Every product you buy from BeautiControl is guaranteed for purity and quality, but all color choices are final.
If you need to exchange a product, you may do so within 30 days of the invoice date.
If you need to return a product for refund, you may do so within 30 days of the invoice date.
If you are seeking a refund on an item that is part of a set, then you must return the entire set.
You may contact Premier Products customer service at 1-800-872-5520 or, email firstname.lastname@example.org
Additionally, you will need to pay the shipping, and mail the product, the invoice, the reason for return, and the shipping receipt to the following address:
20 Melford Drive,
Unit 13 & 14,
Scarborough, Ontario M1B 2X6
If you seek to return or exchange products ordered directly from your independent BeautiControl Consultant, then please contact that consult directly.
BeautiControl, Inc. (the “Corporation”) collects limited personally identifiable information and non- personally identifiable information from you (“User Information”) to allow you to get the optimal benefit of our content as described in the “How We Use Your User Information” section below. We will not sell your personally identifiable information. We will not intentionally share your information with anyone you do not authorize us to and we will only share the information we collect from you as described in the section below entitled “How We Share Your User Information.”
Information We Collect About You
The Corporation provides you with the ability to view and share educational content, create and view communications among users, and share your completed course and related information to users and third parties. In order to facilitate these processes, the Corporation may collect the following information from you when you use the Sites:
(1) Personally identifiable information, which is information that specifically identifies you. The personally identifiable information we collect includes your name, email address, age range, employment status, affiliations, and country of residence. For example, when you sign up for updates from the Corporation, we collect your email address, first name, and last name; when you create an account to participate in our Forums, we collect your first name, last name, and your country of residence. We may also collect your name and email address if you submit information to us. Certain information, including your age range, employment status, affiliations, and your reasons for using the Sites, will only be collected if you choose to provide it to us. Additionally, when you use Facebook toaccess and interact with the Sites, we may collect Facebook information you have made visible to “Everyone” on Facebook as well as the information Facebook designates as your publicly available information. Finally, we may collect certain information from you when you make a donation, including your first name, last name, e-mail address, billing information, telephone number and mailing address.
(2) Non-personally identifiable information, such as your IP address, or data that is collected via cookies, web beacons, or other technical mechanisms. This informationPage 1 of 7 does not identify you personally, but it may provide us with information about your interests and the web sites, products, or services that you view. For example, we automatically collect certain information related to how you use our services, such as the number of times you attempt and/or complete an exam or quiz. We may also tie this non-personally identifiable information with personally identifiable information in order to provide you with better services, help authenticate you or other data or information you may provide, and prevent fraud. Please note that we also consider aggregated information, which is not personally identifiable, to be non-personally identifiable information.
(3) Cookies and Web Beacons. A cookie is a small amount of data which is sent to your browser from a web site's computer and stored on your computer's hard drive. A web beacon is an electronic image, also called a “gif,” that may be in the form of a “png” image, as well as iframe, script, input link, embed, object, and other tags to track usage.These web beacons may be used on our web pages to deliver cookies, count visits and compile statistics on usage and effectiveness of our Sites. You may use your browser settings to adjust your cookie settings, but doing so may impact your experience with the Sites.
The above list provides an example of the information that we may collect through the Sites. From time to time, we may collect information from you in other ways that are not described above. If you do not want us to collect such information from you, please do not use our Sites.
How We Use Your User Information
The Corporation will use your User Information primarily for the following purposes:
- to deliver services, such as educational programs, information, or newsletters, including to help us make decisions about courses to offer, or to guide decisions for entering into strategic partnerships;
- to alert you to special offers, updated information and other new services or to forward promotional materials;
- to fulfill the terms of a promotion;
- to ensure the Sites are relevant to your needs;
- to provide technical support and to respond to your inquiries;
- to communicate about new features;
- to prevent fraud or potentially illegal activities;
- to contact you in response to inquiry forms (e.g., Contact forms);
- to solicit your feedback to improve your user experience;
- to facilitate and administer the services that we offer on the Sites; and
- to communicate information regarding your account, your student transcript, and otherinformation related to your interaction with the courseware.
