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Terms of use

Updated December 1, 2020 (“Effective Date”)

UTILES BEAUTY, LLC

TERMS OF USE

  1. ACCEPTANCE OF TERMS OF USE

These terms and conditions (“Terms of Use” or “Agreement”) are entered into by and between you, the user of this website (“you”) and Utiles Beauty, LLC as operator of this website (“Company” or “Útiles”). The following Terms of Use govern your access and use of https://utilesbeauty.com/ (“Website”) including any content, functionality and services offered on the Website (“Services”).

  1. ASSENT & ACCEPTANCE

By using the Website and/or purchasing products from Útiles, you accept and agree to be bound to and abide by these Terms of Use and our Privacy Policy, found at https://utilesbeauty.com/privacy-policy/, which is incorporated herein by reference.If you do not agree to any of these Terms of Use or the Privacy Policy, you must not access or use the Website.

These Terms of Use apply to all users of the Website, including users who are also contributors of any content, photos, video, audio, information, and other materials or services on the Website. The Website may contain links to third party websites or content that are not owned or controlled by Útiles. Útiles has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, Útiles will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Útiles from any and all liability arising from your use of any third-party website or content thereon. Accordingly, we encourage you to be aware when you link to third-party content and websites and to read the terms of use and privacy policies of such other websites.

  1. MODIFICATION AND VARIATION

Útiles may, from time to time and at any time without notice to you, modify this Agreement. You agree that Útiles has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

  • To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
  • You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
  • In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
  1. LICENSE TO USE WEBSITE

Útiles may provide you with certain information as a result of your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by Útiles, and other materials, which may assist in your use of the Website or Services (“Company Materials”). Subject to this Terms of Use, the Company grants you a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services.

  1. ACCESSING THE WEBSITE

Útiles reserves the right to amend or withdraw this Website and any service or material provided on the Website, in its sole discretion without notice. Útiles will not be liable for any reason all or part of the Website is unavailable at any time. From time to time, Útiles may restrict access to certain portals of the Website, or the entire Website, to all users.

In order to access some features of the Website, you may be asked to provide certain registration details or other information in creating an account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You agree that all information you provide to register with the Website or otherwise, including but not limited to User Submissions as defined in Paragraph 6 “User Submissions” hereto, is governed by our Privacy Policy, and you consent to all actions Útiles takes with respect to your information consistent with the Privacy Policy.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You acknowledge that your account is personal to you, and you agree not to provide any other person with access to the Website or portions of it using your username, password or other security information. You must notify Útiles immediately of any breach of security or unauthorized use of your account. Email notification to the following email address will suffice:legal@utilesbeauty.com. You agree that Útiles will not be liable for losses caused by any unauthorized use of your account, and you may be liable for the losses of Útiles or others due to such unauthorized use.You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

Útiles reserves the right to disable any user name, password or other identifier, whether chosen by you or provided by Útiles at any time in its sole discretion if, in its opinion you have violated any provision of these Terms of Use.

  1. USER SUBMISSION

The Website may now or in the future permit the submission of content, audio, video, cartoons, or other information submitted by you and other users (“User Submission” or “User Submissions”) and the hosting, sharing, and/or commenting on such User Submission. User Submissions include any submissions that are made on the Website.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, or permissions to use and authorize Útiles, and its successors, licensees, and assigns (or any of the foregoing), to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Submissions to enable inclusion and use of your User Submission in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Submission in the manner contemplated by the Website and these Terms of Use. For clarity, as between Útiles and you, you retain all of your ownership rights in your User Submission. However, by submitting the User Submission to Útiles through the Website, you hereby grant Útiles a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submission in connection with the Website and Útiles’ (and its successors’, licensees’, and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submission through the Website, and to use, comment on, reproduce, distribute, prepare derivative works of, display and perform such User Submission as permitted through the functionality of the Website and under these Terms of Use.

  1. CONTENT GUIDELINES

These content guidelines applies to all User Submissions and use of any interactive component of the Website. User Submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Submissions must not: (a) contain material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, in Útiles’ sole discretion; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (e) promote any illegal activity, or advocate, promote or assist any unlawful act; (f) impersonate any person, or misrepresent your identity or affiliation with any person or organization; or (g) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

  1. RELIANCE ON WEBSITE INFORMATION

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. The information presented on or through the Website is made available solely for general information purposes. Útiles does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Útiles disclaims all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of Útiles’ contents.

