Introduction
Welcome to Careline® Skin, Lipstick, Cosmetics, Makeup, Lip Balm (the “Site”). This Site is operated by Careline Cosmetics LLC (“Careline”, “we” or “us”). Please read these Terms and Conditions carefully before using our Site.
By accessing or using the Site, you agree to be bound by these Terms and Conditions and all applicable laws and regulations. If you do not agree with any of these Terms and Conditions, you are prohibited from using or accessing this Site.
Use of Site
Permitted Use: The content and information on this Site is for your personal and non-commercial use only. You may download and print portions of the content from the different areas of the Site solely for your own non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices from the materials.
Prohibited Use: Any other use of the content and information on this Site requires our express prior written consent. You may not use, reproduce, distribute, modify, display, publish, license, create derivative works from, offer for sale, or use the content and information on this Site for commercial purposes. Your use of the Site does not grant you ownership of any content or information you may access on the Site.
Purchases and Payments
If you wish to purchase any products or services made available through the Site, you may be asked to supply certain information relevant to your purchase including your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
Prices and availability of products and services are subject to change without notice. The price charged will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized on your receipt.
We aim to provide accurate product and pricing information, however errors may occur. We reserve the right to refuse or cancel any order. Certain orders constitute fraudulent purchasing and may be referred to the fraud department of your credit card company.
Returns and Refunds: Please review our Return Policy posted on the Site prior to making any purchase for details about returns and refunds.
User Accounts
In order to access some features of the Site, you may be required to register and create an account. When creating your account, you agree to provide accurate and complete information about yourself. You are solely responsible for the activity that occurs under your account.
You are responsible for keeping your account information secure and must immediately notify us of any unauthorized use of your account. We reserve the right to suspend or terminate your account if you are using the Site improperly or if you breach these Terms and Conditions.
User Content
We may now or in the future offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Careline Licensed Elements included therein, “User Content”).
Subject to the rights and license you grant herein, you retain whatever legally cognizable right, title and interest that you have in your User Content.
By submitting any User Content, you hereby grant to Careline a worldwide, perpetual, irrevocable, non-exclusive, fully paid-up and royalty-free, transferable and sublicensable right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, create derivative works from, and/or incorporate such User Content in any form, medium or technology throughout the world without compensation to you.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms and Conditions. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Careline will infringe, violate, misappropriate or misuse any intellectual property right or proprietary right of any third party.
Prohibited Content
You agree not to submit any User Content or otherwise use the Site in any way that:
- Infringes any third party’s copyrights, patent rights, trademark rights, trade secret rights, rights of privacy, rights of publicity or other intellectual property or proprietary rights;
- Contains any material that is defamatory, obscene, unlawful, abusive, pornographic, vulgar, offensive, promotes violence, promotes discrimination, contains nudity, is harmful to minors, or is otherwise objectionable to Careline;
- Contains any viruses, Trojan horses, malware, spyware or similar harmful code;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, provincial, national or international law.
We reserve the right to remove any prohibited User Content without notice to you.
Copyright Infringement Notice
Careline respects the intellectual property rights of others. If you believe your copyright has been violated on this Site, please contact our Copyright Agent with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
Our Copyright Agent for notice of claims of copyright infringement can be reached by directing an e-mail to the Copyright Agent at [email protected].
Links to Third Party Websites
The Site may provide links to other websites maintained by third parties. We provide such links solely as a convenience to you. The inclusion of a link does not imply endorsement of the linked site by us. You access and use such linked websites at your own risk. We are not responsible for the content or practices of such websites. Our Privacy Policy does not apply to third party websites and we are not responsible for the collection, usage, or disclosure of information collected through such websites. Please check the privacy policies on those websites to understand their privacy practices.
Disclaimers
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATIONS) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY CARELINE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CARELINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, CARELINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARELINE DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, CARELINE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CARELINE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARELINE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
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, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CARELINE BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, SERVICES, OR FUNCTIONS, EVEN IF CARELINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL CARELINE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CARELINE IN THE LAST SIX (6) MONTHS, OR $100, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
Indemnification
You agree to indemnify and hold harmless Careline and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, caused by or arising out of claims based upon your actions or use of the Site, including any user content you submit, email you send, your violation of these Terms and Conditions or arising from your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Privacy Policy
Please review our Privacy Policy to understand our practices regarding personal information provided by you, which is incorporated herein by reference.
Modification and Termination
We reserve the right, in our sole discretion and at any time, to:
- Change these Terms and Conditions;
- Restrict, suspend or terminate your access to all or any part of the Site;
- Change, suspend or discontinue all or any part of the Site; and/or
- Refuse any current or future use of all or any part of the Site.
Such actions may be taken without notice to you. The Terms and Conditions posted at that time shall be binding on you effective immediately. You shall have no recourse or remedy against us in the event of any change, suspension or discontinuation of the Site or any content, products or services offered through the Site.
Governing Law
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of Delaware, without regards to its conflict of law provisions.
Mandatory Arbitration Provision
You agree that any dispute or claim relating in any way to your access or use of the Site as a user, to any products sold or distributed through the Site, or to any aspect of your relationship with Careline will be resolved by binding arbitration, rather than in court. This includes any claims you assert against us, our employees, subsidiaries, affiliates, agents, representatives, suppliers, any third party information providers, or any applicable licensors or licensees (collectively, the “Careline Parties”), including, but not limited to contract and tort claims, claims based on any statute, and whether the claims are based on common law.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Arbitration will be conducted by the American Arbitration Association (AAA) under its rules. If there is a conflict between the AAA’s rules and this arbitration agreement, this agreement will control.
You and Careline agree that any arbitration will be limited to the dispute between Careline and you individually. YOU ACKNOWLEDGE AND AGREE THAT (A) YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST CARELINE INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS; and (B) YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY.
You and Careline agree that you will notify Careline of any dispute within 30 days of when it arises, that you and Careline will attempt informal resolution within 60 days of when such notice is received, and that, thereafter, either you or Careline may initiate arbitration. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’s native language, with a translator provided by the party presenting such witness. Judgment on the award rendered in arbitration may be entered and will be enforceable in any court having jurisdiction over the parties.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR CARELINE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at [email protected].
Consent to Electronic Communications
By using this Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
