Last Updated: March 14, 2020
This Policy describes how Owner collects, uses, and discloses information in the United States. The United States may not offer a level of privacy protection as great as that offered in other countries. In jurisdictions outside of the United States where Owner is subject to different or more restrictive local laws, Owner may adjust its practices in those jurisdictions to comply with local laws. Otherwise, Owner makes no representation that the practices described in this Policy are compliant with laws outside of the United States that apply to the collection, security, use, and disclosure of information. Information that is collected or stored in jurisdictions outside of the United States may, subject to applicable law, be disclosed or transferred to the United States or other locations. When information is transferred to the United States, it will be handled in accordance with the laws of the United States.
By using the Website, You agree to the privacy practices described in this Policy. This Policy applies solely to information collected by the Website.
I. INFORMATION COLLECTED. The Website collects two kinds of information (collectively, “Information”) about You: (a) personally identifiable information; and (b) non-personally identifiable information. Owner is the sole owner of the Information collected on the Website. Owner only has access to collect Information that You voluntarily provide Owner.
A. Personally Identifiable Information. Personally identifiable information is information that identifies You or another person. When You engage in certain activities on the Website, Owner may ask You to provide certain personal information about Yourself, including: (i) Your name, address, phone number, email address, and other basic contact information; (ii) Your preferences, content, access device information, and payment information, including credit card numbers and bank account numbers; (iii) reviews, photographs, videos, and other content; and (iv) communications and other messages, including correspondence between Owner and You. You may decline to provide personally identifiable information through the Website. However, depending on the activity, some of the information Owner asks You to provide is mandatory. If You decline to provide the mandatory information for a particular activity that requires it, Owner may not be able to provide that service to You.
B. Non-Personally Identifiable Information. Non-personally identifiable information is information that does not identify You or another person. Non-personally identifiable information includes: (i) session and usage data; (ii) log data; and (iii) aggregate information.
i. Session and Usage Data. Session and usage data is information about Your use of the Website, without limitation, connection and service-related data submitted to Owner through the use of the Website. Session and usage data includes information relating to the connection request, server communication, and data sharing, including: network measurements; quality of service; time and date of the use of the Website; and upon Your consent, Your location. Owner may also aggregate session and usage data as described in the aggregate information section below. Session and usage data does not include any personally identifiable information nor does it include content You may transmit or share through the use of the Website (such as name, address, and calendar appointments).
ii. Log Data. When You interact with Owner or use the Website, Owner’s systems may automatically collect Your unique user device number, the IP address, type of browser or operating system You use, and the dates and times of Your use.
iii. Aggregate Information. Aggregate information is data Owner collects about a group or category of services or users from which individual user identities have been removed. In other words, information on how You use the Website, may be collected and combined with information about how others use the Website, but no personally identifiable information will be included in the resulting aggregate information. Aggregate information helps Owner understand trends in Owner’s users’ needs so that Owner can better consider new features or otherwise tailor the Website.
II. HOW WE USE YOUR INFORMATION. Owner will NOT sell Your Information. Owner may use Your Information as follows:
A. Personally Identifiable Information. Owner may use Your personally identifiable information to: (i) provide products and services; (ii) resolve disputes, calculate and collect fees, and troubleshoot problems; (iii) verify Your identity and the information You provide; (iv) encourage a safe online experience and enforce Owner’s policies; (v) customize Your experience, analyze usage of the Website, improve and measure interest in Owner’s products and services, and inform You about the Website, services, products, and updates; (vi) provide You with information that may affect Your use of the Website, the products and services; (vii) advertise Owner’s services to You or suggest additional features; (viii) provide customer service, including receipts; and (ix) perform certain other business activities. During the course of Owner’s business, Owner may use Your personally identifiable information to deliver information to You that is targeted to Your interests. Upon receipt of the first communication of this type, You will have the opportunity to opt-out of future communications by clicking on unsubscribe link or by following unsubscribe instructions described within the communication or otherwise notifying Owner at firstname.lastname@example.org Owner may, however, send You messages through email, text message or other means of communications as part of Owner’s services regarding administrative matters, updates, disputes, and customer service issues regarding the products or services, and You will not be able to opt-out of receiving such messages. You can do the following at any time by contacting Owner via email: (a) verify what personally identifiable information Owner has about You, if any; (b) change, correct or delete any personally identifiable information Owner has about You; and (c) express any concern You have about Owner’s use of Your personally identifiable information. From time to time, Owner may implement solutions designed to more efficiently capture Your communications preferences. In any such event, Owner will strive to reflect any previously stated communicated preferences within such solutions. Owner may also use Your personally identifiable information as Owner believes necessary or appropriate, in any manner permitted under applicable law, including laws outside your country of residence to: comply with legal process; respond to requests from public and government authorities, including public and government authorities outside Your country of residence; enforce our terms and conditions; protect Owner’s operations; protect Owner’s rights, privacy, safety or property, and/or that of Owner’s affiliates, You or others; and allow Owner to pursue available remedies or limit the damages that Owner may sustain.
