TERMS OF USE

Effective as of February 1, 2020

Welcome to the Cura Bello Body Moisturizer, LLC DBA The Company (“The Company” or “Company”) website and services (the “Site”). The following Terms of Use apply when you view or use the Site (via our website located at https://www.curabelloskincare.com/). Regardless of the means of access, whether you are accessing our site from a computer or mobile phone device (through an iPhone application, for example), these Terms of Use govern your use of our site and your conduct. Please review the following terms carefully. By accessing or using the Site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Modification of Terms of Use

The Company reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines, and Rules from time to time at any time, without notice, and in its sole discretion. If The Company decides to change these Terms of Use, The Company will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITE FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITE. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site and your participation in the Community. 

Privacy Policy

 The Company respects the privacy of its Site users. Please refer The Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site, you signify your agreement to this Privacy Policy.

About the Site

The Site allows you to browse products, purchase products, sign up for the email list, sign up for a subscription, or read our blog.

Registration; Rules for Conduct and Use of the Site

You need to be at least 18 years old to register and use the Site. If you are a user who signs up for the Site, you will create a personalized account which includes a unique username and a password to access the Site. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

Use Restrictions

Your permission to use the Site and Services is conditioned upon the following Use Restrictions and Conduct Restrictions:

You agree that you will not under any circumstances:

  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

  • Post anything that harms minors;

  • Post anything that violates any law, statute, ordinance or regulation;

  • Use the Site for any unlawful purpose or for the promotion of illegal activities; attempt to, or harass, abuse or harm another person or group;

  • Use another user’s account without permission;

  • Provide false or inaccurate information when registering an account;

  • Interfere or attempt to interfere with the proper functioning of the Site;

  • Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

  • Bypass any robot exclusion headers or other measures we take to restrict access to the Site; or use any software, technology, or device to scrape, spider, or crawl the Site; or harvest or manipulate data; 

  • Publish or link to malicious content intended to damage or disrupt another user’s browser or computer; 

  • Use any form of phishing that contains unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  • Post content that contains any computer viruses, worms or other potentially damaging computer programs or files; or

  • Impersonate any person or entity, including, without limitation, any The Company official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity. 

Additionally, you may not use the Site or Community to collect or store personal information about other users.

For any Content that you submit, you grant The Company a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This includes, but is not limited to, sharing your Content, including your Ratings & Reviews, with third-party brands whose product we sell. This license will survive the termination of these Terms of Use and your use of the Site.

Posting and Conduct Restrictions

When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Site. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Site at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree to the following:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;

  • You will not post information that is malicious, false or inaccurate;

  • You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

  • You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Site, the Community, and potentially Third Party Site;

  • You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to The Company to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of Use);

  • You understand that your Content may be utilized and distributed by Curo BelloTM in its marketing materials, including but not limited to, the The Company website, emails, social channels, and store materials;

  • You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for providing content for posting content on Cura Bello’s Site or channels (including but not limited to product reviews, Q&A, photographs, and social channels), then this must be disclosed in such post. All disclosures must be made clearly and conspicuously;

  • All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto

  • All Content that you post is accurate;

  • You are at least 18 years old; AND

  • That use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or accessible through your use of the Site is solely your responsibility.  The Company is not responsible for any public display or misuse of your User Content.  The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Site.

All Content that you submit is not confidential and may be used at The Company’s sole discretion. The Company may or may not pre-screen Content. However, The Company and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Site. In particular, The Company and its designees will have the right to remove any Content that The Company deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. The Company does not guarantee that you will have any recourse through The Company to edit or delete any Content you have submitted. The Company reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Site. Ratings and Reviews and Gallery photos are generally posted within two to four business days. However, The Company reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not The Company, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of The Company, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

Reservation of Rights

The Company reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Community and the Site and to block or prevent your future access to and use of the Community and the Site. The Company may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of The Company (and its employees), its users and the public.

Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by The Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does The Company adopt nor endorse, nor is The Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than The Company . The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Site. Under no circumstances will The Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.

Though The Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Site or to limit or deny a user’s access to the Site or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious, The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Site or our Services, please contact us

Links to Other Site and/or Materials

As part of the Site and Services, The Company may provide you with convenient links to third party website(s) (“Third Party Site”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Site users.  The Company has no control over Third Party Site and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Site or Third Party Applications, Software or Content. Such Third Party Site and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by  The Company, and  The Company is not responsible for any Third Party Site accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Site or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by The Company. If you decide to leave the Site and access the Third Party Site or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

Copyright Complaints and Copyright Agent

(a)Termination of Repeat Infringer Accounts.  The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, The Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers.  The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions. For any questions or complaints regarding intellectual property, please contact us.

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof is Copyright (c) 2019 Cura Bello Body Moisturizer, LLC DBA Curo BelloTM, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of The Company and protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with The Company, engaging with the Community or using the Site as a shopping resource. Any other use of materials on the Site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of The Company is strictly prohibited.

