Thank you for visiting this website for the Nick Chavez line of hair care products (“Website”). This Website belongs to Perfect Plus, Inc., a California corporation (“PP”, “we”, “us”, or “our”). If you are using this Website, these Terms of Use (“Terms of Use”) set forth the agreement between PP and you with respect to your use of the Website.
Please read these terms and conditions carefully before using our Website. By using the Website, you agree to be bound by these Terms of Use. If you do not agree to the terms and conditions contained in these Terms of Use, you may not access or otherwise use this Website. We may make changes to the Website, these terms and conditions, or the policies and conditions that govern the use of the Website at any time, without notice. We encourage you to review the Website, and these terms periodically for any updates or changes. Your continued access or use of the Website shall be deemed your notification and acceptance of these changes.
PURPOSE AND USAGE OF WEBSITE
The Materials (defined below) on this Website are provided for informational purposes only and for your personal and non-commercial use. You may not reproduce, alter, distribute, republish, sell, upload, “mirror”, license, create derivative works from, display, or transfer any Materials provided herein nor may you post material on this Website without our prior written permission. Moreover, you may not use these Materials if you are located in any country which prohibits the storage and/or retrieval of such data. Each user assumes the responsibility of complying with local regulations, restrictions, rules, laws, and/or otherwise before consulting the Materials on this Website.
USER OBLIGATIONS
Upon purchasing any applicable products on the Website, you will be directed to the payment service provider for the payment and registration process. If not stated differently on the Website, the prices of applicable products do not include VAT.
During your use of the Website, you agree to provide true, accurate, current and complete information about yourself on and to maintain and promptly update your account information. You agree to maintain the security of your account, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of the Website. Account information and certain other information about you are subject to the terms herein.
COMMUNITY
We may provide you and other users of the Website access to an interactive online community and message board (“Community”). The Community will allow you to share your experiences with respect to the Website with other users in the form of posts, text, comments, photographs, pictures, and/or other materials (collectively, “posts”).
By accessing the Community, you assume the full risk and responsibility of your participation in the Community. You acknowledge that we are merely facilitating your access to the Community and assume no liability or responsibility for your participation therein. We nevertheless reserve our right to monitor the posts in the Community, including without limitation, the right to delete posts and/or to exclude a user from the Community without prior notice.
SUBMISSIONS
All comments, suggestions, graphics, ideas (including products and advertising ideas), and other information and materials you submit to PP though this Website will become and remain the exclusive property of PP, including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. Accordingly, you disclaim any proprietary rights in such submissions, and you acknowledge PP’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now or in the future, without notice, compensation or other obligation to you or any other person. Moreover, PP has no obligation to keep your submission confidential.
PP may from time to time monitor or review discussions, chats, postings, transmissions, and/or other submissions on this Website. However, PP is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmission or for any error, defamation, libel, slander, omission, falsehood, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted and/or submitted to any such locations on this Website. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane materials or any other materials that could be considered or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any other laws. PP will fully cooperate with any law enforcement authorities or court order requesting or directing PP to disclose the identity of anyone posting such information or materials. PP may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of PP, its employees, customers, or the public.
COPYRIGHT AND TRADEMARKS
Except where noted, we own or are authorized to use all trade names, content, trademarks, service marks, logos, and copyrights on the Website, including without limitation, “Nick Chavez”, “Perfect Plus”, and the artwork, trade dress, and “look and feel” of the Website. No use of this protected material is permitted without our prior written permission and/or such other applicable copyright owners.
Our Website, newsletters, and e-bulletins contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) are protected by copyrights, trademarks, or other proprietary rights. All Content is copyrighted as a collective work under the copyright laws of all applicable jurisdictions, and we own the copyright in the selection, coordination, arrangement, and enhancement of such Content as it appears in the Website. The composition and presentation of such Contents is subject to edits, revisions, updates, alterations, modifications, restrictions, expansions, and/or other changes at any time, without notice, as determined by PP in its sole discretion.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content, including posts in the Community, are reserved to their respective copyright owners. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United States copyright laws (see e.g. 17 U.S.C. Section 107), or other applicable law, you may not upload, post, reproduce, or distribute in any way Content, including posts in the Community, protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content on the Website, newsletters, and/or in our e-bulletins, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. In addition, you may not remove references to copyrights, trademarks, or other proprietary rights in connection with downloadable PDF documents available on the Website. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.