B. Non-Personally Identifiable Information. Owner may use Your non-personally identifiable information for any purpose, including, but not limited to, for Owner’s own internal purpose to measure traffic patterns; to understand demographics, customer interest, and other trends among Owner’s users; to provide, improve, and modify the Website; and for promotion and marketing purposes.
III. HOW OWNER MAY DISCLOSE YOUR INFORMATION.
A. Personally Identifiable Information. Owner may disclose, and You hereby consent to Owner’s disclosing of Your personally identifiable information to: (i) service providers and others who help with Owner’s business operations and assist in the delivery of Owner’s products and services including, but not limited to, application development, Website hosting, maintenance, data analysis, infrastructure provision, IT services, customer service, email delivery services, payment processing, marketing, analytics, and enforcement of Owner’s Terms of Service Agreement and other agreements; (ii) third parties in the event of a reorganization, merger, sale, debt financing of assets, joint venture, assignment, transfer or other disposition of all or any portion of Owner’s business or assets (including in connection with any insolvency, bankruptcy, receivership or similar proceeding); (iii) an Owner subsidiary, affiliate or business partner; (iv) other users of the Website to identify You to anyone to whom You send messages or make comments through the Website; (v) persons or entities with whom You consent to have Your personally identifiable information shared; (vi) third parties in order to prevent damage to Owner’s property (tangible and intangible), for safety reasons or to collect amounts owed to Owner; (vii) merchants and payment processors; and (viii) third parties as Owner believes necessary or appropriate, in any manner permitted under applicable law, including laws outside Your country of residence to: comply with legal process; respond to requests from public and government authorities, including public and government authorities outside Your country of residence; enforce Owner’s Terms of Service Agreement and other agreements; protect Owner’s operations; protect Owner’s rights, privacy, safety or property, and/or that of Owner’s affiliates, You or others; and allow Owner to pursue available remedies or limit the damages that Owner may sustain. Owner will not sell, rent or lease Your personally identifiable information to a third party without Your express permission, unless required by law.
B. Non-Personally Identifiable Information. Owner may disclose non-personally identifiable information for any purpose. Remember, non-personally identifiable information cannot be used to identify You or another person.
IV. PUBLIC AREAS AND THIRD-PARTY POSTINGS. Owner may provide areas on the Website where users can publicly post information about themselves, including, but not limited to, names, photos, designs, comments, messages, and other content. This information may be accessible by other Website users, third-party users, members of the public, and may appear on other websites and in web searches. As a result, this information could be read, collected, and used by others. Owner does not control or endorse the information posted by third-party users, are not liable for Your or third-party posts to the Website, and specifically disclaim any liability resulting from such posts.
VI. DATA RETENTION. Owner will retain Your personally identifiable information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or allowed by law. Your personally identifiable information may or may not be encrypted while stored or archived by Owner.
VII. USERS UNDER 13 YEARS OF AGE. Owner’s Website is not directed to persons under the age of 13. If You become aware that Your child has provided Owner with personal information without Your consent, please contact Owner at email@example.com Owner does not knowingly collect personal information from children under the age of 13. If Owner becomes aware that a child under the age of 13 has provided Owner with personal information, Owner will take steps to remove such information. By using the Website, You are representing to Owner that You are not under the age of 13. If You are under 13 years of age, You are not authorized to use the Website.