We will not sell your personally identifiable User Information to anyone. You may choose to not receive communications from us about new features or promotions by opting out of such communications.
How We Share Your User Information
In general, it is not the Corporation’s practice to disclose personally identifiable information to third parties. However, we may share your User Information in the following cases:
- With Your Consent: We may share your User Information with other third parties with your consent.
- To Fulfill a Service to You: If you choose to use the educational content on our Sites, we may share your personally identifiable information in order to provide the content and related services to you. In addition, if you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personally identifiable information in order to fulfill the terms of that promotion, including by sharing the information with promotion co-sponsors, for prize fulfillment purposes, or with mail carriers.
- With Affiliates and Other Partners: As we seek to improve the Sites and develop new content for you to use, we may share your User Information with Corporation partners, affiliates, or other collaborators to help ensure that the services we provide on the Sites meet the needs and interests of our users.
- For Maintenance and Administrative Services: We may share your User Information with unaffiliated third-party service providers, agents or independent contractors who help us maintain our Sites and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on the Corporation’s behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personally identifiable information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third- party service providers that help us administer our Sites will have access to users’personally identifiable information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personally identifiable information to us.
- To Conduct Research: We may share your User Information with other third parties for the purposes of conducting research and analyzing user data. Generally, the type of information that we will share will consist of aggregate, non-personally identifiable information, but from time to time may also include personally identifiable information.
- As Required by Law: We may disclose any User Information we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request.
- To Prevent Harm or Loss: We may disclose User Information when, in our sole discretion, we believe, disclosure is necessary or appropriate to prevent physical harm, fraud, or financial loss or in connection with suspected or actual illegal activity.
- To Process Donations or Complete a Purchase: The Corporation processes your donations and purchases through a third-party vendor and we may share certain information with the vendor in order to process your donations and purchases, and to prevent fraud.
- Mergers and Acquisitions: We may share the information we have collected about youthrough the Sites in the event that all or part of our assets are sold or acquired by another party, or in the event of any other type of corporate reorganization.
Limiting Use, Disclosure and Retention
We will not use or disclose your User Information other than for the purposes for which it was collected without your consent or as permitted or required by law. We keep your User Information only as long as it is required for the reasons it was collected. When your User Information is no longer required for our purposes, procedures are in place to destroy, delete, erase or convert it into an anonymous form.
The Sites are not designed or intended for children under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18. In the event we learn that such information has been provided through the Sites, we will delete or destroy it. If you're under 18, you may use our Sites only with the involvement of a parent or guardian.
Accessing Your User Information
We provide you with an opportunity to access your personally identifiable information to ensure it is correct, accurate and current. To edit, modify, or delete your personally identifiable information, please contact our Chief Privacy Officer who is accountable for compliance with our privacy policies by email at Chief_Privacy_Officer@Beauticontrol.com or telephone at 972.458.0601. You also may write to us at BeautiControl, Inc., ATTN: Chief Privacy Officer, 2121 Midway Road, Carrollton, TX 75006.
Canada Anti-Spam Law
Where appropriate, we may seek your consent to send you commercial electronic messages. We will describe the purposes for your consent when seeking such consent. Such consent is sought by us at the contact information set out below. You can withdraw your consent at any time. You will be able to unsubscribe from these commercial electronic messages at any time by following the instructions in the message to unsubscribe, or by contacting us at the contact information below.
Forums, Chat Rooms, Blogs, and Other Public Posting Areas
Please note that any information you include in a message you post to any chat room, forum, blog, or other public posting area is available to anyone with Internet access. If you don’t want people to know your e-mail address, for example, don’t include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS, BLOGS, AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS, BLOGS, AND OTHER PUBLIC POSTING AREAS.
