Terms & Conditions

TERMS OF USE
Effective as of February 26, 2022

Important Notices:

 

  • PLEASE READ THESE TERMS (DEFINED BELOW) CAREFULLY. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN SECTION 11 BELOW ENTITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER.”
  • BY ACCESSING, USING OR ATTEMPTING TO USE THE SITE OR SERVICES (DEFINED BELOW) IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE OR ANY SERVICES.

 

Welcome to Scott Barnes Cosmetics! The Services provided through this website at www.scottbarnes.com (including any web site, web widget, mobile application, or any other similar platform, owned, controlled, or offered by Scott Barnes Cosmetics) (the “Site”), subject to the following terms of use (the “Terms”), which may be updated from time to time by posting a revised version of the Terms, and may do so without advance notice to you. Accordingly, please review the Terms posted at this location on a periodic basis. Each time you access the Site, you agree to be bound by the Terms in effect at the time you access the Site. If you do not agree to the revised terms, do not use the Site. In addition to the Terms, your use of the Services is also subject to our privacy policy, located at https://scottbarnes.com/pages/privacy-policy, as the same may be amended from time to time (“Privacy Policy”). Additionally, when using certain features of the Site, you may be subject to additional terms and conditions applicable to such services.

 

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to provide the Services to you.

 

SECTION 1 – THE SERVICES

 

Through the Site, you can open an account with Scott Barnes Cosmetics, browse Scott Barnes Cosmetics, and purchase Scott Barnes Cosmetics (each of the above, separately, a “Service,” collectively, the “Services”). In order to use the Services, you must be at least eighteen (18) years of age (or the applicable age of majority and contractual capacity).

 

User Account

 

In order to facilitate your use of the Services, you may create a user account with Scott Barnes Cosmetics (an “Account”). The creation of an Account allows you to streamline your use of the Services by saving your billing and shipping address(es), payment information, and order history on the Site. In order to create an Account, you must provide your first and last name, a valid email address, and create a password. You are responsible for providing complete and accurate information to us. In the event your information changes, you are responsible for updating your Account to maintain accuracy and completeness.

 

Your use of the Services is not contingent on the creation of an Account, but we may provide additional Services (including discounts) to those customers with Accounts.

 

Account Security

 

You are responsible for maintaining the confidentiality of your Account credentials and are fully responsible for any and all activities that occur under your Account. You agree to notify Scott Barnes Cosmetics immediately if you know or suspect unauthorized use of your Account or any other security breach you know or suspect, such as loss, theft, unauthorized disclosure or use of your Account or password. Scott Barnes Cosmetics is not responsible for any losses, damages, costs, expenses or claims that result from stolen or lost passwords or any unauthorized use of your Account. While Scott Barnes Cosmetics has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Scott Barnes Cosmetics is not responsible for the accuracy, reliability, or security of any information transmitted to or from the Site. 

 

Except as required by law, we may, without notice or without liability to you, suspend or deactivate your Account, or otherwise suspend or terminate access to, or refuse to provide, any Services at any time in our sole discretion, including without limitation: 

 

  • if we believe, in our sole discretion, you directly or indirectly use, or attempt to use, the Services for any unlawful or improper purpose;
  • if you provide any incomplete, incorrect or false information to us;
  • if you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Site or the Services;
  • if we believe that your use of any method of payment is unauthorized, or if your method of payment does not have sufficient available funds (or credit, as applicable), or that has expired, or if your method of payment is declined or your payment is blocked or reversed for any reason; 
  • if you have breached any portion of these Terms; 
  • if we determine that your Account is inactive; 
  • if we determine such action is necessary to comply with these Terms, any of our policies, procedures or practices, or any law, rule or regulation.

 

 

SECTION 2 - PRODUCTS AND SERVICES

 

Our products are made available for purchase on the Site. We may have limited quantities of each product and we reserve the right to make changes to what products are available on the Site, any descriptions thereof, and pricing in our sole discretion and without notice to you. Scott Barnes Cosmetics does not guarantee any specific product will be available at any time.

 

While have made every effort to display as accurately as possible the colors and images of our products that appear at the store, we do not guarantee that your computer monitor's display of any color will be accurate.

 

Any product purchased on the Site is subject to return or exchange solely according to our Return Policy https://scottbarnes.com/pages/shipping-returns

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

 

SECTION 3 – CONDITIONS OF USE

 

User Conduct

 

You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively “Content”) that you upload, post, publish or display (collectively, “Post”) or, email or otherwise transmit or use via the Site or pursuant to any of the Services offered thereon. You hereby grant Scott Barnes Beauty a perpetual, irrevocable, non-exclusive, sub-licensable, transferable, worldwide royalty-free right and license to use all Content you Post on the Site or otherwise, for any purpose, including the right to copy, store, modify, distribute, perform, display, reformat, excerpt, translate and create derivative works of such Content, in any media known now or in the future, and to allow others to do the same. You irrevocably waive any so-called moral rights and rights of attribution. 

