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Terms of Use

 

Terms of Use

Last Updated: January 1, 2012

GENERAL INFORMATION REGARDING THE “TERMS”

Welcome to Abellasbeauty.com. This website is owned and operated by Abella’s Beauty, Inc. its affiliates, agents and licensors (collectively, "we," "us," "our" or "Abellas Beauty"). You understand that your use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the "Terms"). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the "Terms of Use" link that appears at the bottom of the Website. We may also offer other services from time to time that are governed by different and/or additional terms and conditions. For instance, when you become a member of Abellasbeauty.com, your customer relationship is also governed by the Account Agreement with Abella’s Beauty, Inc., amended from time to time, and always accessible on the Website.

Please read these terms carefully because they apply to your use of all of the websites that Abella’s Beauty, Inc. operates other than our website (http://www.abellasbeauty.com) (collectively, the websites to which these terms apply, the “Websites”), including the products and services provided through the Websites (collectively, the “Services”). Websites include, but are not limited to, the websites operated at http://www.abellasbeauty.com (collectively, together with all sub-domains thereof) Abella’s Beauty, Inc. (“AB” or “Abella’s Beauty”) is a Florida Corporation with a business office at 8090 NW 71st Street Miami, Florida 33166, United States.

Unless otherwise agreed in writing with Abella’s Beauty, Inc., your use of any Website or Service will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the “Terms.”

In addition, your use of any Website or Service may also be subject to the terms of any legal notice applicable to the Website or Service, in addition to the Terms. All such terms supplementing these Terms are referred to below as the “Additional Terms.” Where Additional Terms apply to a Website or Service, these will be accessible for you to read either within, or through your use of, that Website or Service.

The Terms, together with any Additional Terms, form a binding legal agreement between you and Abella’s Beauty, Inc. in relation to your use of the Websites and the Services. Collectively, this legal agreement is referred to below as the “Terms.” If there is any contradiction between the Additional Terms and the Terms, then the Additional Terms shall take precedence in relation to the Website or Service to which the Additional Terms apply.

PRIVACY

Our Privacy Policy also governs your visit to Abellasbeauty.com. We are committed to handling responsibly the information we collect through our Website and Services and agrees to use your personal information in accordance with the Privacy Policy and the Terms.

YOUR AGREEMENT TO THE TERMS

Your access or use of any website or service in any way signifies that you have read, understand and agree to be bound by the terms. By accessing or using any website or service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.

CHANGES TO THE TERMS

From time to time, Abella's Beauty may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Terms or Additional Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. (i) No modification to the Terms will apply to any dispute between you and Abella's Beauty that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Websites and Services. Your continued use of any Website or Service after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.

WEBSITE MODIFICATIONS

Abella's Beauty reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Website with or without prior notice. You agree that Abella's Beauty will not be liable to you or to any third party for any such modification, suspension or discontinuance.

GRANT OF LICENSE

Abella’s Beauty, Inc. and abellasbeauty.com grants you a single, non-exclusive, limited personal license to access and use the Website conditioned on your continued compliance with the terms and conditions in these Terms. You may not transfer or share your right to access or use of the Website.

Abella's Beauty makes the Websites and Services available to you on the Terms. You may only use the Websites and Services in accordance with these Terms and any applicable Additional Terms. In particular but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Terms, any applicable Additional Terms, or any other conditions or notices that are made available on any Website or Service.

USER CONDUCT / ACCESSING THE WEBSITE

With the exclusion of applications usually known as Web Browser software, or other applications formally approved by Abella’s Beauty, Inc. / abellasbeauty.com in writing, you agree not to use any software, program, application or any other device to access or log on to Abella’s Beauty, Inc.'s computer systems, Websites or proprietary software or to mechanize the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from Abella’s Beauty, Inc.'s computer systems, Websites or proprietary software. Abella’s Beauty, Inc. and its website are not responsible for, and make no warranties regarding the access, speed or availability of the Internet in general or the Websites in particular.