DISCLAIMERS
THE WEBSITE IS PROVIDED FOR YOUR USE ON AN “AS IS”, “AS AVAILABLE” BASIS. WE, ALONG WITH OUT AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY, “ASSOCIATES”), DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR WEBSITE AND/OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, THE PRODUCTS, SERVICES OR INFORMATION OFFERED OR SOLD ON OR THOUGH OUR WEBSITE OR ANY OTHER WEBSITE TO WHICH OUR WEBSITE LINKS AND THE UNINTERRUPTED OR ERROR-FREE USE OF OUR WEBSITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND EXCEPT AS PROHIBITED BY LAW, PP MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR OTHERWISE, WITH RESPECT TO ANY INFORMATION, DOCUMENTS, PHOTOGRAPHS, VIDEOS, OR OTHER MATERIALS FOUND ON THIS WEBSITE AND/OR IN CONNECTION WITH ANY PP’S PRODUCTS OR SERVICES, OR ARISING FROM YOUR PURCHASE OF PP’S PRODUCTS OR SERVICES (“MATERIALS”). IN NO EVENT SHALL PP, OR ANY OF ITS ASSOCIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (EVEN IF PP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (1) YOUR USE OF THE MATERIALS; (2) YOUR USE OR PURCHASE OF PP’S PRODUCTS; (3) YOUR LOSS OF DATA (INCLUDING WITHOUT LIMITATION, DAMAGES OR INTERRUPTION TO COMPUTER SYSTEMS THROUGH OR BY VIRUSES, DEFECTS, OR OTHER SUCH CAUSES); (4) PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE OR PP’S PRODUCTS; (5) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM YOUR USE OF ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THIS WEBSITE; (6) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (7) STATEMENTS OR CONDUCT BY ANY THIRD PARTY ON THIS WEBSITE; OR, (8) ANY OTHER MATTERS RELATING TO THIS WEBSITE.
All information contained on our Website is for informational purposes only. Such information is often presented in summary or aggregate form and is not meant to be a substitute for any information contained on or in any product packaging or labels.
FURTHER, WE EXPLICITLY DISCLAIM ANY RESPONSBILITY FOR ANY PRODUCT OR SERVICE OR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON OTHER WEBSITES CONTAINING LINKS TO OR FROM OUR WEBSITE. These links do not mean that PP endorses, approves, or sponsors any information available at the linked website or any products that may be sold there, nor is PP liable for any damage that might result from your use of such information or products.
DURATION AND TERMINATION OF WEBSITE USAGE
If you no longer agree to be bound by these Terms of Use, you must cease your use of our Website. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of our Website with or without notice. You agree that any termination of your access to our Website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Website, and acknowledge that PP is under no obligation to provide any support for the use of the Website, notwithstanding any “help” tab that may appear on the Website.
LIMITATION OF LIABILITY
Under no circumstances shall we, our Associates, or any other party involved in creating, producing, or distributing our Website be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) any delay, failure, interruption or corruption of our Website or any data or information transmitted in connection with the use of the Website. (ii) personal injury or death caused by your use or misuse of our Website, (iii) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our Website (iv) unauthorized access to or alteration of your transmissions or data, (v) statements or conduct of any third party on our Website, or (vi) any other matter relating to our Website. You hereby acknowledge that this paragraph shall apply to all content, Content, merchandise, and services available through our Website. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, liability is limited to the fullest extent permitted by law. Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information, or service purchased by you from us through our Website.
INDEMNITY
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, providers, merchants, sponsors, licensors and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys' fees) by you or any third-party resulting or arising, directly or indirectly, out of the information or Content you submit, post to or transmit through our Website, your use of our Website, your connection to our Website, your violation of these Terms of Use, or your violation of any rights of another person.
PRIVACY
We respect your privacy in accordance with the terms herein and our Privacy Policy. We reserve the right to monitor our Website, and to disclose any information recorded or posted on, submitted to, or transmitted through our Website to the extent that we, in our sole discretion, deem such disclosure necessary or appropriate to comply with any law, regulation, subpoena, or government request, to operate our Website, or to protect our rights or property or the rights or property of our users.
WAIVER
No failure on the part of PP to enforce any part of these Terms of Use shall constitute a waiver of any of PP’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by PP nor the reliance of any person on PP’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of PP shall have any legal effect whatsoever.
APPLICABLE LAW; JURISDICTION AND VENUE
By accessing this Website, you agree that any dispute arising from or relating to this Website, and the relationship and interaction between you and PP (whether in contract, tort, law or equity) shall be governed by and construed under and according to the laws of the State of California, and that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred, and shall be exclusively resolved by the courts in the County of Los Angeles, and you hereby expressly waive any right you may otherwise have to cause any such action or proceeding to be brought or tried elsewhere.
Your use of this Website constitutes your acknowledgment of and agreement to these Terms of Use. If you do not agree with these Terms of Use, please do not utilize the Website for any purpose.
If any conflict exists between any provision of these Terms of Use and any applicable statute, law, regulation of ordinance, the latter will prevail, but in such event, the affected provision of these Terms of Use will be modified or limited only to the extent necessary to bring it within such legal requirements.
MISCELLAENOUS
These Terms of Use constitute the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements (whether written or oral) relating thereto.