 

You agree not to use the Site or Services to Post or otherwise transmit Content that is illegal, obscene, hateful, threatening, defamatory, an invasion of privacy, an infringement of intellectual property rights (including publicity rights), violates a contractual or fiduciary right, duty or agreement, constitutes anti-competitive collaboration and/or antitrust violations, or is otherwise injurious to third parties or objectionable, in Scott Barnes Beauty’s sole judgment, and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. Scott Barnes Cosmetics reserves the right, but not the obligation, to monitor, edit, and/or remove any Content in its sole discretion. Scott Barnes Cosmetics takes no responsibility and assumes no liability for any Content you Post or otherwise transmit using the Site or the Services or any deletion of or failure to store any Content.

 

Notwithstanding the right and license granted above, it is understood that by merely permitting your Posts and Content to appear on the Site, Scott Barnes Cosmetics has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Post or Content.  You represent that you have all necessary rights to make the Content available to Scott Barnes Cosmetics, and you also acknowledge that such Posts are non-confidential for all purposes and that Scott Barnes Cosmetics has no control over the extent to which any idea or information may be used by any party or person once it's posted or displayed.  You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Post originated; that Scott Barnes Cosmetics will not be liable for any errors or omissions in any Post; and that Scott Barnes Cosmetics cannot guarantee the identity of any other users with whom you may interact in the course of using the Site.  Scott Barnes Cosmetics recommends that you do not Post or display any confidential or sensitive information on the Site.

 

No Resale of Services

 

Unless otherwise agreed to by Scott Barnes Cosmetics, your right to use the Services is personal to you. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, sell, exploit, transfer, or transmit for any commercial purpose, any portion of the Services, use of the Services, or access to the Services.

 

Violation of the Terms

 

If you are using the Site on behalf of an entity or group, you represent that you have the necessary rights, authorization, and authority to enter into these Terms on behalf of such entity or group and references to “you” herein shall also be interpreted to reference the entity or group. Scott Barnes Cosmetics asks that you take reasonable action to ensure that everyone using the Site and the Services follows these Terms by reporting any use of the Site or Services, or any Posted Content that violate these Terms. If you have such a violation to report, please email us at support@scottbarnes.com.

 

Restrictions

 

You may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Sites, or any portion of the Site including (a) use any "deep link, “page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (b) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any Scott Barnes Cosmetics server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (d) reverse look-up, trace, or seek to trace any information on another user of or visitor to the Site, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Scott Barnes Beauty's systems or networks or any systems or networks connected to the Site, (f) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Scott Barnes Cosmetics on or through the Site, or (h) use the Site in an unlawful manner.

 

SECTION 4 - NOTICE

 

Any notice required to be given by Scott Barnes Cosmetics under these Terms, or otherwise, may be provided to you by email, a posting on the site, or other reasonable means.  Scott Barnes Cosmetics may broadcast, distribute or display notices or messages through the Site or via email to inform you of changes to these Terms, the Services, the Privacy Policy or other matters of importance.  Such broadcast, distributions or displays of information shall constitute notice to you. Your continued use of the Site or the Services subsequent to such notification shall be deemed an acknowledgement and acceptance thereof.

 

SECTION 5 – DATA AND PRIVACY

 

All collection, sharing, and use of data regarding access to the Site and usage of the Services is governed by the Privacy Policy https://scottbarnes.com/pages/privacy-policy

 

SECTION 6 – INTELLECTUAL PROPERTY

 

Scott Barnes Cosmetics reserves all rights in and to the Site and all related intellectual property.  “Scott Barnes Cosmetics", and all associated logos, trademarks or other identifiers displayed within the Site are the sole property of Scott Barnes or its licensors. You acknowledge that, as between you and Scott Barnes Cosmetics, all rights, title and interest, including all copyright, trademark, patent, trade secret and other intellectual property or proprietary rights, related to the Site (including all modifications, improvements, upgrades, and derivative works thereof) belong exclusively to Scott Barnes. You shall honor and comply with any and all contractual, statutory or common law rights of Scott Barnes, as well as any applicable third parties, arising out of or relating to the provision or use of the Site or Services.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

SECTION 7 - TERMINATION

 

