Terms of Service
KY Beauty and Wellness.com Terms & Conditions
KYBEAUTYANDWELLNESS.COM TERMS OF SERVICE
Effective Date: June 1, 2018
IMPORTANT! THESE TERMS OF SERVICE GOVERN YOUR USAGE OF THIS SITE, WHICH IS PROVIDED BY KY BEAUTY AND WELLNESS. (referred to as “US,” “WE,” or “OUR” below). BY ACCESSING THIS SITE, YOU ARE REPRESENTING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE. THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY US AT ANY TIME IN ITS OPTION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE EXECUTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF SERVICE REGULARLY.
Charges to your credit card will appear as “KY Beauty and Wellness.” We gladly accept Visa, Mastercard, American Express and Discover.
Please see our return policy for specifics about returns and refunds.
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO ACCESS THIS WEBSITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT ALLOWED TO ACCESS THIS SITE FOR ANY REASON AND YOU MUST EXIT THIS SITE IMMEDIATELY. ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS WEBSITE FOR YOU.
YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN TO BUY OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO IDENTIFY WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.
To access this website or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you supply on this site will be your correct, current, and complete information. If our Company believes the information you provide is incorrect, not current, or incomplete or is an impersonation of someone else, we have the right to refuse you access to this site or any of its resources, to terminate or suspend your access at any time, and delete any comments you have posted, all without prior notice.
IF YOU ARE NOT WILLING TO HONOR THESE TERMS OF SERVICE, INCLUDING ALL LIMITATIONS CONTAINED HEREIN, YOU MAY NOT ACCESS OR USE THIS SITE. Your use of this site, purchase or use of any of our products establishes your agreement to these Terms of Service.
License to Use the Site
Subject to your agreement with these Terms of Service, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Content on this site. This license does not allow you to resell or make any commercial use of the site, its Contents or our products sold through the website; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data assembly and/or extraction tools. All rights not explicitly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rights-holders, or other content providers. No Content on, or product sold through, this website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products, testimonials, or Content. You may use our site only as allowed by law and these Terms of Service. The licenses we have granted you cease if you do not comply with these Terms of Service.
Restrictions On Use
You may only use this site for the purposes expressly permitted by this site. You may not use this website for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, (ii) frame or use framing techniques to enclose any of our or our Content owner’s trademarks, logos, or other proprietary information (including images, text, page layout, or form), (iii) hyperlink to this site, or (iv) use any meta tags or any other “hidden text” using our name or trademarks without the express prior written permission of one of our authorized employees. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that connects our product with someone other than us or that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking to terminate immediately.
No content from this site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
The material and content (referred to as the “Content” below) accessible from this site, and any other World Wide Web site owned, operated, licensed, or managed by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your own personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content or throughout the website. Modification or use of the Content except as explicitly provided in these Terms of Service violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content because of access to this site.
This website may be hyperlinked to other sites which are not maintained by, or related to, us. Hyperlinks to such sites are provided as a provision to our users and are not sponsored by or affiliated with this site or with us. We have not reviewed these sites and are not responsible for the content of those sites. Hyperlinks are to be accessed at your own peril, and we make no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the insertion of any hyperlink to a third-party site does not necessarily imply that we endorse that site.
Any statements or testimonials on this site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). None of the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not proposed to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are intended for educational purposes only and are not designed to be a substitute for informed medical advice or care. This information should not be used to identify, detect, diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we advocate consulting with a physician before using any of our products.
You understand that we cannot and do not guarantee or warrant that files accessible for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for employing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means outside to this site for the reconstruction of any lost data. We do not accept any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, studies or notices we have provided. Investors, borrowers, and other persons should use the Content in the same means as any other educational medium and should not rely on the Content to the exclusion of their own judgment. Data obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We make no warranty, express or implied, that the website or any services, products, or information found on or through the site will meet your requirements or will be uninterrupted, timely, secure, or error free, that defects will be corrected, or that this site or the server that makes it accessible are free of viruses or other harmful components. We do not warrant or make any representation concerning use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. The Content may or may not include technical inaccuracies or typographical errors, and we may or may not make changes or improvements at any time. YOU, AND NOT US, ACCEPT THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS, FAULTS, OR OMISSIONS IN THE CONTENT. All the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and we do not undertake any responsibility to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
By logging in on this site as an KY Beauty and Wellness client, you hereby authorize the sharing of your product purchasing history with KY Beauty and Wellness for the purpose of greater client assistance and statistical analysis.