VIII. PRIVACY RIGHTS NOTICE TO CALIFORNIA RESIDENTS. The State of California enacted the Shine the Light law (California Civil Code Section 1798.83) that permits users who are California residents to request certain information regarding the disclosure of certain “personal information” during the past year for marketing purposes. To make such a request, please email Owner at firstname.lastname@example.org
IX. DO NOT TRACK LAW.
A. Do Not Track Law. California’s Do Not Track Law (Cal. Bus. & Prof. Code §§ 22575-22579) requires Owner to disclose to You how Owner responds to web browser “do not track” signals or other mechanisms that provide You the ability to exercise choice regarding the collection of personally identifiable information about Your online activities over time and across third-party websites or online services. In addition, the law requires Owner to disclose whether other parties collect personally identifiable information about Your online activities over time and across different websites when You use the Website.
X. SECURITY. Owner employs commercially reasonable security measures to protect Your information; however, no system is impenetrable. If You create an account on the Website, You are responsible for protecting the security of Your account, its content, and all activities that occur under the account or in connection with the Website. Do not share Your private account information with others. You must immediately notify Owner of any unauthorized uses of Your account or any other breaches of security.
XI. DISCLAIMER. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): OWNER MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITE OR ANY OTHER WEBSITE LINKED TO THE WEBSITE. OWNER WILL NOT BE LIABLE FOR THE PRIVACY OF INFORMATION, E-MAIL ADDRESSES, REGISTRATION, AND INDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL INFORMATION OR TRADE SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE WEBSITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE WEBSITE.
XIII. CONTACT OWNER. If You have questions or comments about this Policy or Owner’s privacy practices, or to report any violations or abuse of the Website, please contact us at email@example.com.
ALOHA ARTISTRY, LLC
TERMS OF SERVICE AGREEMENT
Last Updated: March 14, 2020
This Terms of Service Agreement (“Agreement”) is entered into by and between Aloha Artistry, LLC d/b/a Lashes EDU, Lashes EDU By Aloha Artistry, Lashes EDU with Rachel LaRochelle™, and Happy Lashing Sisterhood® (“Aloha Artistry,” “we,” “us,” or “our”); and any user or visitor (“You” or “Your”) of the Website (defined below) (You and Aloha Artistry collectively “Parties” and each a “Party”).
Aloha Artistry operates the website located at www.alohaartistryedu.com and www.lashesedu.com on all platforms (“Website”), which provides an online training course for eyelash extensions training. You wish to use the Website to help with Your eyelash extensions training. Your access to and use of the Website is conditioned upon Your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users and others who access or use the Website.
A. Agreement. This Agreement constitutes a valid and binding agreement between Aloha Artistry and You, as a user or visitor of the Website. You hereby agree and acknowledge this Agreement covers all of Your use of the Website, whether it be from this immediate use or from any other time when You access and use the Website. By accessing or using the Website You agree to be bound by This Agreement. If You disagree with any part of this Agreement, then You may not access the Website.
B. Not Minor. You affirm that You are either 18 years of age or older, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
C. United States. The Website is controlled and offered by Aloha Artistry from its facilities in the United States of America. Aloha Artistry makes no representations that the Website is appropriate 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 their local law.
D. Agency. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. You and Aloha Artistry are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
2. LICENSE. Aloha Artistry hereby grants You a revocable, non-transferable, and non-exclusive license to access and use the Website subject to the terms and conditions set forth in this Agreement. Aloha Artistry will use commercially reasonable efforts to provide you with uninterrupted access to the Website during the Term of this Agreement.
4. FEES & REFUNDS.
A. Fees. In consideration of the license granted to You herein, You agree to pay Aloha Artistry the fees (“Fees”) in the amount and manner as previously agreed upon.
B. Refunds. The Fees are non-refundable.
C. Notice Regarding Electronic Payment Vendors. Users should be aware some payments may be processed through Stripe or other electronic payment vendors. Aloha Artistry may also provide applications and other services to merchants related to payment processing. Payments may not be processed for certain activities, such as for illegal or other prohibited activities. If you have a question as to whether a payment will be accepted, then we encourage you to check the policies of the applicable vendor. Your relationship with the electronic payment vendors is separate from your relationship with Aloha Artistry and is governed by the terms and conditions contained in such vendor’s agreement. Such terms and conditions are available at the respective vendor’s website. Aloha Artistry is not responsible for the actions or omissions of any third-party payment processor.
D. Collection of Fees. In such cases where fees are not paid, whether declined by Your bank or other reasons, and access to the website has been granted and/or physical products have been received, You have up to 31 days from original/attempted purchase date to pay the balance owed. If after 31 days fees are not paid, Your account becomes delinquent and will automatically be sent to a collections agency. In some cases, further action may be taken to attempt to collect the fees owed.