DMCA

If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide us the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on the Site;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • Your name, address, telephone number and email address (if available); and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Please contact us with the above information asap. 

License Grant

For contractual purposes, you (a) consent to receive communications from  The Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that  The Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about The Company and special offers. 

Warranty Disclaimer

THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE, SERVICES, AND PRODUCTS. INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

THE COMPANY IS PROVIDING THE SITE, THEIR CONTENTS AND THE COMMUNITY ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE OR THE COMMUNITY, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE OR AS PART OF THE COMMUNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE OR THE COMMUNITY IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

Limitation of Damages; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, or a merchant of a product or service that you review using the Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Indemnification

You agree to defend, indemnify and hold harmless The Company (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Site and the Community; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Site and the Community.

 

General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of The Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with The Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of law provisions.

 The Company may assign or delegate these Terms of Service and/or The Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without The Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

 Billing & Payments 

All information that you provide to use The Company site and services including your credit card information is subject to our Privacy Policy. The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover (please check our Shipping, Return and Exchange Policy for an updated list). 

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant The Company the right to store and process your information with the third party payment service which may change from time to time; you agree that The Company will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

  1. Returns, Shipping & Replacement Requests

We are committed to providing good customer service and customer satisfaction. We stand behind the products we sell and will review and respond to all requests for returns or replacements.  You understand and agree that that The Company shall have sole discretion to process refunds and exchanges for any product unless the product received by you is damaged and/or expired. If a product is defective, you may notify us and we will send you a new item. To request a replacement item, please contact us within 30 days of purchase.  

Due to the nature of our products we will not accept returns/exchanges for opened product or used products. 

Shipping and handling fees are included at checkout and are non-refundable. Additional shipping fees may be applied to all orders outside of the United States. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify The Company within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.

Replacement of products claimed as not received or damaged/destroyed are subject to our investigation, which may include postal-service notification. We will authorize and have replacement product shipped at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your future orders.

2.   Risk of Loss and Title

All products purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, The Company. The risk of loss for such products passes to you when The Company or its supplier delivers these items to the carrier. Title to products purchased on the Site passes to you when we receive full payment of all sums due for such products including any shipping and handling charges.

3.   Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or debit card, used in connection with a purchase or transaction or other monetary transaction interaction with the Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

4.   No Professional Advice

Any product or other information (for example, product ingredients, instruction for a particular product beauty use) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Site. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

5.   Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately The Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Site. The Company will not be liable for any loss or damage arising from your failure to comply with this Section.

6.   CLASS ACTION WAIVER

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND CURA BELLO BODY MOISTURIZER LLC, DBA CURA BELLOTM, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Cura Bello Body Moisturizer, LLC DBA CURA BELLOTM agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

7.   DISPUTES

Should a dispute arise between you and The Company, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable using this link.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

You agree that any cause of action related to or arising out of your relationship with The Company must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the Certified Mediator in Dallas County, Texas. Texas law shall apply.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by mediation. If mediation fails, then the parties elect to have the dispute resolved by a Judge. 

In the event that any litigation should arise between you and The Company  in any state or federal court in a suit to vacate or enforce an Settlement Agreement or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

8.   Disclaimer of Warranties 

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE, PRODUCTS, BOXES OR ANY INFORMATION THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, BOXES, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

9.    Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, PRODUCTS OR BOXES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, BOXES, OFFERS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL THE COMPANY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

10.   General Terms

If any part of these terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of The Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

These Terms of Use and your use of the Site/Service are governed by the federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of law provisions.

 The Company may assign or delegate these Terms of Use and/or The Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without The Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT TOGETHER WITH THE PRIVACY POLICY AND TERMS OF USE REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

11.   Product Information

The products displayed on the Site can be ordered and delivered only within the U.S. and certain select countries. All material and information presented by The Company is intended to be used for personal, educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through The Company are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from The Company, it should be only after the legal or parental guardian has discussed the product with the minor's doctor.

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. The Company does not give or intend to give any answers to medical related questions and this Site do not replace any medical professional or medical resource. The Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The products available on the Site, including any samples The Company may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from The Company. The Company reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Cura Bello in its sole discretion.

Except where prohibited by law, The Company may limit the number of products available for purchase. At the time, clients may be limited to the purchase a certain number of any given product.

12.   Third Party Content and Third Party Site

The Company may provide content of third parties ("Third Party Content") or links to Third Party Site as a service to those interested in this information. The Company does not monitor, approve or have any control over any Third Party Content or the Third Party Site and the inclusion of links to Third Party Content or Third Party Site does not imply any association or relationship between The Company and such third party. The Company does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. The Company is not responsible for updating or reviewing Third Party Content or Third Party Site. You use Third Party Content and Third Party Site at your own risk. Third Party Content, including comments from third party users submitted to The Company through the Community, do not necessarily reflect the views of The Company.

13.   Mobile Services

If you access the Site via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the Site via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy. 

Cura Bello Body Moisturizer, LLC.

1800 S. Loop 288 Ste. 396 #195

           Denton, TX 76205

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