Terms & Conditions

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
 
BHCosmetics, Inc. (“we”) provides www.bhcosmetics.com (the “Site”) subject to these Terms of Use and all applicable laws and regulations. By using the Site, you fully and unconditionally accept and agree to these Terms of Use. If you do not agree to them, please do not use the Site. We may revise these Terms of Use at any time by updating this page. By using the Site you agree to be bound by any such changes.
 
LIMITATIONS ON USE

We make no representations that the Site is appropriate or available for use in locations outside of the United States. If you access the Site from outside of the U.S., you do so voluntarily and at your own risk, and you are responsible for compliance with applicable law.

YOUR ACCOUNT INFORMATION

If you choose to register on the Site, you will set up an account by submitting your contact information and selecting a password (together, your “Account Information”). Limit: one (1) active account per person. We reserve the right to deactivate multiple accounts established by the same person. It is your responsibility to maintain the confidentiality of your Account Information, and you are responsible for all use of the Site accessed through it. You agree to immediately notify us of any unauthorized use of your account of Account Information or any other actual or suspected breach of Site security.
 
PRIVACY
 
Any information that you submit to us or that we collect through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.
 
USE OF THE SITE
 
We maintain the Site for your non-commercial personal use. Your use of the Site for any other purpose is permissible only with our prior written consent. Without limiting the foregoing, you may not: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others’ use of the Site; (3) impersonate another person while using the Site; (4) impair the Site’s operation or interfere with or disrupt the servers or networks connected to it; (5) interfere with our intellectual property rights; (6) frame or otherwise co-brand the Site or any of its content; (7) deep-link to any portion of the Site; or (8) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.
 
TRANSACTIONS
 
All transactions made through the Site are subject to our acceptance, which is in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.

PROMOTIONS
 
All offers are valid while supplies last. BH Cosmetics reserves the right to substitute any product at its discretion and the right to limit quantities and discounts without notice. Not valid for bulk orders. Discounts and coupons not valid for gift card purchases. Coupon code must be applied at the time of Checkout. Coupon codes may not be applied retroactively to orders that have been processed or shipped. Only one coupon code may be applied per order. Free or discounted shipping offers are only valid to US orders.
 
CUSTOMS & IMPORT FEES
 
Customs and import fees may apply to international orders. Customs and import fees fluctuate by country and value of the order. The customer is responsible for all customs and/or import fees. Customs and import fees may be due upon delivery. BH Cosmetics cannot lower the invoice value or send the order as a gift. This is a universal policy.
 
ELECTRONIC COMMUNICATIONS

By using the Site, you consent to receiving electronic communications and notices from us. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

COPYRIGHT

All copyrightable text, graphics, sound, downloads, software and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials and the overall design of the Site are copyrighted by us and protected by law. Copyright 2013, bhcosmetics.com. ALL RIGHTS RESERVED. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited. The Site may also contain content that is owned by third parties. You may use such third-party content only as expressly authorized by the applicable owner.

TRADEMARKS

All of our trademarks, service marks and trade names used on the Site are trademarks or registered trademarks of BH Cosmetics, Inc. in the U.S. and/or other countries. Except as otherwise permitted by these Terms of Use, they may not be used without our prior express written permission. All other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us).
 
NO WARRANTY

While we use our best efforts to maintain the accuracy and reliability of the Site, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.
 
LIMITATION OF LIABILITY
 
IN NO EVENT SHALL BH COSMETICS, INC., ITS RELATED COMPAINES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSATION ENTERED INTO THROUGH THE SITE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
 
INDEMNITY

You agree to indemnify and hold us, our related companies and each of our and their respective directors, officers, employees and agents harmless from and against any third-party or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.

GOVERNING LAW
 
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws rules.

BINDING ARBITRATION
 
ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE OR THESE TERMS OF USE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party’s state of residence to protect the party’s intellectual property rights. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS OF USE. In the event of an inconsistency between the Arbitration rules or procedures and these Terms of Use, these Terms of Use shall control. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court having jurisdiction. The arbitrator will decide whether you or we will ultimately be responsible for paying any fees in connection with the arbitration. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration. No arbitrations under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration or otherwise.

USE OF INFORMATION SUBMITTED

You agree that we may use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.
 
SITE MODIFICATIONS
 
We reserve the right, in our discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

LINKS TO OTHER SITES

The Site may include links to third-party websites. We do not control and are not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it.
 
TERMINATION
 
We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party.
 
GENERAL

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed as consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and us in connection with your use of this Site.
 
CONTACT US
 
If you have any questions about these Terms of Use, please contact us at support@bhcosmetics.com
 
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