Consumer Terms & Conditions for Product Purchases
Welcome to MiLady Lash By purchasing and/or using MiLady Lash Products and Services, you agree to this Merchandise & Training Academy Agreement Terms and Conditions. If you have any questions at all please either call or email us immediately using the information provided on our Contact Us page. Please read the below information carefully;
I. Use of this Site/Copyrights and Trademarks
The terms, conditions, and notices contained herein are provided to you (“the Buyer/Consumer”) in conjunction with the use of the web site, products, and services of MiLady Lash. These terms and conditions are applicable to you upon you accessing the website and/or completing the registration or shopping process. MiLady Lash makes no representations or warranties about the completeness or accuracy of this website. The MiLady Lash website(s) is for Buyer’s personal and noncommercial use. Buyer may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the MiLady Lash products or website(s). The entire content included in this Site, including but not limited to: text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is property of MiLady Lash. All trademarks, service marks, and trade names are exclusive property of MiLady Lash. All rights are reserved.
II. Indemnification and Limits of Liability;
THIS PRODUCT IS FOR PROFESSIONAL USE ONLY BY LICENSED AND TRAINED PROFESSIONALS; The Merchandise is not intended, nor should it be used at any time, for self-application; MiLady Lash reserves the right to refuse sales and service to anyone for any reason at any time; BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS MiLady Lash AND ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, MANAGERS, SHAREHOLDERS, AGENTS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, CONSULTANTS, SUBCONTRACTORS, SUPPLIERS AND LICENSORS; AGAINST ANY AND ALL CLAIMS, REQUESTS, ACCUSATIONS, ALLEGATIONS, ASSERTIONS, COMPLAINTS, PETITIONS, DEMANDS, SUITS, ACTIONS, PROCEEDINGS, GOVERNMENTAL INQUIRIES, INVESTIGATIONS, DAMAGES, LIABILITIES, ATTACHMENTS, JUDGMENTS, LOSSES, PENALTIES, FINES, SETTLEMENTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEYS’ FEES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, OF ANY NATURE ARISING OUT OF OR RELATED TO THE USE OR MISUSE OF PRODUCTS OR SERVICES SOLD OR SUPPLIED BY MiLady Lash, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY OF MiLady Lash. THIS INDEMNITY IS INTENDED TO APPLY TO ANY THEORY OF RECOVERY INCLUDING, BUT NOT LIMITED TO, CLAIMS OF ACTUAL OR ALLEGED NEGLIGENCE BY MiLady Lash (WHETHER ACTIVE OR PASSIVE, SOLE OR CONCURRENT, SIMPLE OR CROSS, STRICT OR STATUTORY), PROVIDED THAT MiLady Lash’S LIABILITY WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. State licensing requirements for the application of lash extensions vary from state to state, so it is incumbent upon you to research the requirements for your state and comply with any laws and requirements concerning the application of any lash extension products. It is the policy of MiLady Lash to sell the Merchandise only to licensed professionals in the beauty and medical industry. Whereas certain states do not require a license to practice certain beauty or body treatment disciplines (such as permanent make-up artistry), MiLady Lash requires that such individuals provide proof of formal certificate training or acceptable credentials within the beauty or medical fields as a pre-requisite to any purchases from the MiLady Lash website. As an express condition of this sale, you hereby agree to submit a copy of your professional license and/or certificate via email to email@example.com, at the time of your initial request for the Merchandise.
III. Media Usage;
You consent to the recording of your likeness and statements and grant to MiLady Lash or its assignees, licensees and successors the right to copy, reproduce and use all or a portion of it to MiLady Lash Media outlets. This grant includes the right to use your physical likeness in any form, including, without limitation, a photograph, picture, artistic rendering, silhouette or other reproduction in any and all MiLady Lash social media or online marketing. The rights granted herein includes the right to use your likeness and statements in MiLady Lash media in any marketing material, publication, recording or other medium, and includes the right to edit, delete, and/or use any part of your likeness or statement in which you appear, and/or change the sequence of event. You permit the use of all or a portion of MiLady Lash Media otherwise collected by MiLady Lash in all forms and media including advertising and related promotion throughout the world and in perpetuity. You grant the right to use your image and name in connection with all uses of MiLady Lash media and waive the right to inspect or approve the use of MiLady Lash media as incorporated by MiLady Lash.
IV. Risk Acknowledgement;
You recognize that the System of applying eyelash extensions can never be 100% safe and that accidental injury to the eye or the premature falling of an individual’s natural eyelashes may occur and that appropriate precautions must be taken to safeguard the well-being of your future clients. You agree to use these products in a safe manner and to take all measures of precaution. Also as a condition of your use of the Merchandise, you acknowledge and accept the inherent risks associated with applying eyelash extensions and agree to comply with all state and local laws covering the application process. Additionally, as a condition of your acceptance of the Merchandise, you agree that you will not perform eyelash extensions on any person (including removing any eyelash extensions already worn by any individual) without first having such person sign and date a MiLady Lash Client In-Take/Consent Form whereby the client is made aware of the risks of the procedure, consents to the procedure and the use of before and after photographs of his/her eyes.
V. Agreement between Consumers (Buyers) and MiLady Lash;
You (“the Buyer”) acknowledge that your use of this website and/or election to purchase products or services from MiLady Lash, constitutes your agreement to all of the terms, conditions, and notices contained herein. MiLady Lash reserves the right to change the terms, conditions, and notices contained herein with or without notice
VI. General Provisions;
Notwithstanding any other provision of this Agreement to the contrary, in the event MiLady Lash is prevented from performing its obligations hereunder as a result of any contingency which is beyond its control (such as any act of God, war, riot, national emergency, terrorist act, general embargo, fire, casualty, equipment failure, flood, earthquake or other similar occurrence) (any such event, a "Force Majeure Event"), MiLady Lash shall be excused from its inability to perform its obligations hereunder, but only to the extent and for the duration of the Force Majeure Event in question. MiLady Lash will provide reasonably prompt notice of the occurrence of such Force Majeure Event.
Governing Law; Construction
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of laws thereof. The construction and interpretation of this Agreement shall not be strictly construed against the drafter. Any dispute arising under this Agreement shall be settled by arbitration in the State of Texas in accordance with such procedures as may be acceptable to the parties.
Entire Agreement; Amendment; Waiver; Invalidity
This Agreement, together with any schedules and exhibits attached hereto and made a part hereof, constitutes the entire agreement between the parties as to the subject matter hereof and shall supersede all prior understandings, letters, agreements, contracts and other documents. This Agreement may not be amended except by an instrument in writing signed on behalf of all of the parties hereto. No failure or delay by either party to exercise, and no course of dealing with respect to, any right of any such party regarding an obligation of the other party to this Agreement, shall operate as a waiver thereof, unless agreed to in writing by both parties. Any single or partial waiver by either party of any obligation of the other party under this Agreement shall constitute a waiver of such obligation only as specified in such waiver and shall not constitute a waiver of any other obligation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, all of which shall remain in full force and effect.