TERMS AND CONDITIONS
The terms and conditions stated herein constitute a legal agreement between you – the customer – and FOREVER BEAUMORE COSMETICS INC. (“FOREVER BEAUMORE”). By entering into this Agreement you hereby expressly acknowledge and agree to be bound by the terms and conditions of the agreement, and any future amendments and additions to this agreement.
By using our Website (“Site”), you expressly represent and warrant that you are legally entitled to enter this agreement. If you are a minor in the jurisdiction in which you reside, you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Site, and your parent or legal guardian must read and agree to the terms of this agreement prior to using the Site.
You will only use the Website for lawful purposes. The following activities with respect to FOREVER BEAUMORE, including the Site, are prohibited:
SECURING USER ACCOUNT INFORMATION
You are solely responsible for the security and confidentially of your account including your username and password as well as other identification we provide you that allows access to our site and service
ORDERING AND PAYMENT
You may pay for your items purchased through the site using any of the major Credit Card companies including Mastercard, Visa, American Express, as well as PayPal.
Unless otherwise noted, all items on the site, including text, images, illustrations, designs, icons, photographs, and other materials, and the copyrights, trademarks, and other intellectual property, are owned, controlled, or licensed by FOREVER BEAUMORE.
We reserve the right to close and/or disable an Account if you are determined to be using proxy IPs (Internet Protocol Addresses) in order to attempt to hide the use of multiple accounts, or your use disrupts the services we provide in any manner.
We reserve the right to refuse an order for instances where an item you have ordered is unavailable or out of stock, if we are unable to obtain proper authorization of payment from you, or if there is an error in the product information including price or promotion. We reserve the right to refuse orders where information about items have been mis-published, including without limitation prices and promotions. We make all reasonable efforts to ensure that prices of items correct at the time of purchase. You will be informed by e-mail if any of the aforementioned issues occur. If you have already paid for the items, you will receive a refund for the full amount including any delivery costs charged.
INTELLECTUAL PROPERTY RIGHTS
FOREVER BEAUMORE alone (and its licensors, where applicable) shall own the rights to all content included in and as a part of the Site including, but not limited to, all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, logos, and all related intellectual property. The agreement between you and FOREVER BEAUMORE is not a sale and does not convey to you any rights of ownership in or related to the Site, or any of the intellectual property rights owned by FOREVER BEAUMORE. Instead, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and Service. The FOREVER BEAUMORE name, the FOREVER BEAUMORE logo, and the names associated with the Site are trademarks, and no right or license is granted to use them.
MANAGEMENT OF WEBSITE
FOREVER BEAUMORE may, from time to time, close down the Website for routine repair or maintenance work. Notwithstanding any unforeseen circumstances, FOREVER BEAUMORE will give as much notice as is reasonable, and shall, as reasonably feasible, work to continue the service by other means during scheduled maintenance repairs.
You agree to defend, indemnify and hold harmless FOREVER BEAUMORE and its officers, directors, employees, agents and affiliates harmless from and against, any loss, damage, liability, claim, or demand, including attorneys’ fees and expenses, relating to or resulting from your usage of the Website or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. FOREVER BEAUMORE shall provide reasonably prompt notice of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
LIMITATION OF LIABILITY
As permitted by the law, FOREVER BEAUMORE including its directors, officers, employees, service providers, affiliates, and agents shall NOT be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages (including personal injury, loss of data, loss of revenue or profits arising from your use of the Site).
Due to the high cost of litigation, both you and FOREVER BEAUMORE agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Website, or the breach, enforcement, interpretation, or validity of this Agreement, the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 days in which to respond to or settle the dispute.
Notice shall be sent to:
2268 SENTER ROAD #198, SAN JOSE, CA 95112
Both you and FOREVER BEAUMORE agree that this dispute resolution procedure is a condition precedent, which must be exhausted prior to initiating any litigation or filing any claim against the other party.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this agreement, FOREVER BEAUMORE’s Site, shall be governed and construed by the law of the State of California, excluding such state’s conflicts of law rules.
Any legal action by or against FOREVER BEAUMORE arising out of or related to this agreement, or the Site, shall be brought in the applicable federal or state courts located in or with jurisdiction over Santa Clara County, California, and you hereby agree to such venue as the sole and exclusive venue for the resolution of disputes. You hereby consent to personal jurisdiction and venue in the above-reference courts.
You agree that your use of FOREVER BEAUMORE’S Website is entirely at your own risk.
FOREVER BEAUMORE, to the fullest extent permitted by law, disclaims all warranties, either express or implied, including without limitation the warranty of merchantability, non-infringement, and fitness for a particular purpose. FOREVER BEAUMORE makes no warranties or representations about the accuracy or completeness of the content provided through the Site. FOREVER BEAUMORE assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to the Site; (c) any unauthorized access to or use of FOREVER BEAUMORE’s secure service and/or any personal information.
FOREVER BEAUMORE does not warrant that the Site or its server will operate free of any bugs, viruses, Trojan horses, or the like which may be transmitted through the Website. Should your use of the Site result in equipment malfunction or data loss, FOREVER BEAUMORE shall not be responsible for those repair costs. FOREVER BEAUMORE, to the fullest extent permitted by law, disclaims all warranties, either express or implied, including without limitation the warranty of merchantability, non-infringement, and fitness for a particular purpose.
TERMINATION OF AGREEMENT
These terms shall remain in full force and effect while you use the Website. You may terminate this Agreement at any time by ceasing all use of the Website. FOREVER BEAUMORE reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Site, to any person for any reason, including without limitation or breach of any representation or warranty contained in these terms, or for any applicable law or regulation, and FOREVER BEAUMORE may terminate your use of the Site, delete your profile including user information. However, all provisions which by their nature should survive to give effect to those provisions shall survive the termination of this agreement.
Any notice to you shall be given to the email address you provide during the registration process with the Site, or other address you may specify.
Notice or other communication required to be given to FOREVER BEAUMORE under this Agreement shall be given by email post or facsimile addressed to the other party at its designated address contained in this Agreement or such other addresses as shall have been notified to the other for the purposes of this Agreement.
Disclaimer: Content on Forever Beaumore Cosmetics Inc website, talk shows, and catalogs is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Foreverbeaumore.com or Forever Beaumore Cosmetics Inc. assumes no liability for inaccuracies or misstatements about products.The information presented on this website is not intended as specific medical advice and is not a substitute for professional treatment or diagnosis.