Terms and Conditions of Sale
Make Up Your Life, LLC, a Delaware limited liability company (“us”, “we” or “our”), thanks you for visiting the Victoria Jackson Cosmetics website (http://www.vmakeup.com) (the “Website”). Please carefully read these Terms and Conditions of Sale (the “Terms of Sale”) and the Terms and Conditions of Use (the “Terms of Use”) and our Privacy Policy (the “Privacy Policy”), before purchasing anything through the Website.
1. Scope of Terms of Sale.
These Terms of Sale are a legally binding agreement between you (“you” or “your”) and us and governs your purchase of anything through the Website. You agree to comply with these Terms of Sale, the Terms of Use and all additional terms and conditions governing access to and use of specific areas of the Website set forth elsewhere on the Website (collectively, the “Additional Terms”). The Terms of Use, Additional Terms, and Privacy Policy are incorporated herein and made a part of these Terms of Sale.
2. Binding Agreement.
BY PURCHASING ANY PRODUCTS ON THE WEBSITE, YOU UNDERSTAND AND AGREE THAT YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO ALL OF THE PROVISIONS OF THESE TERMS OF SALES AND ALL OTHER AGREEMENTS, POLICIES AND TERMS AND CONDITIONS INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT UNDERSTAND OR AGREE TO ANYTHING IN THE IMMEDIATELY PRECEDING SENTENCE OR ANY OTHER PROVISION OF THESE TERMS OF SALE, YOU SHOULD NOT PURCHASE ANY PRODUCTS ON THE WEBSITE.
3. Pricing, Information, and Ordering.
(a) Products and the prices and terms of payment are offered by us in our sole discretion and are subject to modification by us from time to time by posting new, modified, or additional offerings, structures, prices or terms on the Website. Please note that we are no longer affiliated with American Telecast, which was the previous licensee of certain of the products. As such, we are unable to honor any club or wholesale pricing on products which may have previously been made available by American Telecast or our other licensees.
(b) We will use our commercially reasonable efforts to fill your orders but do not guarantee the accuracy or completeness of any information on or associated with the Website including prices advertised at locations other than the Website, product images, specifications, availability, and services displayed on, offered for sale, or sold through the Website. We and our vendors and suppliers each reserve the right to discontinue the sale of products at any time without prior notice to you.
(c) Prices and information on the Website may vary from advertised prices and information located elsewhere. All prices for products are payable in United States Dollars, are valid and effective only within the United States, and do not include sales taxes which, if applicable, will be added to your total invoice price. You are solely responsible for the payment of state and local sales or use taxes that may apply to your order.
(d) All sales including Beauty Steals and Deals are considered final sales. No returns, refunds or cancellations are permitted after purchase.
4. Payments; Subscription Cancellation.
Payments must be made by credit or debit card. We currently accept Visa, MasterCard, and American Express, but payment methods may change at any time in our sole discretion.
5. WARRANTIES; DISCLAIMERS; LIMITATION OF LIABILITY.
(a) WARRANTY DISCLAIMER. ALL PRODUCTS ARE SOLD “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, OR SYSTEM INTEGRATION. WE DO NOT GUARANTEE THAT ACCESS TO THE WEBSITE OR TO THE PRODUCTS WILL BE UNINTERRUPTED AND ERROR FREE, AND WE MAY SUSPEND OR CANCEL SERVICE AT ANY TIME WITHOUT NOTICE. YOU ACKNOWLEDGE BY YOUR USE OF THE PRODUCTS THAT YOUR USE THEREOF AND ANY RELIANCE UPON THEM IS AT YOUR OWN RISK.
(b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF US, OUR PARENTS, SUBSIDIARIES, OR AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES, OR AGENTS (EACH, A "RELATED PARTY") SHALL BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA, OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR IF WE HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
(c) MAXIMUM LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO US FOR PRODUCTS DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
(d) INDEMNIFICATION. YOU AGREE TO DEFEND AND INDEMNIFY US AND THE RELATED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY PRODUCT.
6. Usage.
Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted materials. Criminal copyright infringement is investigated by the FBI and may constitute a felony with a minimum penalty of up to five years in prison and/or $250,000 fine. ALL PRODUCTS AND THE WEBSITE AND ALL CONTENTS THEREOF ARE OUR EXCLUSIVE PROPERTY (UNLESS OTHERWISE NOTED IN WRITING THEREON), THE COPYRIGHT AND ALL OTHER RIGHTS TO WHICH ARE OWNED BY US.
7. Governing Law and Jurisdiction.
These Terms of Sale (including
the Terms of Use, any Additional Terms, and the Privacy Policy) are governed by
the laws of the State of California, United States, without regard to its
choice of law principles. Subject
to Paragraph 8 below, you consent to the jurisdiction and venue of the state
courts in Los Angeles County, California, and the federal courts in the Central
District of California for all disputes arising out of or relating to access to
or the use of the Website; provided, however, that we may enforce its rights
and remedies under these Terms of Sale in any appropriate jurisdiction.
8. Arbitration.
(a) YOU AGREE
THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND
CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE, THE
WEBSITE AND/OR ANY PRODUCTS SHALL BE FINAL AND BINDING ARBITRATION, except
that: (i) to the extent that you have infringed upon or violated or threatened
to infringe upon or violate our rights or breached these Terms of Sale, you
acknowledge that arbitration will not be an adequate remedy at law and that
injunctive or other appropriate relief may be sought by us in Court in its sole
discretion; and (ii) no dispute or claim relating to any transaction you enter
into with a third party may be arbitrated.
(b) The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”). Judgment on the award may be entered in any court having jurisdiction. The location of the arbitration shall be in Los Angeles, California, and the allocation of costs and fees for such arbitration shall be determined in accordance with such JAMS Rules and shall be subject to the limitations provided for in the JAMS Rules. If such costs are determined to be excessive in a consumer dispute, we will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
(c) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU AGAINST OR INVOLVING US BE INSTITUTED MORE THAN ONE (1) YEAR AFTER YOUR CLAIM FIRST ACCRUED OR YOU FIRST BECAME AWARE OR REASONABLY SHOULD HAVE BECOME AWARE OF ANY SUCH CLAIM.
9. Complete Agreement.
These Terms of Sale (together with the Terms of Use, any Additional Terms, and the Privacy Policy) constitute the entire agreement between you and us with respect to the subject matter contained herein.