Útiles is controlled and offered by Utiles Beauty, LLC from its facilities in the United States of America. Útiles makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You understand that when using the Website, you will be exposed to content from a variety of sources, and that Útiles is not responsible for the message, accuracy, usefulness, safety, or appropriateness of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Útiles with respect thereto, and agree to indemnify and hold Útiles its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. Útiles permits you to link to materials on the Website for personal, non-commercial purposes only.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Útiles, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Útiles. Útiles is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. MONITORING AND ENFORCEMENT; TERMINATION

Útiles reserves the right to: (a) remove or refuse to post any User Submission for any or no reason in its sole discretion, (b) take any action with respect to any User Submission that Útiles deems necessary or appropriate in its sole discretion, including if it believes that such User Submission violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Útiles; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (e) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, Útiles has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Útiles to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

  1. NOT INTENDED FOR CHILDREN

You affirm that you are either 18 years of age or above, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not directed toward nor intended for children under 13.If you are under 13 years of age, then please do not use the Website.

  1. PROHIBITED USES

You may use this Website only for lawful purposes and in accordance with the Terms of Use.

You agree that, while using the Website, you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials that: (a) are in breach of any part of these Terms of Use (b) restrict or inhibit any other user from using and enjoying the Website, (c) constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability, or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

You also warrant and agree that you will not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding (including through the use of any automated system, including without limitation “robots,” “siders,” “offline readers,” etc.); (d) attempt to gain unauthorized access to other computer systems through the Website; or (e) use the Website for any commercial solicitation purposes. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, as the Website is protected by copyright.

You will not facilitate or encourage any violations of this Terms of Use or our policies.Útiles reserves the right to remove posts by, and accounts of, users of the Website who do not comply with these Terms of Use.

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause or encourage others to violate the Terms of Use. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Útiles.

You further agree not to use the Website or Services:

  • To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
  • To violate any intellectual property rights of Útiles or any third party;
  • To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  • To perpetrate any fraud;
  • To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  • To publish or distribute any obscene or defamatory material;
  • To publish or distribute any material that incites violence, hate, or discrimination towards any group;
  • To unlawfully gather information about others;
  • To impersonate, or misrepresent your affiliation with any other person or entity;
  • Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information or other material);
  • Attempt to gain unauthorized access to other computer systems through the Website;
  • Use the Website for any commercial solicitation purposes;
  • Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
  • Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network; or
  • To use the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
  1. PRODUCTS

There may be limited supply of Útiles products at any given time. Due to the personal nature of Útiles’ products, each of Útiles’ products are subject it its own return policy, which is identified on each respective product page.

Best efforts will be made provide the most up to date, accurate details and images of our products. It cannot be guaranteed that your computer monitor’s variance in display settings including but not limited to: color, brightness, contrast, temperature, sharpness, will be accurately present our product as they appear. Útiles does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.

We reserve the following rights to the fullest extent permitted under law to:

  • Place limitations on the sale of our products or services to any person, geographic location, or jurisdiction. This right may be exercised as needed, on a case-by-case basis.
  • Place limitations on the number of units of each product sold. All descriptions of products and/or pricing are subject to change at any time, without notice, and at the sole discretion of Útiles.
  • Discontinue a product or promotion at any time, without notice, at the sole discretion of Útiles.
  • Modify and change the prices of our products without notice and at any time.

Discontinue any of our products or Services (or any part thereof) without notice and at any time.

  1. ORDERING

To place an order with Útiles you must be the age of majority (18 years of age) or older and have ownership over a valid credit or debit card.

Our Terms of Use apply to all orders placed or in the process of being placed. By placing an order through the Website, providing delivery instructions, and/or accepting the delivery of Útiles products, you are accepting our Terms of Use. Nothing in these Terms of Use affects your statutory rights under any laws.

Útiles is not obliged to deliver any of our products to you unless your order has been properly placed and accepted. An order is accepted by Útiles once you receive an express writing (email, letter, fax, or similar) acknowledging your order and a statement of our acceptance. An order number will be provided for your reference

  1. SHIPPING/DELIVERY/RETURN POLICY

You agree to ensure payment for any items you may purchase from Útiles, and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide Útiles with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that you provide to Útiles. If Útiles does so after payment has been processed, we will issue a refund to you in the amount of the purchase price. Útiles may also request additional information from you prior to confirming a sale, and Útiles reserves the right to place any additional restrictions on the sale of any of Útiles’ products. You agree to ensure payment for any items you may purchase from Útiles, and you acknowledge and affirm that prices are subject to change.

For the sale of physical products, Útiles may preauthorize your credit or debit card at the time you place the order, or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates that you are quoted due to unforeseen circumstances.

For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:hi@box5714.temp.domains

  1. SHIPPING AND PROCESSING TIME

Orders will be processed within 1-2 business days of the date the order was received. After that, delivery time within the United States (depending on zone) is 5-9 days. International shipping is 7-20 days. An estimated shipping and/or delivery date will be provided at the checkout page. Shipping times may vary and possible delays may cause packages to arrive outside of the estimated delivery timeframe.

