Effective Date: November 1, 2017
This Agreement applies to all Site visitors and users of the Site or Charisma Lashes services. If you don’t agree with any term or condition in this Agreement, please don’t use the site or any Charisma Lashes service. If you have any questions, please refer to the Site’s FAQs. If you don’t find your answer there, email us using this link: email@example.com.
WELCOME TO CHARISMA LASHES!
Charisma Lashes operates an online beauty community on the Site and on social networking platforms controlled by Charisma Lashes such the Charisma Lashes Facebook page and the Charisma_Lashes Instagram board. Our community is a place for you to express your unique beauty.
If you register on CharismaLashes.com you join the “Lash List”. There is no payment required to join the Lash List. You are not required to use social media to join the Lash List. We hope you share your unique experience in the Charisma Lashes online community, but you are not required to do so.
Charisma Lashes offers its community two lash services: monthly membership and purchases of goods (collectively, the “Charisma Lashes services”).
Charisma Lashes provides a monthly membership program “The Lash List” that grants you access to high quality, 100% mink eyelash strips. To get started, simply enroll in our monthly membership program by registering and creating a member account through any of the Charisma Lashes services (the “Account”). After you have successfully created an account, you will have the option to select 3 sets of lashed from any of the lash styles featured and purchase those styles, completing the membership enrollment process. Your selections will be shipped to you every month unless you skip the month or cancel your membership. The styles you have selected will be the styles that are shipped to you unless you change your selections in your online account prior to shipment.
We attempt to customize your monthly membership based on your profile selections but we make no guarantee that you will receive a particular product. We may choose to provide a like or similar product based on your profile, your product reviews, and other feedback you choose to provide to us. This may be necessary from time to time if product becomes unavailable prior to monthly fulfillment. There may be a waitlist to receive your first monthly membership order. You will not be billed until you are taken off the waitlist and a monthly order is being prepared for you. You can read more about the waitlist below.
By purchasing a monthly membership, you agree to an initial and recurring monthly membership fee at the then-current monthly subscription rate, and you accept responsibility for all recurring charges until you cancel your membership. You may cancel your membership at any time, subject to the terms of our cancellation policy. Upon enrollment in the monthly membership, you will receive three sets of lashes every month. You must log in to your account and select ‘Skip the month’ option before your recurring billing cycle begins.
If you do not ‘Skip the month’ your credit card will be charged an automatic monthly membership fee and your precious selection of lashes will be shipped out to you. You may ‘Skip the month’ as many months as you like, there is no obligation to buy. Even if you decide to ‘Skip’ any month, you may return to your account at any time to make a purchase. If you elect to 'Skip the month' your membership status will be inactive for that billing cycle and any purchases made will be at full cost and the 10% membership discount will not be applicable. Once your membership is reactivated by making lash selections for the next billing cycle, the 10% discount for additional product will be reinstated.
Automatic Monthly Renewal Terms: Once you subscribe and are off the waitlist, Charisma Lashes will automatically process your Monthly Membership fee in the next billing cycle. Charisma Lashes will continue to automatically process your Monthly Membership fee each month at the then-current Monthly Membership rate, until you cancel your membership. We explain how to cancel your Monthly Membership below at the Section “Cancellation Policy”.
You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience. As a valued Charisma Lashes member you will enjoy member-only pricing and dedicated promotions including 10% off all accessories while your membership is active.
Waitlist: Our products are in high demand so you may be placed on a waitlist when you first subscribe to the membership program. We try to convert members from the waitlist into active members as quickly as possible, but the timing depends on a number of important factors including our ability to find and source the best and highest-quality products that successfully meet the personal interests and needs identified in new member’s account. We never want to compromise the caliber or experience of the Monthly Membership program.
If you cancel your membership you can re-subscribe at any time, subject to the waitlist.
PURCHASES AND PAYMENT
Charges will appear on your billing statement as T&C's RYLTYIN*CharismaLashe
By placing an order for any goods on the Charisma Lashes website the Customer is offering to make the purchase on and subject to these Terms. Each order the Customer places will be a separate and binding agreement between you and Charisma Lashes with respect to the supply of the goods in accordance with these terms.