Scott Barnes Cosmetics, in its sole discretion, may suspend or terminate your Account or use of the Services, remove and discard any Content, for any reason, including, without limitation, for lack of use or if Scott Barnes Beauty believes you have violated these Terms, in letter or in spirit. Scott Barnes Beauty may also, in its sole discretion, discontinue providing the Services, or any part thereof, with or without notice. You may terminate your Account and use of the Services at any time and for any reason by sending an email to support@scottbarnes.com and requesting that your Account be closed. If you object to any terms or conditions of the Terms, your only recourse is to cease use of the Services and to terminate your Account. You are invited to contact Scott Barnes Cosmetics and let us know your reasons for terminating your Account. Upon termination, your right to use the Services will immediately end.  All provisions of these Terms which, according to their terms or their nature, should survive termination, including, without limitation, provisions with respect to limitation or liability and disclaimer of warranties, shall survive.

 

SECTION 8 – INTERACTIONS WITH THIRD PARTIES

 

Any websites that are accessible via links embedded in the Site that take you away from the Site are not within Scott Barnes Cosmetics’ control and we are not responsible for the content, products, services, or terms of any linked website. All such websites are subject to the terms, conditions, policies, and procedures of the owner of such website and not these Terms.  Accordingly, Scott Barnes Cosmetics hereby expressly disclaims and shall not have any liability or responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on any such websites accessible through links on the Site. We encourage you to read the applicable terms and conditions to understand your rights and obligations.

 

SECTION 9 – INDEMNIFICATION AND LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD Scott Barnes Cosmetics, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, MANAGERS, EQUITY OWNERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “Scott Barnes Cosmetics GROUP”), AS APPLICABLE, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICES, ANY CONTENT PROVIDED BY YOU, THE VIOLATION OF THESE TERMS BY YOU, THE INFRINGEMENT BY YOU (OR ANYONE ACCESSING THE SITE USING YOUR ACCOUNT) OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION.  THIS INCLUDES, BUT IS NOT LIMITED IN ANY WAY TO, ANY HARM YOU MAY EXPERIENCE FROM RECEIVING ANY OF THE PRODUCTS OFFERED ON THE SITE – WHETHER CONSUMABLE OR NOT.  Scott Barnes Cosmetics IS IN NO WAY RESPONSIBLE FOR INJURY CAUSED AS A RESULT OF ANY PRODUCT, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY DEFECT, UNSAFE PRODUCT OR PACKAGING, PRODUCT LIABILITY, INJURIES (INCLUDING DEATH) OR OTHERWISE. IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM PRODUCT COMPONENTS AND ENSURE APPROPRIATE SAFETY MEASURES ARE TAKEN WHEN USING ANY PRODUCT. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.  IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, Scott Barnes Cosmetics SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Scott Barnes Cosmetics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS; OR (III) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA.  YOU SPECIFICALLY AGREE THAT Scott Barnes Beauty IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SITE OR THE SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY.  Scott Barnes Cosmetics' TOTAL LIABILITY TO YOU FOR BREACH OF CONTRACT AND FOR ANY AND ALL OTHER CLAIMS (INCLUDING TORT CLAIMS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, SERVICES, OR PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL PAYMENTS MADE BY YOU TO Scott Barnes Cosmetics HEREUNDER.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

SECTION 10 – DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, SERVICES AND PRODUCTS ARE AT YOUR SOLE RISK AND EXPENSE AND SUBJECT TO THESE TERMS, ANY APPLICABLE LAW, AND ANY ADDITIONAL TERMS AND CONDITIONS IMPOSED BY ANY THIRD PARTY PROVIDER. THE SITE, SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Scott Barnes Cosmetics EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. Scott Barnes Cosmetics MAKES NO WARRANTY THAT THE SITE, SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT Scott Barnes Cosmetics DOES NOT CONTROL CONTENT, INFORMATION OFFERED BY SUPPLIERS, ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SITE. Scott Barnes Cosmetics MAKES NO WARRANTY REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE Scott Barnes Beauty GROUP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

SECTION 11 – DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER

 

UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SITE, SERVICES, THESE TERMS OR BREACH OF THESE TERMS, INCLUDING STATUTORY CONSUMER CLAIMS (EACH, A “DISPUTE”), SHALL BE SETTLED EXCLUSIVELY BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS COMMERCIAL ARBITRATION RULES AND, WHERE APPROPRIATE, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (“AAA CONSUMER RULES”), BOTH OF WHICH ARE AVAILABLE AT THE AAA WEBSITE AT WWW.ADR.ORG. YOU UNDERSTAND THAT ABSENT THIS SECTION 11, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

 

