Beauty for Ashes

211 E Avenue G P.O. BOX 164, 76065 Midlothian, TX
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Terms and Conditions

Terms & Conditions

Acceptance of Terms and Conditions

  • Welcome! Beauty for Ashes (“BFA,” “we,” “us” or “our”) is providing this website, application (e.g., mobile apps, tablet apps), or other interactive services (collectively, all such websites, applications, and other interactive services are individually and jointly referred to as “Site”). The Site is owned, operated, and provided on behalf of BFA. Your use of the Site is conditional upon your acceptance of these Terms & Conditions (“Terms”), including our Privacy Policy.
  • BFA reserves the right to amend these Terms from time to time without notice and at our discretion. Accordingly, it is your responsibility to periodically review the Terms for updates, which shall be effective once posted.

YOUR CONTINUED USE OF THE SITE WILL BE DEEMED ACCEPTANCE OF THESE TERMS, INCLUDING OUR PRIVACY POLICY.

Registration, User Information, and Eligibility

  • You may have the option to register for certain portions of the Site; in such instances, you agree to provide true, accurate, and complete information about yourself as prompted during the registration process (“User Information”) and to maintain and promptly update your User Information to keep it true, accurate, current and complete. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information. Further,BFA is entitled to rely on the accuracy and completeness of the User Information.
  • If BFA has reasonable grounds to suspect that the User Information you have provided is untrue, inaccurate, or incomplete, then BFA shall have the right to suspend or terminate your account and refuse any current or future use of the Site (or any portion thereof).
  • You acknowledge and agree that BFA shall have no liability associated with or arising from your failure to provide and maintain accurate User Information, including, but not limited to, your failure to receive critical information about the Site or your account. You further agree that BFA is authorized to verify any of the User Information that you provide.
  • BFA respects your privacy, and as such, requires that anyone signing up with the Site must be 13 years of age or older. By signing up, you represent that you are either an adult, an emancipated minor, or have obtained the legal consent of your parent, legal guardian, or account holder to sign up with the Site and to fulfill the obligations and agree to these Terms.
  • Please read our Privacy Policy, which provides additional information regarding the information we collect, use, disclose, manage and store.
  • You acknowledge and agree that BFA may rely on the User Information to send you important information and notices regarding your account and the Site. From time to time, we may send you newsletters and other promotions by e-mail. You can unsubscribe from our newsletters and other promotions through the unsubscribe mechanism contained in the applicable message.

Site Store

  • BFA may, from time to time, offer physical and/or digital goods (“Products”) and services for purchase through the Site (the “Site Store”). In such instances, additional terms may apply to your use and access to the Site Store, which this reference incorporates herein.
  • The Site Store may utilize third-party operational service providers. All purchases made through these third-party operational service providers are subject to their respective terms and conditions of use.
  • BFA is not responsible and shall have no liability for goods or services you obtain through our third-party operational service providers or other websites or web pages. Accordingly, we encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
  • You agree to pay at full the prices for any Products purchased on the Site Store concurrent with your order.
  • You agree to pay all applicable taxes.

Intellectual Property

  • BFA is the owner and/or authorized user of all trademarks, copyrights, and other intellectual property appearing on or contained within the Site, including, but not limited to, video, audio, sounds, text, images, photos pages, and software, unless otherwise indicated.
  • Except as provided in these Terms, use of the Site does not grant you any right, title, interest, or license in and to any such intellectual property and proprietary rights you may access on the Site.
  • Except as provided in these Terms, any use or reproduction of the intellectual property is prohibited. You agree that you are permitted to use this content only as set out in these Terms or as otherwise expressly authorized in writing by BFA or our licensors and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
  • If you make other use of the Site, or the content, code, data, or materials thereon, except as otherwise provided herein, you may violate trademark, copyright, and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
  • Beauty for Ashes will enforce its trademark, copyright, and other intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

DMCA Policy

  • BFA respects the intellectual property of others.
  •  If you believe that your copyrighted work has been used in a way that constitutes copyright infringement and is accessible on the Site, you may notify our Copyright Agent, as outlined in the Digital Millennium Copyright Act of 1998 (“DMCA”).
  • For your complaint to be valid under the DMCA, you must provide the following information in writing (see 17 U.S.C 512(c)(3) of the U.S. Copyright Act for further detail):A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, e-mail.