Útiles is not responsible for deliveries that may be affected by circumstances outside of its control, including but not limited to customs, natural occurrences, acts of god, ground transportation strikes or delays, transfers to local carriers in your country nor any extra fees, customs or back end charges once the package has excited the United States.

Orders can be tracked by the carrier’s website using the tracking number provided in your order shipment confirmation email.

Shipping & Handling Costs are as follows:

Occasionally, Útiles may offer shipping promotions where customers who order over a certain amount will receive free shipping. These promotions may change periodically. The best way to stay up to date on shipping promotions is to sign up for the Útiles newsletter.

$7.00 domestic within the USA

International shipping will be calculated at check out.

  1. GENERAL PAYMENT INFORMATION

We accept all major credit cards including: Visa, MasterCard, American Express or any other method we have rendered as acceptable. Payment should be provided in full at the time of ordering. Útiles shall not be bound to supply the product unless payment has been received in full.

  • ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, accurate, and complete purchase, payment, and account information for all purchases from Útiles. You agree to provide Útiles with your most current email address, shipping address, credit card numbers and expiration dates

  • SENSITIVE PERSONAL INFORMATION

All submission of personal information will be protected by our Privacy Policy. Please review our Privacy Policy for more information.

  1. AFFILIATE MARKETING AND ADVERTISING

Útiles, through the Website and Services, may engage in affiliate marketing whereby the Útiles receives a commission on or percentage of the sale of goods or services on or through the Website. Útiles may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements, which may apply.

  1. INTELLECTUAL PROPERTY RIGHTS

The Website and its content, features and functionality, except all User Submissions (as defined in Paragraph 6, “User Submissions”), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein, are owned by or licensed to Útiles, subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Útiles reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. Any use of the Website not expressly permitted by these Terms of Use constitutes a breach of the Terms of Use and may violate copyright, trademark and other laws.

  1. DMCA TAKEDOWN NOTICES

Given the volume and nature of User Submissions, Útiles cannot review each submission to ensure compliance with United States and global copyright laws. It is the policy of Útiles to respond to notices of alleged copyright infringement in compliance with the DMCA. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Company to locate the material;
  • Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The United States Copyright Office provides basic information, online, at http://www.loc.gov/copyright/circs/circ1.html, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.

You acknowledge that if you fail to comply with all of the takedown notice requirements of this Section, your DMCA notice may not be valid. Upon proper service of a takedown notification as contemplated hereunder and in accordance with the DMCA. PLEASE NOTE THAT, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE PENALTIES MAY INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY ÚTILES, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED BY A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.

Útiles Beauty, LLC will terminate a User’s access to the Website if such user is determined to be a repeat violator of these Terms of Use. Útiles also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use. Útiles may remove such User Submission and/or terminate a user’s access for material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

  1. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ÚTILES BEAUTY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ÚTILES BEAUTY, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OFFENSES TAKEN OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS LINKED TO, POSTED, UPLOADED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WEBSITE. ÚTILES BEAUTY, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ÚTILES BEAUTY, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL ÚTILES BEAUTY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS UPLOADED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ÚTILES BEAUTY, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ÚTILES BEAUTY, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Útiles, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submission caused damage to a third party.. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

You agree that the Útiles shall be able to select its own legal counsel and may participate in its own defense, if the Útiles wishes.

  1. GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed and construed in accordance with the internal laws of the State of California, without effect to any choice or conflict of law provision or rule. You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Útiles, either specific or general, in jurisdictions other than California. Any claim or dispute between you and Útiles that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California.

YOU AND ÚTILES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  1. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

These Terms of Use, together with the Privacy Policy at and any other legal notices published by Útiles on the Website, shall constitute the entire agreement between you and Útiles Beauty, LLC concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  1. TERM, TERMINATION, AND SUSPENSION

Útiles may terminate this Agreement with you at any time for any reason, with or without cause. Útiles specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of Útiles or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

  1. GENERAL PROVISIONS
  • LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
  • ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Los Angeles County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: California. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by Útiles will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
  • ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Útiles the rights and liabilities of Útiles will bind and inure to any assignees, administrators, successors, and executors.
  • SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
  • NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
  • HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
  • NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties
  • FORCE MAJEURE: Útiles is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
  • ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address:hi@utilesbeauty.com.
  1. QUESTIONS? COMMENTS? CONCERNS?

Please contact us at 2880 E. Colorado Blvd., Pasadena, CA 91107 orhi@utilesbeauty.comto report violations of these Terms of Service or should you have questions, concerns or comments regarding this Terms of Service or the Services.

CONTACT US:

Utiles Beauty, LLC

2880 E. Colorado Blvd.

Pasadena, CA 91107

hi@utilesbeauty.com

Last Modified: December 1 2020

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