Updated December 1, 2020 (“Effective Date”)
UTILES BEAUTY, LLC
- ASSENT & ACCEPTANCE
- 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.
- LICENSE TO USE WEBSITE
- 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.
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:email@example.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.
- 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.
- CONTENT GUIDELINES
- 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.
- MONITORING AND ENFORCEMENT; TERMINATION
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.
- NOT INTENDED FOR CHILDREN
- PROHIBITED USES
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 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.
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.
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.
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
- 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:firstname.lastname@example.org
- 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.
- 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
- 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.
- INTELLECTUAL PROPERTY RIGHTS
- 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.
- 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.
- 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.
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.
- GOVERNING LAW AND JURISDICTION
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.
- 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.
- 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.
- 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:email@example.com.
- QUESTIONS? COMMENTS? CONCERNS?
Please contact us at 2880 E. Colorado Blvd., Pasadena, CA 91107 firstname.lastname@example.org report violations of these Terms of Service or should you have questions, concerns or comments regarding this Terms of Service or the Services.
Utiles Beauty, LLC
2880 E. Colorado Blvd.
Pasadena, CA 91107
Last Modified: December 1 2020
Copyright © 2020,www.utilesbeauty.com