User Conduct

  • You acknowledge and agree that you are solely responsible for your conduct on the Site, and the use of the Site for unlawful or harmful activities is not allowed.
  • You represent, warrant, and agree that you shall not:
    • impersonate any person or entity or misrepresent your affiliation with any other person or entity;
    • upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
    • engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity to obtain lists of users or other information, or send chain letters or pyramid schemes via the Site;
    • attempt to gain unauthorized access to other computer systems through the Site;
    • “stalk” or otherwise harass anyone using the Site or access through the Site;
    • contact, anyone using the Site or accessed through the Site for any commercial purpose;
    • contact anyone using the Site or accessed through the Site for any inappropriate, unlawful, or illicit purpose;
    • intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or any other person or entity; or
    • modify, disrupt, damage, disable, overburden, impair, alter or interfere with the use, features, function, operation, or maintenance of the Site or the rights or use or enjoyment of the Site by any other party.Further, you acknowledge, consent, and agree that BFA may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation, or disclosure is reasonably necessary to
      • comply with the legal process;
      • enforce these Terms and/or the Privacy Policy
      • respond to claims that any content or information violates the rights of any third party;
      • respond to your requests for customer or technical service; or
      • protect the rights, property, or personal safety of BFA, Site users, or any third parties.

User Risk

  • You assume all risks when using the Site, including, but not limited to, all of the risks associated with any online or offline interactions with others, including communication, bartering, buying, selling, and correspondence.
  • You agree to take all necessary precautions associated with such activities. BFA IS NOT LIABLE OR RESPONSIBLE FOR ANY ACTIVITIES YOU ENGAGE IN WITH PERSON(S) YOU FIND AND/OR WHO FIND YOU THROUGH OR ON THE SITE.BFA EXPRESSLY WAIVES ANY AND ALL WARRANTIES OF SAFETY AND RESPONSIBILITY FOR YOUR CONDUCT AND INTERACTIONS.

Third-Party Websites and Apps

  • The BFA Site may link to other sites and/or applications that may interest you but are not under our control. These links do not imply endorsement by BFA, and we are not responsible for the availability of or the content contained in any linked site and/or application.
  •  If any third-party site or application you interact with obtains or collects any personally identifiable information from you, in no event shall we assume or have any responsibility or liability.
  • Accordingly, BFAencourages you to be aware when you leave the Site and read the terms and conditions and privacy policy of each other website that you visit or application you engage with.

Disclaimer of Warranties

  • THIS SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE, OUR SUCCESSORS AND ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, ADVERTISERS, SUPPLIERS, VENDORS, AND OPERATIONAL SERVICE PROVIDERS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  • WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES AVAILABLE OR THAT THE CONTENTS WILL BE ACCURATE.
  • ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM, AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

Limitation of Liability

  • TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST, OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL,OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THIS SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

Relationship of Parties

  • Nothing contained in these Terms or the Privacy Policy shall constitute a partnership between or joint venture between BFA and you or constitute either party as the agent of the other.
  • Neither party shall hold itself out contrary to the terms of these Terms or the Privacy Policy. Neither party shall be or become liable because of any representation, act, or omission of the other contrary to the provisions.

Governing Law and Venue

  • These Terms and the Privacy Policy, and any matter relating to this Site, shall be governed by laws of the United States of America, without regard to its principles of conflicts of laws.
  • The exclusive venue of any mediation, action, or other proceeding arising out of these Terms and/or the Privacy Policy shall be in the state and federal courts from which BFA operates.

Compliance with Local Laws

  • BFA operates the Site from its offices in the United States of America. BFA does not represent that content on the Site is appropriate or available for use in other locations. Any party who chooses to access the Site from other locations does so on their initiative and is responsible for compliance with local laws, if and to the extent local laws are applicable.

Assignment

  • You shall not assign any of your rights and/or delegate any of your obligations under these Terms or the Privacy Policy.
  • Any purported assignment and/or delegation by you shall be null and void.
  • BFA may freely assign and/or delegate any of its rights and/or obligations under these Terms and/or underthe Privacy Policy. These Terms and the Privacy Policy shall be binding upon and inure to the benefit of BFA and you and each parties’ respective successors and assigns.

Headings

  • The headings that are made in these Terms and the Privacy Policy are provided for the purpose of convenience only and shall not be construed in interpreting the provisions contained herein.

Severability

  • If any provision (or part of a provision) of these Terms and/or Privacy Policy is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force.
  • If any invalid, unenforceable or illegal provision would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Entire Agreement

  • These Terms & Conditions, including our Privacy Policy, constitute the entire agreement between you and us concerning its subject matter and supersedes any and all prior promises, representations, agreements, statements, and understandings whatsoever between us. To the extent that other content or software is available through the Site, such content and software may be subject to a license agreement distributed or included with such content and software. You agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
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