5. YOUR USE OF THE WEBSITE.
A. Content. The content on the Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, files, documents, images, photos, sounds, music, pictures, messages, interactive features, the design of and “look and feel,” and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Aloha Artistry, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, 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. Aloha Artistry reserves all rights not expressly granted in and to the Website and the Content.
B. User Submissions.
1. Defined. The Website may allow You to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (collectively, “User Submissions”).
2. Obligations & Restrictions. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Aloha Artistry is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 Aloha Artistry with respect thereto, and agree to indemnify and hold Aloha Artistry, 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. You are responsible for User Submissions that You post, upload, link or otherwise make available via the Website. You agree that Aloha Artistry is only acting as a passive conduit for your online distribution. Aloha Artistry, however, reserves the right to remove any User Submissions from the Website at its discretion. By transmitting and submitting any User Submissions, You agree as follows: (i) You are solely responsible for Your account and the activity that occurs while Your account is in use; (ii) You will not post information that is malicious, false or inaccurate; (iii) You will not submit User Submissions that are copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have permission from the rightful owner to specifically submit such User Submissions; and (iv) You hereby affirm that Aloha Artistry has the right to determine whether any of Your User Submissions are appropriate and comply with this Agreement.
3. Ownership. All User Submissions will be treated as non-confidential and non-proprietary and will become the sole property of Aloha Artistry without any compensation or credit to You whatsoever. Aloha Artistry and its affiliates shall have no obligations with respect to such User Submissions and may use the ideas contained in such User Submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
C. Restrictions. You will not, and will not permit any third-party to: (i) distribute or copy in any medium any part of the Website, including but not limited to Content and User Submissions, without Aloha Artistry prior written authorization; (ii) alter or modify any part of the Website, including but not limited to, Aloha Artistry technologies; (iii) access User Submissions or Content through any technology or means other than any as authorized by this Agreement or otherwise in writing by Aloha Artistry; (iv) use the Website for any commercial use without the prior written authorization of Aloha Artistry. Prohibited commercial uses include, but are not limited to, any of the following actions: (a) Sale of access to the Website, Content or services via another website or medium (such as a mobile application); (b) Use of the Website, Content or services for the purpose of gaining advertising or subscription revenue; (c) The sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions or the Content; and (d) Any use of the Website, Content, User Submissions or services that Aloha Artistry finds, in its sole discretion, has the effect of competing with or displacing the market for the Website, Content or User Submissions; (v) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Aloha Artistry servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Aloha Artistry grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Aloha Artistry reserves the right to revoke these exceptions either generally or in specific cases; (vi) collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes; (vii) solicit, for commercial purposes, any users of the Website with respect to their User Submissions; (viii) impersonate any person or organization related to this Agreement; (ix) harass any other user of the Website; (x) 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; and (xi) violate any laws.
D. Third-Party Sites. The Website may contain links to third-party websites that are not owned or controlled by Aloha Artistry. Aloha Artistry has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Aloha Artistry will not and cannot censor or edit the content of any third-party site. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE ALOHA ARTISTRY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE.
6. INTELLECTUAL PROPERTY.
A. Acknowledgements. You acknowledge that: (i) Aloha Artistry’s business is conducted throughout the world; (ii) the covenants contained herein are essential elements of this Agreement and that, but for such covenants, Aloha Artistry would not have entered into this Agreement with You; (iii) the Website will give You access to Aloha Artistry’s Confidential Information; (iv) Aloha Artistry has developed a long‑standing relationship with its clientele and that the breach of any of the restrictions and covenants set forth herein would cause substantial loss to the goodwill of Aloha Artistry and cause Aloha Artistry irreparable harm; (v) the restrictions imposed on You herein and the purposes for such restrictions are reasonable in time, scope and duration and are designed to protect the goodwill, Confidential Information, the continued success of Aloha Artistry, and Aloha Artistry’s relationships with its clients; and (vi) the restrictions imposed on You herein in no way are harmful to the public.