Limitation on Liability
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (IRRESPECTIVE OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR COSTS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AND/OR PRIVILEGES.
You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms of Service by you, including any use of Content other than as explicitly authorized in these Terms of Service. You agree that the Indemnified Parties will have no liability relating to any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in assembly therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the data accessed from this site.
Trademarks and Copyrights
Trademarks, service marks, logos, graphics, images, HTML, CSS, modules, codes, multimedia clips, Java codes, button icons, banners and software appearing in this website are our property or the property of the party that provided the trademarks, service marks, logos or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos, graphics, images, codes and copyrighted material appearing in this website. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages, ridicules, or discredits us.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your copyrighted work has been used or exhibited on our website in a way that constitutes copyright infringement, please report the alleged breaches by completing the following steps and by notifying our Selected Agent listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Selected Agent.
The Notification of Claimed Infringement must include the following:
1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work (or works) that you claim has been infringed;
3. A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
4. A clear description of where the infringing material is located on our site, including as applicable its URL, so that we can locate the material;
5. Your contact information, including your name, address, telephone number, and e-mail address;
6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent selected to receive claims of copyright or other intellectual property infringement may be contacted as follows:
11907 Lilac Way
Louisville, KY 40243
Information You May Not Post, Publish, etc.
You may not post, send, submit, publish, issue, distribute, or transmit regarding this site any material that:
• you do not have the legal right to post, including proprietary material of any third party;
• advocates illegal activity or discusses intention to commit an illegal act;
• is vulgar, obscene, pornographic, offensive, or indecent;
• does not relate directly to this site;
• threatens or abuses others, libels, defames, slanders, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm any person by revealing to them to inappropriate content, asking for personally identifiable details or otherwise;
• infringes any intellectual property or possessions or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be thought to violate any law;
• imitates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
• solicits funds, advertisers, promoters, or sponsors;
• includes programs or code which contain viruses, worms and/or Trojan horses or any other computer code, files, executables or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts, disturbs, or interrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
• comprises of MP3 format files;
• amounts to a ‘pyramid’ or similar structure;
• defies any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
• contains hyperlinks to other sites that contain content that falls within the descriptions set forth prior.
Although under no obligation to do so, we reserve the right to screen this site to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you are solely responsible for the content of your Submissions. You acknowledge and agree that neither we nor any third party that provides Content to us will accept or have any liability for any action or inaction by us or such third party with respect to any Submission.
Any passwords used for this website are for single person use only. You will be responsible for the security of your password (if any) and you agree to accept responsibility for all actions that occur under your account or password. We have the right to screen your password and, at our discretion, require you to change it. If you use a password that we deem insecure, we will have the right to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided relating to this site to compromise security or tamper with system resources and/or accounts. The use or circulation of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to system managers at other sites to assist them in resolving security incidents. We reserve the right to examine suspected violations of these Terms of Service, and we reserve the right to fully collaborate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any Content that is believed to violate these Terms of Service.
BY ACCEPTING THESE TERMS OF SERVICE YOU WAIVE AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION ENGAGED BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR OTHERS, INCLUDING LAW ENFORCEMENT AUTHORITIES.
U.S. Law Applies
This site is intended for customers located in the United States. It is up to you to figure out whether accessing this site and purchasing our products are legal where you are. You access this site and buy our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.
How To Contact Us
If you have questions or concerns about these Terms of Service, the practices of this site, or if you are interested in reprinting any of the Content of this site, please contact us at:
KY Beauty and Wellness
11907 Lilac Way
Louisville, KY 40243
SECTION 1 – AGE RESTRICTIONS REGARDING ACCESS AND PURCHASES
You must be at least 18 years old or older to access this site. If you are under the age of 18 you are not permitted to use this site for any reason. You must be of legal age required by the state or province you are in to purchase any of our products. It is your responsibility to know whether you are legally able to purchase products on our site.