Users agree not to use the Websites or Services to:
1. Monitor or copy our web pages or the content contained herein using any robot, spider, other automatic device or manual process without our prior written permission;
2. Obstruct or try to interfere with the proper working of the Websites or any operation being conducted on either using any mechanism, software, practice or manual process;
3. Post , use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, or Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
4. Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials such as, but not limited to “junk mail,” “spam,” “chain letters,”. All these form of unsolicited or unwelcome materials disobey the “Terms”;

5. Destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites, Services, Servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services posting, using or transmitting Content that contains software viruses or any other computer code, files or programs designed to interrupt;

6.  Transmit or post Content that is abusive, defamatory, discriminatory, false, harmful, hateful, invasive, misleading, obscene, offensive or incites an illegal act. Any of these mentioned acts are in breach of your responsibility to any person. Likewise, incurring in any of these acts might be contrary to any applicable laws and regulations.

7. Intimidate or harass any person, including Abellas' Beauty owner(s), officers, directors, members, shareholders, agents and licensors, employees, or its affiliates (collectively, "we," "us," "our" or "Abellas Beauty" "Abellasbeauty.com).

8. Use or attempt to use another's account, service, or personal information;

9. Use reverse engineer or assemble or attempt to see any source code.

10. Interfere with any security-related features that inflict limitations of the use of the Websites or Services;

11. Pretend to be another person or entity, or misleadingly state or otherwise lie about your affiliation with a person or entity; or post or transmit any personally identifiable information about persons under 13 years of age.

12. To alter, copy, create plagiaristic works,  modify, or reproduce any content from the Websites without our prior written permission, or that of the appropriate third party.

 

A lot of the information on the Websites is updated on a daily basis and is proprietary or may be licensed to us by others (hosting company, website designers, authorized drop shippers, authorized wholesalers, company owners, and business affiliates).

 

DISCLAIMERS OF WARRANTIES AND LIMITATIONS


THIS WEBSITE IS PROVIDED BY ABELLA'S BEAUTY, INC. (COLLECTIVELY, "WE," "US," "OUR" or "ABELLA'S BEAUTY") ON AN "AS IS" AND "AS AVAILABLE" BASIS. ABELLA'S BEAUTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THESE WEBSITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,  ABELLA'S BEAUTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ABELLA'S BEAUTY DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM THIS WEBSITE OR ABELLA'S BEAUTY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ABELLA'S BEAUTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

LIMITATION OF LIABILITY

 

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL ABELLA'S BEAUTY, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF ABELLA'S BEAUTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ABELLA'S BEAUTY SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITE OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITE OR SERVICES, FOR YOUR USE OF THE WEBSITE AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITE OR SERVICES.

 

INDEMNIFICATION

 

You agree to indemnify and hold harmless Abella's Beauty and its affiliates, agents, directors, employees, licensors, members, officers, and shareholders from any claim or demand, including attorney's fees, made by any third party arising out of your violation of these Terms.

 

TRADEMARKS

 

The Website and Services may contain trademarks, service marks, logos and other names that are the property of "Abella's Beauty", "Abella's Beauty, Inc.", and "www.abellasbeauty.com". Abella's Beauty Graphics, logos, page headers, button icons, scripts and service names indicated in our website are trademarks of Abella's Beauty in the United States and other countries. Abella's Beauty's trademarks may not be used in connection with any other product or service that is not Abella's Beauty's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Abella's Beauty or the Website.

All other trademarks not owned by Abella's Beauty that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Abella's Beauty.

 

COPYRIGHTS

 

The Website, their content and compilation of content, and all software used on the Website is owned by Abella's beauty or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All content, logos, designs and icons are proprietary to Abella's Beauty or its affiliates or agents. The materials provided in this service, including graphic images, buttons and text, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Abella's Beauty's, its affiliates' or its third party information providers' copyrights and other proprietary rights.

 

ABELLA'S BEAUTY COPYRIGHT AGENT

 

Abella's Beauty respects the intellectual property rights of others, and we forbid agents, employees, officers, and users of our Website and Services from posting, submitting, transmitting or uploading any materials that violate another person's intellectual property rights.

 

The designated Copyright Agent is:

Sissi Cruz
Abella's Beauty, Inc.

Legal Department
8090 NW 71st

Miami, Fl 33166