You must provide Charisma Lashes with complete and accurate details when making a purchase. You represent and warrant to Charisma Lashes that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize Charisma Lashes to use any updated credit card information submitted by your credit card company directly to Charisma Lashes. If you dispute any charges, you must inform Charisma Lashes within thirty (30) days upon receipt of Charisma Lashes' invoice. Charisma Lashes is not liable if we are given an incorrect delivery address at the time of the purchase. Any additional expenses in correcting the order are the responsibility of the Customer. Once the parcel leaves the fulfillment center, Charisma Lashes is not liable for any errors made by a third-party carrier company.
Orders are processed on business days (Monday through Friday) excluding public holidays in the United States. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are intended as an estimate only and are subject to delays.
CANCELLATIONS, RETURNS, OR EXCHANGES. Not happy? You may cancel your Charisma Lashes membership at any time by contacting one of our customer services representatives at firstname.lastname@example.org.
Return Policy. We understand mistakes happen. That’s why we gladly refund your purchase for unopened and unused products only. Just pay the $6.95 return shipping and we will refund your purchase within 3-5 business days after we receive the product.
Members don’t pay return shipping. Another perk of being a Charisma Lashes member!
Exchanges. Chances are we change our minds as often as you do. You can exchange your purchase as long as the original product is unopened and unused. Pay the $6.95 return shipping and we will send you out your new selection as soon as we receive the original product.
Of course, Charisma Lashes members don’t have to pay the $6.95 for return shipping because our members always receive free shipping.
For Canada, AK, HI, APO/FPO Addresses, and U.S. Territories:
At this time, we cannot provide return shipping labels to orders delivered outside the contiguous United States and Canada or to APO/FPO addresses, and recommend using a local shipping carrier. For exchanges, an $11.95 per order shipping and handling fee applies to exchanges sent to addresses in Hawaii and Alaska. Shipping on exchanges to Canada are subject to a $6.95 charge per order, and APO/FPO and U.S. territories changes will be charged $14.95 per order for shipping. Please prepare a package with a packing slip stating what you would like for your return. Ship the package to our Returns Department.
When you use any Charisma Lashes Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Charisma Lashes Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CHARISMA LASHES LIMITATION OF LIABILITY
CHARISMA LASHES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH MEMBERSHIP CREDIT OR GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
Charisma Lashes Member Shipping
All member orders shipped to addresses within the contiguous United States qualify for free standard ground shipping. Member orders shipped to APO/FPO addresses, Alaska, Hawaii or US territories receive a $5 discount on standard ground shipping charges. Excluding certain promotions.
Within the 48 Contiguous Unites States:
Non Charisma Lashes clients enjoy free ground shipping on orders of $50 or more, not including shipping costs and taxes, within the contiguous United States. For all orders totaling less than $50.00 not including shipping costs and taxes, and shipped to an address within the contiguous United States, a flat-rate shipping charge of $6.95 will be applied, and estimated shipping time is 4-7 business days.
Express shipping within the 48 Contiguous United States:
For your convenience, we also offer Express delivery, which costs $17.95 per order . Estimated shipping time is 1-2 business days. We make every effort to ship all Express Pink orders placed before 11:00 a.m. (PST), Monday through Friday, on the same day. All Express Pink orders placed after 11:00 a.m. (PST), Monday through Friday, will be shipped out on the next business day. Occasionally, there may be delays due to peak shipping periods, but we'll try our best to get your orders out as soon as possible.
Shipping to Alaska, Hawaii, APO / FPO addresses, and US territories:
Shipping to APO/FPO addresses and US territories is available for $14.95 per order, and estimated shipping time is up to 30 business days. Shipping to Alaska and Hawaii is available for $11.95 per order. Estimated shipping time is 9-11 business days. We currently do not offer express or ground shipping to these destinations.