B. Confidential Information.
1. Defined. Aloha Artistry’s Confidential Information includes any proprietary, confidential, or secret knowledge, data, or matters, whether transmitted in writing, orally, visually, or otherwise, used in, associated with, or related to Aloha Artistry, the current or anticipated business of Aloha Artistry, the research, development, design, and marketing activities of Aloha Artistry, and those of any party granting rights to Aloha Artistry or that has been identified to You, either orally or in writing, together with analyses or documents that contain or otherwise reflect such matters, including know-how, technology, financial information, trade secrets, client lists, client names or identities, details of vendor, licensor, client or consultant contracts, pricing policies, operational methods, marketing plans or strategies, product development techniques or plans, business acquisition plans, new personnel acquisition plans, methods of manufacture, drawings, specifications, personnel data, processes, formulas, designs and design projects, computer programs, inventions and research projects of Aloha Artistry or any other entity that may hereafter become an affiliate thereof, unless otherwise in the public domain other than as a result of disclosure by You. (“Confidential Information”).
2. Acknowledgement of Confidential Information. You acknowledge that Aloha Artistry has a legitimate and continuing proprietary interest in the protection of its Confidential Information, and that Aloha Artistry has invested substantial sums, and Aloha Artistry will continue to invest substantial sums, to develop, maintain, and protect its Confidential Information. You hereby acknowledge that Aloha Artistry and its affiliates have developed and will continue to develop Confidential Information which has and will continue to have value to it, and that by reason of his/her relationship with Aloha Artistry, You may acquire such Confidential Information. All Confidential Information shall be the property of Aloha Artistry.
3. Covenant Not to Use or Disclose Confidential Information. You agree not to use or disclose to any third party, directly or indirectly, for any reason or in any way, other than at the express written direction of Aloha Artistry or as required by law, any Confidential Information.
1. Clients. During the Term hereof, and for two (2) years after the termination of this Agreement (“Restricted Period”), You shall not solicit or cause another to solicit for the others benefit, or for the benefit of any other person or entity, any client or potential client of Aloha Artistry without first obtaining the written consent of Aloha Artistry. The term “Client” shall refer to any individual, business or other entity who was doing business with Aloha Artistry prior to the date You entered into this Agreement, or who was introduced to Aloha Artistry by You after the date you entered into this Agreement; and the term “Potential Client” shall refer to any individual, business or other entity who or which was not, at the relevant time, an actual client of Aloha Artistry but who or which, at such time, had disclosed Confidential Information to Aloha Artistry regarding his, her, its programs or needs, or to whom or which a proposal for service had been made by Aloha Artistry.
2. Employees. During the Term hereof and Restricted Period, You shall not solicit or cause another to solicit for the other’s benefit, or for the benefit of any other person or entity, any employee or independent contractor of Aloha Artistry without first obtaining the written consent of Aloha Artistry.
D. Copyright Infringement.
1. Notice. 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): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) 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 the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) 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 (vi) 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. Aloha Artistry’s designated Copyright Agent to receive notifications of claimed infringement can be contacted at: firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 4(a), your DMCA notice may not be valid.
2. Counter-Notice. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, You may send a counter-notice containing the following information to the Copyright Agent: (i) Your physical or electronic signature; (ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) Your name, address, telephone number, and e-mail address, a statement that You consent to the jurisdiction of the federal court in San Juan, Puerto Rico and a statement that You will accept service of process from the person who provided notification of the alleged infringement.If a counter-notice is received by the Copyright Agent, Aloha Artistry may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Aloha Artistry’s sole discretion.
3. Repeat Infringers. Aloha Artistry will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others.
7. TERM & TERMINATION.
A. Term. The Term of this Agreement shall commence on the date you enter into this Agreement (“Effective Date”) and shall end upon termination as described below.
B. Termination. You may terminate Your use of the Website at any time. Aloha Artistry may terminate this Agreement, or suspend or terminate your access to the Website, at any time, for any reason. If Aloha Artistry suspects that you have violated any provision of this Agreement, Aloha Artistry may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement or if You terminate Your use of the Website. You remain solely liable for all obligations related to use of the Website, even after you have stopped using the Website.
8. WARRANTY DISCLAIMER.
YOU AGREE THAT YOUR USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES AVAILABLE THEREIN SHALL BE AT YOUR SOLE RISK. THE WEBSITE, CONTENT, USER SUBMISSIONS, AND ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND ALOHA ARTISTRY, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALOHA ARTISTRY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN, (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 THE 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 FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ALOHA ARTISTRY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ALOHA ARTISTRY 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ALOHA ARTISTRY, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, CONTENT, USER SUBMISSIONS OR THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
Founder of Aloha Artistry, Lashes EDU, Happy Lashing Sisterhood