lash Club for all claims resulting from content you supply. Boss Lash Club has the right but not the obligation to monitor and edit or remove any activity or content. Boss Lash Club takes no responsibility and assumes no liability for any content posted by you or any third party.
Boss Lash Club respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org or +1 530-320-0657.
RISK OF LOSS
All purchases of physical items from Boss Lash Club are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Boss Lash Club does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Boss Lash Club does not take title to the refunded item.
Boss Lash Club attempts to be as accurate as possible. However, Boss Lash Club does not warrant that product descriptions or other content of any Boss Lash Club Products & Services is accurate, complete, reliable, current, or error-free. If a product offered by Boss Lash Club itself is not as described, your sole remedy is to return it in unused condition.
SANCTIONS AND EXPORT POLICY
You may not use any Boss Lash Club Products & Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Boss Lash Club Products & Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BOSS LASH CLUB PRODUCTS & SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOSS LASH CLUB PRODUCTS & SERVICES ARE PROVIDED BY BOSS LASH CLUB ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BOSS LASH CLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BOSS LASH CLUB PRODUCTS & SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOSS LASH CLUB PRODUCTS & SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BOSS LASH CLUB PRODUCTS & SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, BOSS LASH CLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOSS LASH CLUB DOES NOT WARRANT THAT THE BOSS LASH CLUB PRODUCTS & SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOSS LASH CLUB PRODUCTS & SERVICES, BOSS LASH CLUB SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BOSS LASH CLUB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BOSS LASH CLUB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BOSS LASH CLUB PRODUCTS & SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BOSS LASH CLUB PRODUCTS & SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Boss Lash Club Products & Services, or to any products or services sold or distributed by Boss Lash Club or through BossLashClub.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at 1146 Meredith Way Folsom CA 95630. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-530-320-0657. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Boss Lash Club Products & Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Boss Lash Club.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Boss Lash Club Products & Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Boss Lash Club LLC
1146 Meredith Way
Folsom Ca 95630
ADDITIONAL BOSS LASH CLUB SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Boss Lash Club Products & Services (the "Boss Lash Club Software").
Use of the Boss Lash Club Software. You may use Boss Lash Club Software solely for purposes of enabling you to use the Boss Lash Club Products & Services as provided by Boss Lash Club, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Boss Lash Club Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Boss Lash Club Software in whole or in part. All software used in any Boss Lash Club Products & Services is the property of Boss Lash Club or its software suppliers and is protected by United States and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Boss Lash Club Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Boss Lash Club Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the Boss Lash Club Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Boss Lash Club Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other Boss Lash Club or third-party terms applicable to any portion of Boss Lash Club Software, such as open-source license terms, such other terms will control as to that portion of the Boss Lash Club Software and to the extent of the conflict.