Use of Site
You may access and use the Site solely for your personal use in accordance with and subject to these Terms and Conditions. You agree to act in good-faith, not to damage the operation of the Site and not to access or use the Site in any manner that is prohibited or unlawful. We may in our sole discretion terminate your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason).
When describing and displaying our products on the Site we make an effort to be accurate. However, to the extent permitted by law, we do not warrant the product description, information, packaging, shades or colors, or other content on the Site are current, complete, accurate or error-free. We are not responsible for typographical or other errors, inaccuracies or omissions. Product descriptions, prices, availability and promotions are subject to change without notice, and we reserve the right to change or update such information at any time.
Please click on the Purchase Policies to review policies and procedures such as ordering, shipping and handling and taxes. For information about returns, please click on our Return Policy.
You may register for our Site if you are over thirteen (13) years old. If you register or provide information to us, you agree to provide only true, accurate, current and complete information. You understand and agree that it is your responsibility to keep your username and/or password confidential. You agree to that you are responsible for all activities under your account, username and/or password. If you allow another party to use your account you will be responsible for all use of the Site by said party. We reserve the right to terminate your account without prior notice at our sole discretion.
We are not responsible for any third-party websites linked to or from the Site. Such links do not imply that we endorse the material on such websites or that we are affiliated with them. When you link to or from any third party website you are doing so at your own risk. Any communication or transaction between you and the third party website are solely between you and that party. Please make sure that you review the third party website’s terms and conditions and privacy policies before you enter into any transaction with them. We disclaim all liability for your access and/or usage of third party websites.
Contests, Giveaways, Surveys etc.
All information and content on the Site, as well as the selection and arrangement of the content, including but not limited to trademarks, logos, service marks, text, graphics, icons, images, video or audio clips, is owned by Sarkli-Repechage, Ltd. (or its affiliates, partners, or licensors) and is protected by copyright, trade dress, trademark, unfair competition, United States and international laws, including copyright and trademark laws, and/or other laws and may not be used, copied, reproduced, duplicated, sold, resold, accessed, modified in whole or in part except as expressly provided in these Terms and Conditions. All rights in and to the content are expressly reserved by Sarkli-Repechage, Ltd.
Posting on the Site
Some portions of the Site may allow you to transmit or post your comments, reviews and or opinions (collectively "Comments"). We do not monitor all Comments that are posted on the Site nor do we endorse or control the Comments transmitted or posted. By using the Site, you may be exposed to Comments that are offensive, indecent or objectionable to you. You agree that we shall not be liable in any way for Comments, including, without limitation, for any errors or omissions, or for any loss or damage resulting from Comments. We have the right, but not the obligation to edit or remove any Comments that you submit to the Site, as we see fit, including but not limited to Comments which we deem abusive, obscene, defamatory, unlawful, objectionable or otherwise inappropriate. We may delete or destroy your Comments at any time without liability or obligation to you. You are solely responsible for your Comments. We disclaim any and all liability for use of any information whatsoever that you post. By submitting Comments to the Site, you hereby grant to Spot On Beauty its affiliates and related entities a non-exclusive unrestricted, worldwide, perpetual, irrevocable, royalty-free, fully assignable right and license to use, copy, exploit and display all such Comments in any form, including but not limited to the right to use your first name, city and state and other information that you publicly post.
If you are a copyright owner or an agent for such owner and you believe that any Comments or other user content on the Site infringes upon your copyrights, you may notify us by providing the following information in writing:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed;
(3) Identification of the material(s) that is claimed to be infringing;
(4) Description of the location on the Site of the allegedly infringing material(s);
(5) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(6) 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
(7) 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 copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached at the following address:
300 Castle Road
Secaucus, NJ 07094
Attention: Corporate Counsel
If you do not comply with all of the above requirements, your notice may not be valid.
You agree to indemnify and hold harmless Spot On Beauty its officers, directors, employees, agents, licensees and/or affiliates from and against any and all claims, actions, demands, liability and costs, including, without limitation, reasonable attorney's fees, in connection with any claim arising out of, or allegedly arising out of, your access or use of the Site, including, but not limited to, a breach of these Terms and Conditions by you or any user of your account and/or a breach of any other legal notice or guidelines on the Site by you or any user of your account.
The Site is provided on an "AS IS", "AS AVAILABLE" basis. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, IN CONNECTION WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPOT ON BEAUTY SHALL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY ACCESS INTERRUPTIONS TO THE SITE, DATA NON-DELIVERY OR DESTRUCTION, DAMAGES OF ANY KIND AS A RESULT OF USAGE OF THIRD-PARTY WEBSITES, COMPUTER VIRUSES, SYSTEMS FAILURE OR MALFUNCTIONS, INACCURACIES OF CONTENT, BUSINESS INTERRUPTIONS AND/OR EVENTS BEYOND SPOT ON BEAUTY’S CONTROL. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, SPOT ON BEAUTY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA) RELATED TO THE SITE OR YOUR USE OF THIS SITE OR ANY OTHER LINKED WEB SITES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SPOT ON BEAUTY. HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
Modification of Terms and Conditions
We may at our sole discretion modify these Terms and Condition or add additional conditions that govern your usage of the Site at any time by posting the modifications or additions on the Site. You are responsible for regularly reviewing the most current Terms and Conditions. Any changes will be effective upon posting. Your continued use of the Site after we post revised Terms and Condition constitutes your agreement to any and all such revised terms. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. Additionally, we may modify the use of all or any portion of the Site at any time for any reason and without notice or liability, and we may, with or without notice to you, change any services that may be offered on the Site.
Governing Law and Jurisdiction
The Site is operated in Canada and these Terms and Conditions are governed by the laws of Ontario, Canada, except for its conflict of law provisions. We make no representation that any content on this website is appropriate or available for access or use outside of Canada. Users who decide to access this site from other locations do so at their own risk and are responsible for abiding by local laws, if and to the extent local laws are applicable. By using this Site, you agree that any disputes arising out of or connected with this Site will be resolved individually, and without resort to class action, according to the laws of Ontario, Canada, without reference to its conflict of law principles. Any dispute arising out of or relating to any access or use of this website or to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts located in Ontario, Canada. You hereby expressly submit to the personal jurisdiction of such courts. You agree that any cause of action that you may wish to bring arising out of or related to these Terms and Conditions and/or the Site must be commenced within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.
You agree that these Terms and Conditions and any other terms and conditions that may appear on the Site constitute the complete and exclusive agreement between us concerning your use and access of the Site, and supersede and govern all prior proposals, agreements, or other communications, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. You agree to receive notices relating to the Site and/or these Terms and Conditions electronically, including but not limited to, e-mail or posting on the Site. Any such notice shall be deemed given and received on the day it is sent or posted. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership or joint venture between us. Our failure to enforce performance by you of any provision of these Terms and Conditions shall not constitute a waiver of any provision or right. If any portion of these Terms and Condition is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms and Conditions shall remain in full force and effect. You may not use the Site or export the content in violation of any applicable export laws and regulations.
Last updated June 27, 2018