Shipping to Canada:
Shipping to Canada is available for $6.95 per order , and estimated shipping time is 6-10 business days. There may be delays due to unforeseen circumstances or customs. If you haven't received your order after 4 weeks, please contact a customer service representative email@example.com for assistance. We currently do not offer express or ground shipping. The customer is responsible for any duties or taxes on the value of the goods purchased, which may be imposed by the Canadian government.
Please see the chart below which summarizes Charisma Lashes’ shipping rates:
Standard Shipping *
RISK OF LOSS/TITLE
The risk of loss and title for products purchased on the Site or through the Charisma Lashes Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. Charisma Lashes does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Charisma Lashes does not take title to the refunded item.
Charisma Lashes is required by law to collect sales tax on orders shipped to California and Kentucky. If your order is shipping to these states, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. Charisma Lashes reserves the right to collect sales tax in any other jurisdictions if Charisma Lashes believes that such collection is required by law.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Charisma Lashes Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. Charisma Lashes shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Charisma Lashes Services is in compliance with these Terms of Service. You further acknowledge and accept that Charisma Lashes shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Charisma Lashes Services, which is defined as a matching and current member sign-in and user password. You shall notify Charisma Lashes immediately of any unauthorized access to your Account or any other unauthorized use of any Charisma Lashes Services.
You agree that Charisma Lashes may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Charisma Lashes believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in Charisma Lashes’ sole discretion and that Charisma Lashes shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
Any and all Charisma Lashes Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to Charisma Lashes, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. Charisma Lashes specifically prohibits any use of the Charisma Lashes Service, and requires all users to agree not to use the Charisma Lashes Services, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Creating multiple accounts for the same user;
- Accessing data not intended for you or logging on to a Charisma Lashes server or account, which you are not authorized to access;
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
- Attempting to interfere in any way with this Site's network security, or attempting to use this Site's service to gain unauthorized access to any other computer system;
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of this Site, Charisma Lashes’ provision of services to any other visitors to this Site, Charisma Lashes hosting provider or Charisma Lashes networks, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "mail bombing" or "crashing" this Site;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, "User Content") that you submit or post through any Charisma Lashes Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Charisma Lashes and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub licensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. Charisma Lashes will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Charisma Lashes shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Charisma Lashes retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
If you utilize your Facebook account to access and use the social features available through the Charisma Lashes Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that Charisma Lashes is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the Charisma Lashes Services and its social features, you agree to respect other users of the Charisma Lashes Services in your interactions with them. Charisma Lashes reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Charisma Lashes and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Charisma Lashes reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Charisma Lashes has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Charisma Lashes cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Charisma Lashes is not responsible for typographical errors regarding price or any other matter.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any Charisma Lashes Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Charisma Lashes and all rights thereto are specifically reserved. As between you and Charisma Lashes, (or any other company whose marks appear on any of the Charisma Lashes Services), Charisma Lashes (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the Charisma Lashes Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The Charisma Lashes logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Charisma Lashes Intellectual Property") are owned by Charisma Lashes and may be registered in the United States and internationally. You agree not to display or use the Charisma Lashes Intellectual Property in any manner without Charisma Lashes’ prior written permission. Nothing contained on this Site or in any of the Charisma Lashes Services should be construed to grant any license or right to use any Charisma Lashes Intellectual Property without the prior written consent of Charisma Lashes.
Except as otherwise provided herein, use of the Charisma Lashes Services does not grant you a license to any materials, content or features you may access on this Site or via the Charisma Lashes Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Charisma Lashes Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by Charisma Lashes. If you make use of the Charisma Lashes Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Charisma Lashes Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
DISCLAIMERS AND LIMITATION OF LIABILITY
Charisma Lashes publishes information within the Charisma Lashes Services as a convenience to its visitors. While Charisma Lashes attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Charisma Lashes Services at any time without notice. The Charisma Lashes products described in the Charisma Lashes Services may not be available in your region. Charisma Lashes does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Charisma Lashes Services will be available for purchase in all jurisdictions.
