VLS products can be ordered and delivered in the US and Canada. Please note that Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by VLS.
3. PRICING AND AVAILABILITY, RIGHTS OF REVOCATION, AND REFUNDS
3.1 Pricing and Revocation of Offers. Prices and availability are subject to change without notice. Errors will be corrected where discovered, and VLS reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted). VLS may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same Site account, credit card, and also orders, which use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur.
3.2 Refunds. This Shipping & Returns policy is directly incorporated into the Terms. For domestic customers, there will be a pre-paid label included in your shipment, and you will receive a refund only for the items returned. For international customers, shipping costs associated with the return will not be reimbursed, and you will receive a refund only for the items returned.
4. DISCLAIMER OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL VLS OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF TERRORISM, ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ABH RECORDS, PROGRAMS OR SERVICES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF VLS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to release, indemnify, and defend Victoria Lash Stop, Inc. and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “VLS Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
6. GOVERNING LAW
The Services are created, operated and controlled by VLS in the State of California, United States of America. As such, the laws of the State of California will govern these Terms & Conditions without giving effect to any principles or conflicts of laws. We reserve the right to make changes to the Services and these Terms at any time by updating this posting. By using the Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms & Conditions to which you are bound.
7. AGREEMENT TO ARBITRATE DISPUTES FOR USERS IN THE UNITED STATES AND CANADA.
PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
7.1 Initial Dispute Resolution. We are available by email at email@example.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
7.2 Agreement to Binding Arbitration. For all disputes and claims other than those regarding VLS’s IP rights as described in Section 6 above, if we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms & Conditions (including their formation, performance and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration, which is a private process through which disputing parties agree that one or several neutral arbitrators can make a binding decision and/or award in relation to the dispute after receiving evidence and hearing arguments.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and VLS further agree to submit to the personal jurisdiction of any federal or state court in Los Angeles, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
7.4 Authority of the Arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement this arbitration agreement and all other agreements between you and ABH shall be subject to the Federal Arbitration Act.
7.5 Waiver of Jury Trial. You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.
7.6 Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes. 11.7 Exception – Small Claims Court Claims. Notwithstanding your and VLS’s agreement to resolve all disputes through arbitration, either you or ABH may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
7.8 Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding your and VLS agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
7.9 Opt-Out of Agreement to Arbitrate. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at firstname.lastname@example.org, and providing the following information: (i) your name, (ii) your email address; (iii) your mailing address; and (iv) a statement of your wish not to resolve disputes with VLS through arbitration. The notice must be sent within thirty (30) days of your agreement to the Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this section. If you opt-out of these arbitration provisions, VLS also will not be bound by them.