THE DETERMINATION OF WHETHER A DISPUTE IS SUBJECT TO ARBITRATION, IF CONTESTED, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND DETERMINED BY A COURT RATHER THAN AN ARBITRATOR. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY THE AAA RULES AND, WHERE APPROPRIATE, LIMITED BY THE AAA CONSUMER RULES. IF SUCH COSTS ARE DETERMINED BY THE ARBITRATOR TO BE EXCESSIVE, WE WILL PAY ALL ARBITRATION FEES AND EXPENSES. THE ARBITRATION MAY BE CONDUCTED IN PERSON, THROUGH THE SUBMISSION OF DOCUMENTS, BY PHONE OR ONLINE, AT YOUR ELECTION, SUBJECT TO THE DETERMINATION OF THE ARBITRATOR. IF IN PERSON, ANY ARBITRATION HEARING THAT YOU ATTEND SHALL TAKE PLACE IN THE FEDERAL JUDICIAL DISTRICT OF YOUR RESIDENCE.

 

RESTRICTIONS

 

YOU AND Scott Barnes Cosmetics AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. ANY DISPUTE MUST BE INITIATED WITHIN ONE YEAR AFTER THE COMPLAINING PARTY DISCOVERS THE FACTS THAT FORM THE BASIS FOR THE CONTROVERSY OR CLAIM, OR IT IS FOREVER WAIVED.

 

Exceptions to Arbitration

 

You and we agree that the following Disputes (and only these Disputes) are not subject to the above provisions concerning binding arbitration and may be brought in any court having jurisdiction over the parties and subject matter: (1) any suit to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed.

 

Severability

 

You and we agree that if any portion of this Section 11 is found illegal or unenforceable, that portion shall be severed and the remainder of THIS SECTION 11 shall be given full force and effect.

 

SECTION 12 – GENERAL TERMS

 

These Terms constitute the entire agreement between you and Scott Barnes Beauty and govern your use of the Services, superseding any prior agreements between you and Scott Barnes Cosmetics with respect to your use of the Site, Services, and your Account. You may also be subject to additional terms and conditions that may apply when you use third party services in conjunction with your use of the Services, and you represent and warrant that you will comply with all such additional terms and conditions. These Terms are governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws provisions. Except as provided in the Dispute Resolution by Binding Arbitration and Class Action Waiver section above, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. TO THE EXTENT THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION ABOVE IS INAPPLICABLE TO A CLAIM OR ACTION, AND WITHOUT PREJUDICE TO SUCH SECTION, EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS; EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION; AND EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY TO ENTER INTO THESE TERMS. Scott Barnes Cosmetics' failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Scott Barnes Cosmetics in writing.  You and Scott Barnes Cosmetics agree that any lawsuit arising out of or related to these Terms, your use of the Site or the Services, or with respect to any products, which is brought by you or any third party, must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred.  No party shall be liable for failure or delay in performing obligations (except for obligations regarding payment of money) set forth in these Terms, and no party shall be deemed in breach of such obligations, if such failure or delay is due to natural disasters or any cause reasonably beyond the control of such party.  The provisions of these Terms are solely for the benefit of you and Scott Barnes Cosmetics and, except as specifically provided herein, no third party (including creditors of any party) may seek to enforce, or benefit from, these provisions, or seek redress for any breach or other damage, alleged or proved, under these Terms. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.

 

SECTION 13 – SEVERABILITY

 

If any provisions of these Terms, either in whole or in part, is held to be illegal, invalid, void as against public policy, or unenforceable for any reason under present or future law, such provision shall be fully severable without effect on the remaining provisions, which shall continue in full force and effect and remain legal, valid, effective, and enforceable as if the illegal, invalid, void, or unenforceable provision(s) had never comprised a part of such provision or these Terms, as applicable.  In lieu of the illegal, invalid, void, or unenforceable provision, there shall be added a provision as similar in terms and legal effect to the illegal, invalid, void, or unenforceable provision as may be possible and which may be legal, valid, effective and enforceable.

 

SECTION 14 – MODIFICATION OF TERMS

 

Scott Barnes Cosmetics reserves the right to modify or discontinue all or any portion of the Services with or without notice to you. Scott Barnes Cosmetics shall not be liable to you if we modify or discontinue all or any portion of the Services. Scott Barnes Cosmetics may change the terms and conditions of these Terms at any time in its sole discretion. Your continued use of the Site or the Services subsequent to such modification shall be deemed an acknowledgment and acceptance thereof.

 

SECTION 15 – CONTACT INFORMATION

 

If you have any questions regarding these Terms and/or the Site, please contact Scott Barnes Beauty at support@scottbarnes.com.