YOUR USE OF THE CHARISMA LASHES SERVICES ARE AT YOUR SOLE RISK. THE CHARISMA LASHES SERVICES AND THE PRODUCTS OFFERED THROUGH THE CHARISMA LASHES SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHARISMA LASHES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CHARISMA LASHES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE CHARISMA LASHES SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE CHARISMA LASHES SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
CHARISMA LASHES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CHARISMA LASHES SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CHARISMA LASHES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF CHARISMA LASHES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CHARISMA LASHES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CHARISMA LASHES SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. CHARISMA LASHES SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CHARISMA LASHES SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE CHARISMA LASHES SERVICES. IF A PRODUCT OFFERED THROUGH THE CHARISMA LASHES SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.
Charisma Lashes makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the Charisma Lashes Services. Hyperlinks are included solely for your convenience, and Charisma Lashes makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. Charisma Lashes does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the Charisma Lashes Services.
INDEMNITY AND RELEASE
You agree to indemnify and hold Charisma Lashes and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Charisma Lashes Services by you or any other person accessing the Charisma Lashes Services using your Account; (b) the use of, or connection to, the Charisma Lashes Services by you or any other person accessing this Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.
Use of the Charisma Lashes Services, membership in the Charisma Lashes Membership Program, any purchases made through the Charisma Lashes Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Charisma Lashes Services, your membership in or purchases through the Charisma Lashes Services, Charisma Lashes Membership Program and/or your Account, or products purchased through the Charisma Lashes Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to Charisma Lashes or the Charisma Lashes Services must be commenced within one (1) year after the claim or cause of action arose.
Class Action Waiver:
Both you and Charisma Lashes waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Charisma Lashes Services, your membership in or purchases through the Charisma Lashes VIP Membership Program and/or your Account, or products purchased through the Charisma Lashes Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, is generally referred to herein as "the class action waiver.")
Jurisdiction and venue for any dispute shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
Agreement to Pre-Arbitration Notification:
Except to the limited extent noted below, use of the Charisma Lashes Services, membership in the Charisma Lashes VIP Membership Program, any purchases made through the Charisma Lashes Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Charisma Lashes Services, your membership in or purchases through the Charisma Lashes VIP Membership Program, or products purchased through the Charisma Lashes Services shall be resolved by final and binding arbitration between you and Charisma Lashes.
The arbitration shall take place in Los Angeles County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration.
If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, Charisma Lashes will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, Charisma Lashes will also reimburse you for the $125 base filing fee.
If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of Charisma Lashes’ last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then Charisma Lashes will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and Charisma Lashes waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
Opting out of Dispute Resolution and Class Action Waiver:
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of setting up your Account, you must send a letter to Charisma Lashes.com, Inc., c/o Legal Department, 13918 E Mississippi Ave #234, Aurora, CO 80014 that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if Charisma Lashes makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Charisma Lashes’ address), you may reject any such change by sending a letter to Charisma Lashes within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
Notice for California Users:
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information Charisma Lashes shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: General Counsel, 800 Apollo Street, El Segundo, CA, 90245. In your request, please specify that you want a "Your Charisma Lashes California Privacy Rights Notice". Please allow 30 days for a response.
These Terms of Service constitute the entire agreement between you and Charisma Lashes and govern your use of the Charisma Lashes Services, and they supersede any prior agreements between you and Charisma Lashes. You also may be subject to additional terms and conditions that are applicable to certain parts of the Charisma Lashes Services. Charisma Lashes may terminate this Agreement and deny you access to the Charisma Lashes Services at any time, immediately and without notice, if in Charisma Lashes’ sole discretion you fail to comply with any provision of these Terms of Service.
You agree that no joint venture, partnership, employment, or agency relationship exists between Charisma Lashes and you as a result of this Agreement or your use of the Charisma Lashes Services.
The failure of Charisma Lashes to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without Charisma Lashes’ express written consent. The Terms inure to the benefit of Charisma Lashes’ successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.