The Kalton Beauty website (the "Site") is comprised of various web
pages operated by Kalton Beauty and is offered to you conditioned on
your acceptance without modification of the terms, conditions, and
notices contained herein (the "Terms"). Your use of Kalton Beauty
constitutes your agreement to all such Terms. Please read these
terms carefully and keep a copy of them for your reference.
Kalton Beauty is an E-Commerce Site.
1. Privacy. Your use of Kalton Beauty is subject to Kalton Beauty 's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
2. Electronic Communications. Visiting Kalton Beauty or sending emails to Kalton Beauty constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
3. Your Account. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Kalton Beauty is not responsible for third party access to your account that results from theft or misappropriation of your account. Kalton Beauty and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
4. Children Under Thirteen. Kalton Beauty does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Kalton Beauty only with permission of a parent or guardian.
5. Links to Third Party Sites/Third Party Services.
Kalton Beauty may contain links to other websites ("Linked Sites").
The Linked Sites are not under the control of Kalton Beauty and
Kalton Beauty is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. Kalton Beauty is
providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Kalton Beauty of
the site or any association with its operators.
Certain services made available via Kalton Beauty are delivered by
third party sites and organizations. By using any product, service
or functionality originating from the Kalton Beauty domain, you
hereby acknowledge and consent that Kalton Beauty may share such
information and data with any third party with whom Kalton Beauty
has a contractual relationship to provide the requested product,
service or functionality on behalf of Kalton Beauty users and
customers.
6. Usage Limitations. Kalton Beauty may suspend or revoke your license to use the Site, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
7. Use of Communication Services
The Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that
are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when
using a Communication Service, you will not: defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or
information; upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have
received all necessary consents; upload files that contain viruses,
corrupted files, or any other similar software or programs that may
damage the operation of another's computer; advertise or offer to
sell or buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain
letters; download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
distributed in such manner; falsify or delete any author
attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services;
violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail
addresses, without their consent; violate any applicable laws or
regulations.
Kalton Beauty has no obligation to observe the Communication
Services. However, Kalton Beauty reserves the right to review
materials posted to a Communication Service and to remove any
materials in its sole discretion. Kalton Beauty reserves the right
to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
Kalton Beauty reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in
Kalton Beauty's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Kalton Beauty does not control or endorse the content,
messages or information found in any Communication Service and,
therefore, Kalton Beauty specifically disclaims any liability with
regard to the Communication Services and any actions resulting from
your participation in any Communication Service. Managers and hosts
are not authorized Kalton Beauty spokespersons, and their views do
not necessarily reflect those of Kalton Beauty.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You
are responsible for adhering to such limitations if you upload the
materials.
8. Monitoring Consent.
The Site and connected services may monitor your computer or mobile
device for unauthorized third-party programs running concurrently
with the Site and connected services. Unauthorized programs used
herein are defined as any third-party software prohibited in Section
6.
If the Site detects any unauthorized third-party software, the Site
and connected services may communicate to Kalton Beauty : account
information, information regarding the unauthorized software, and
time/date of occurrence. Kalton Beauty maintains the ability to
exercise any/all of its rights under this Agreement without notice
to the user.
The Site and connected services may at Kalton Beauty’s discretion
also use diagnostic tools for reporting computer or mobile
information to Kalton Beauty in the event of crashes. Such data
includes system and drive data.
Usage of the Site and connected services grants consent to the above
terms.
8. Ownership. Kalton Beauty is the owner or licensee of all right, title, and interest in and to the Site, including all connected services that are produced and developed by Kalton Beauty including Accounts; all of the features; and components thereof. The Site may contain materials licensed by third parties to Kalton Beauty, and these third parties may enforce their ownership rights against you in the event that you violate these Terms and Conditions. The following components of the Site are owned or licensed by Kalton Beauty:
9. Submissions.
Kalton Beauty does not claim ownership of the materials you provide
to Kalton Beauty (including feedback and suggestions) or post,
upload, input or submit to any Kalton Beauty site or our associated
services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you
are granting Kalton Beauty, our affiliated companies, and necessary
sublicensees permission to use your Submissions in connection with
the operation of their internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your
Submissions.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Kalton Beauty is under no obligation
to post or use any Submission you may provide and may remove any
Submission at any time in Kalton Beauty's sole discretion.
By posting, uploading, inputting, providing, or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the Submissions.
10. Third Party Accounts. You will be able to connect your Kalton Beauty account to third party accounts. By connecting your Kalton Beauty account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
11. Indemnification. You agree to indemnify, defend and hold harmless Kalton Beauty, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kalton Beauty reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kalton Beauty in asserting any available defenses.
12. Equitable Remedies. You agree that Kalton Beauty would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event you agree that Kalton Beauty shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to Kalton Beauty will not limit its ability to receive remedies that are otherwise available to Kalton Beauty under applicable laws.
