The Sites, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials"), is Evie Blender’s property and is protected by trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Sites or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Sites in whole or in part, for any public or commercial purpose without the specific prior written permission of Evie Blender. We grant you a personal, limited, non-exclusive, non-transferable license to access the Sites and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Sites and to terminate, change, suspend or discontinue any aspect of the Sites, including, but not limited to, the Materials on the Sites as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Sites or restrict your access to part, or all, of the Sites without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Evie Blender is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Sites, and is the copyright owner of the Materials on the Sites, unless otherwise indicated. The Evie Blender logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Evie Blender Intellectual Property") are owned by Evie Blender and may be registered in the United States and internationally. You agree not to display or use the Evie Blender Intellectual Property in any manner without Evie Blender’s prior permission. Nothing on the Sites should be construed to grant any license or right to use any Evie Blender Intellectual Property without the prior written consent of Evie Blender.
Except as otherwise provided herein, use of the Sites does not grant you a license to any Materials or features you may access on the Sites and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Sites is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by Evie Blender. If you make use of the Sites, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Sites including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
4. Product Information
The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. See the shipping information section of www.evieblender.com for more information. Evie Blender products displayed on the Sites may be available in select Evie Blender retail stores in the U.S. and certain foreign markets. All prices displayed on www.evieblender.com are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Evie Blender.
All material and information presented by Evie Blender is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Evie Blender are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Evie Blender it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Evie Blender does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Evie Blender does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
5. Limits on Purchases
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our products, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our products. We also may, among other things, restrict 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. We reserve the right to limit, cancel or prohibit orders that, in our sole judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of Evie Blender products, including, but not limited to, all purchases made on our site and retail stores.
6. Errors, Inaccuracies and Omissions
While Evie Blender has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. We make every effort to present the most recent, accurate, and reliable information on the Site at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and we reserve the right to amend errors or to update product information at any time without prior notice. In the event a product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any product listed at the incorrect price.
7. Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "User Content"). We will not accept User Content from you unless you are a registered user of the Sites.
8. Your Use of User Content on the Sites and Limitation of Liability
Evie Blender provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. Evie Blender is not liable for any statements, representations, or User Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive Services. Any User Content, if displayed, is displayed for entertainment and informational purposes only. More generally, User Content posted via or on the Sites or any Third Party Site, including through the Interactive Services, is not controlled by Evie Blender. Evie Blender cannot guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Interactive Services, you may be exposed to User Content that may be offensive, indecent or objectionable and Evie Blender shall not be liable for any such User Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Evie Blender be liable in any way for any User Content, including, but not limited to, for (i) any errors or omissions in any User Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any User Content or enforce limitations on use of the Site or the User Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Evie Blender reserves all rights not expressly granted in and to the User Content. When using the Interactive Services, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
9. User Content Submissions
By submitting User Content to Evie Blender, you represent and warrant that:
· You understand you are participating in a public forum and that your User Content will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites;
· All "moral rights" that you may have in such User Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the User Content that you submit, or any derivative works of or upgrades or updates thereto;
· All User Content that you post is accurate;
You also represent and warrant that any User Content you submit:
· Is not false, inaccurate or misleading;
· Does not harm minors;
· Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
· Does not violate any obligations you may have with respect to such User Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
· Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation
· Is not submitted for compensation or other consideration from any third party
· Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
· Is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
· Does not contain any computer viruses, worms or other potentially damaging computer programs or files.
Evie Blender does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Evie Blender disclaims all liability with respect to the User Content posted by third parties.
If your User Content includes ideas, suggestions, documents or proposals to Evie Blender through the Interactive Services, (a) such User Content is not confidential or proprietary and Evie Blender has no obligation of confidentiality, express or implied, with respect thereto; (b) Evie Blender may have something similar to that User Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such User Content from Evie Blender under any circumstances unless you are otherwise notified by Evie Blender in writing.
10. Guidelines for Interactive Services
We want to know what you think of the products you've tried, bought, know and love and we encourage you to use our Interactive Services. When writing a review for the Sites, posing a question on the Q&A service or commenting on any comment board, please consider the following guidelines:
· Focus on the product and your individual experience using it;
· Provide details about why you like or dislike a product; and
You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any Evie Blender official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.
11. Third-Party Services; Advertisements; Dealings With Third Parties
(B) Any interactions, correspondence, transactions, or dealings you have with any third parties found on or through the Site (including on or via Third-Party Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Evie Blender disclaims all liability in connection therewith.
12. Mobile Services
If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
13. Modification of User Content
15. Reservation of Rights
16. Disclaimer of Warranties
Evie Blender IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Evie Blender DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Evie Blender DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
17. Disclaimer of Liabilities
Evie Blender WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. This provision does not apply to New Jersey residents.
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Evie Blender's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the Sites;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· Your name, address, telephone number and email address (if available); and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Evie Blender's DMCA designated copyright agent for notice of claims of copyright infringement on the Sites is Simran A. Singh, Esq. who can be reached as follows:
Simran A. Singh, Esq.
Singh Singh & Trauben, LLP
400 South Beverly Hills Drive
Beverly Hills, CA 90212
20. Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
22. English Language
23. Dispute Resolution
If a dispute should arise between you and Evie Blender, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by sending an email to email@example.com.
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND EVIE BLENDER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
24. Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Evie Blender agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have, in any manner, violated or threatened to violate Evie Blender’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), under such circumstances, Evie Blender may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Evie Blender must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, 555 West Fifth Street, 32nd Floor, Los Angeles, CA 90013.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. In addition, for claims of less than $1,000, you will be obligated to pay a $25 fee, provided that Evie Blender will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in Los Angeles County, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Evie Blender, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Evie Blender.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Evie Blender in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EVIE BLENDER WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
25. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California.
If you have any questions regarding these Terms and Conditions, please email us at firstname.lastname@example.org