SECTION 2 – WHAT INFORMATION DO WE GATHER AND WHAT DO WE DO WITH IT?
When you visit our website, some information is automatically collected. This may include information such as the Operating System (OS) running on your device, Internet Protocol (IP) address (which may be used to obtain your geolocation), access times, browser type, and language, and the website you visited prior to visiting our site. We also gather information about how you use our site, including the elements you have interacted with, metadata and other details about these elements, change states and other user actions.
Email marketing: By providing us with your email address, you are giving us authorization to send you emails about our store, new products and other updates. You have the chance to unsubscribe from these emails at any time by clicking the “Unsubscribe” button included at the bottom of each email.
How we use your information: We use the information we collect primarily to provide, maintain, protect and improve our current site and products, and to develop new products. We use personal information gathered through our site as described below and described elsewhere in this Policy to:
• Enable the creation of and securing of your Account on our network;
• Classify you as a user in our system;
• Improve our products, site, and how we run our business;
• Understand and improve your experience using our site and products;
• Provide and distribute the products and services you request;
• Respond to your feedback and for our Support team to provide service;
• Send you related information, including authorizations, invoices, technical notices, updates, security alerts and support and administrative messages;
• Communicate with you about promotions, upcoming events and news about products and services presented by KY Beauty and Wellness and our selected partners, and for other marketing purposes of KY Beauty and Wellness;
• Link or combine your information with other information we get from third parties to help understand your needs and deliver better service; and
• Protect, investigate and deter against fraudulent, unauthorized, unlicensed, or illegal activity.
SECTION 3 – CONSENT
How do you get my consent?
By providing us with personal information to complete a transaction, placing an order, arranging for a delivery or returning a purchase you are consenting to our gathering and using your information (your credit card information is discussed in Section 4 below).
How do I withdraw my consent?
You may remove your consent for us to contact you by clicking the “Unsubscribe” button included at the bottom of each email or contacting us at firstname.lastname@example.org or mailing us at:
KY Beauty and Wellness
11907 Lilac Way
Louisville, KY 40243
SECTION 4 – DISCLOSURE
We do not share your personal information with third parties without your agreement other than with the following:
• Lawful Requests. To obey with laws or to respond to lawful requests and legal process (provided that we will endeavor to notify you at the address you have given us if we have received a lawful request for your information);
• Emergency. In an emergency, including to guard the personal safety of any person; and
• Corporate Restructuring. For the purposes of a business deal (or negotiation of a business deal) involving a sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture or dissolution transaction or proceeding). In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will also acquire and hold the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Policy.
SECTION 5 – PAYMENT PROCESSING
Our store is built on an e-commerce software platform called Square that allows us to sell our products and services to you.
Payment: If you provide us with your credit card information during the order and payment process, we send it to our PCI-DSS compliant payment gateway for processing using SSL encryption technology. Your credit card information is never kept for use beyond your current transaction. All direct payment gateways obey the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help certify the secure handling of credit card information by our store and our payment processors and service providers.
SECTION 6 – THIRD-PARTY SERVICES
Our Policy does not cover any third-party services. To learn about those third parties’ privacy practices, please read their individual privacy policies.
Links: When you click on hyperlinks on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their individual privacy policies.
SECTION 7 – SECURITY
To protect your personal information, we take reasonable defenses and follow generally accepted industry practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Your personal information is protected by your password – do not ever share this password with anyone. KY Beauty and Wellness will never contact you to ask you for your password.
If you provide us with your credit card credentials, the information is transmitted to our server using secure socket layer technology (SSL) which employs the AES-256 encryption standard.
SECTION 8 – AGE OF CONSENT
By using this site, you acknowledge that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you consent to any of your minor dependents using this site.
SECTION 9 – U.S. LAW APPLIES
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have regarding you (other than that information automatically generated by your use of our site), register a complaint, or simply want more information, contact our customer service team at email@example.com by mail at:
KY Beauty and Wellness
11907 Lilac Way
Louisville, KY 40243