13. Alterations.
(a). Alterations to the Agreement:
14. Term and Termination.
(a). Term:
This Agreement is effective upon your creation of an account and
shall remain in effect until it is terminated or superseded by a New
Agreement or if neither of the foregoing events occur, as long as
you continue using the Site and connected services. In the event
that Kalton Beauty chooses to cease providing the Site and/or
connected services, or license to a third party the right to provide
the Site and connected services, Kalton Beauty shall use reasonable
commercial efforts to provide you prior notice, unless the
discontinuance arises from a matter that is beyond Kalton Beauty’s
control or causes the provision of such advance notice not to be
possible or 6 feasible. Neither the Sire and connected services nor
Kalton Beauty’s agreement to provide access to the Site and
connected services shall be considered a rental or lease of time on
the capacity of Kalton Beauty’s servers or other technology.
(b). Termination:
You may terminate this Agreement at any time by notifying Kalton
Beauty by email but the Dispute Resolution provisions of this
Agreement will survive termination and apply to all Disputes that
arose or could have been initiated prior to termination.
Kalton Beauty reserves the right to terminate this Agreement at any
time for any reason, or for no reason, with or without notice to
you. For purposes of explanation and not limitation, most Account
suspensions and terminations are the result of violations of this
Agreement. In case of minor violations of these rules, Kalton Beauty
may provide you with a prior warning and/or suspend your use of the
account due to your non-compliance prior to terminating the
Agreement or modifying or deleting an account.
In the event of a termination of this Agreement you agree and
acknowledge that you are not entitled to any refund for any amounts
which were pre-paid on your Account prior to any termination of this
Agreement. In addition, you will not be able to use the Site or
connected services. The Dispute Resolution provisions of this
Agreement will survive termination and apply to all Disputes that
arose or could have been initiated prior to termination.
15. Warranty. To the fullest extent allowable by applicable law, the Site and connected services, and accounts are provided on As-Is and As Available basis, without warranty of any kind either express or implied, including without limitation to any implied warranties of condition, uninterrupted or error-free usage, merchantability, fitness for a particular purpose, noninfringement, title, and those arising from course of dealing or usage of trade. The entire risk arising out of use or performance of the Site and the connected service remains with the user.
16. Dispute Resolution
This section may significantly affect your rights, including the
right to file a lawsuit in court or to pursue claims in a class or
representative capacity. Read this section thoroughly.
(a).Binding Arbitration and Class Action Waiver If You Live In The
United States:
In the event of an unresolvable dispute you and we agree to binding
individual arbitration before the American Arbitration Association
("AAA") under the Federal Arbitration Act (“FAA”), and not to sue in
court in front of a judge or jury. Instead, a neutral arbitrator
will decide and the arbitrator’s decision will be final except for a
limited right of review under the FAA. To the fullest extent
permitted by law, class action lawsuits, class-wide arbitrations,
private attorney- general actions, requests for public injunctions,
and any other proceeding or request for relief where someone acts in
a representative capacity are not allowed. Nor is combining
individual proceedings without the consent of all parties.
17. General.
(a). You understand and agree that the Site and connected services
may not be used, accessed, downloaded, or otherwise exported,
reexported, or transferred in contravention of applicable export
control, economic sanctions, and import laws and regulations,
including, but not limited to, the U.S. Export Administration
Regulations (“EAR”) and regulations promulgated by the U.S.
Department of the Treasury’s Office of Foreign Assets Control
(“OFAC”). You represent and warrant that you (1) are not subject to
U.S. sanctions or export restrictions and otherwise are eligible to
utilize the Site under applicable laws and regulations; (2) are not
located or ordinarily resident in a country or region subject to
comprehensive or near-comprehensive U.S. sanctions/embargo, unless
your use of the Site in such country or region is authorized by U.S.
law; (3) are not an official, employee, agent, or contractor of, or
directly or indirectly acting or purporting to act for or on behalf
of, a government (including any political subdivision, agency, or
instrumentality thereof or any person directly or indirectly owned
or controlled by the foregoing) or political party (e.g., Cuban
Communist Party, Workers’ Party of Korea) subject to U.S.
sanctions/embargo or any other entity in a sanctioned/embargoed
country or region or subject to U.S. sanctions/embargo; and (4) will
not use the Site in connection with an end-use prohibited by U.S.
law.
(b). Kalton Beauty may assign this Agreement in whole or in part to
any person or entity at any time with or without your consent. You
may not assign this Agreement without Kalton Beauty’s prior written
consent. Your assignment of this Agreement without Kalton Beauty’s
prior written consent shall be void.
(c).
Kalton Beauty’s failure to enforce a provision of this Agreement
shall not be construed as a waiver of such provision, or
diminishment of any right to enforce such provisions. Further,
Kalton Beauty may choose to waive enforcement of a provision of this
Agreement in a particular instance. However, you are still obligated
to comply with that waived provision in the future.
(d). Artificial Intelligence:
18. Liability Disclaimer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
KALTON BEAUTY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY
TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
KALTON BEAUTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE.
To the maximum extent permitted by law, this agreement is governed
by the laws of the State of Florida and you hereby consent to the
exclusive jurisdiction and venue of courts in Florida in all
disputes arising out of or relating to the use of the Site. Use of
the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without
limitation, this section.
19. Venture Disclaimer. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kalton Beauty as a result of this agreement or use of the Site. Kalton Beauty's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kalton Beauty's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kalton Beauty with respect to such use.
20. Severability. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
21. Integration. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kalton Beauty with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kalton Beauty with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.