Please note that our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal or non- personally identifiable information.
Third Party Advertisers
We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on the Sites. Please be advised that such advertising companies may gather non-personal information about your visit to the Sites or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please click here. PLEASE NOTE THAT THISPOLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.
In the event that all or part of our assets are sold or acquired by another party, or in the event of any other type of corporate reorganization, you grant us the right to assign the information we have collected about you through the Sites.
International Transfer of Information
If you choose to provide us with personally identifiable information, the Corporation may transfer that information to affiliates, partners, or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personally identifiable information to the United States which does not have the same data protection lawsas the EU and by providing your personally identifiable information you consent to:
- the transfer of your personally identifiable information to the United States as indicated above.
How to Contact Us
Table of Contents
- Your Agreement to the Terms.
- Changes to the Terms.
- Provision of the Websites and Services.
- Location of the Websites and Services.
- User Conduct.
- Terms Relating to Content on the Websites and Services.
- Third Party Websites and Content; Links.
- Participating in Our Community: Registered Users.
- Disclaimer of Warranties.
- Limitation of Liability.
- Copyright Complaints.
- Termination of this Agreement.
- Choice of Law & Arbitration
- Miscellaneous Terms.
2. Your Agreement to the Terms. Your access or use in any way of any Corporation controlled Website or Service, including, but not limited to, our “ePortfolio” and discussion forums, signifies that you have read, understand and agree to be bound by these Terms. By accessing or using any Corporation controlled Website or Service you also represent that you￼have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.
3. Changes to the Terms. From time to time, the Corporation may change, remove, add to or otherwise modify the Terms, and reserves the right to do so at its discretion. In that case, we will post the updated Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately. Notwithstanding the foregoing, no modification to the Terms will apply to any dispute between you and the Corporation that arose prior to the effective date of any modification. Your continued use of any Corporation controlled Website or Service after new and/or revised Terms are effective signifies that you have read, understood and agreed to those Terms.
4. Provision of the Websites and Services. You may only use the Websites and Services in accordance with these Terms. In particular but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Terms, or any other conditions or notices that are made available on any Website or Service.
5. Location of the Websites and Services. The Websites and Services are controlled and offered by the Corporation from facilities in the United States of America. The Corporationmakes no representations that the Websites or Services are appropriate or available for use in other locations. If you are accessing or using any Website or Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Websites may contain or provide links to Content (as defined below) hosted on servers located outside of the United States of America.
6. User Conduct. Users agree not to use the Websites or Services, including but not limited to our “ePortfolio” and discussion forums, in the following manner:
- Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
- Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
- Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
- Intimidate or harass another user;
- Use or attempt to use another’s account, service, or personal information;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
- Attempt to gain unauthorized access to the Websites or Services, other accounts,computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conductedthrough the Websites or Services;
- Use any means to bypass or ignore any measures we use to restrict access or use ofthe Websites or Services;
- Impersonate another person or entity, or falsely state or otherwise misrepresentyour affiliation with a person or entity;
- Post or transmit any personally identifiable information about other persons;
- Engage in any other behavior that impairs the Corporation’s ability to provide theWebsite or Services or any user’s ability to fully utilize the Website or Services; and
- In addition, you may not (and may not authorize another party to): (i) frame orotherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish ordistribute the Website); or, (ii) use any Website or function, in any manner that could disable, overburden, damage or impair such Website or function, or interfere with any other party’s use and enjoyment of any Website or function.
7. Terms Relating to Content on the Websites and Services
- Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Websites and Services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You understand that by using the Websites and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is the Corporation liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services.
- Content You Provide. You may only submit Content to the Websites or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with these Terms. For the avoidance of doubt, Content that infringes the rights of any thirdparty (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Corporation controlled Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person. The Corporation may, but is not obligated to, review your submissions and may, without notice, delete, remove, modify, edit or condense any Content at its sole discretion that the Corporation determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. The Corporation does not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Websites or Services, and you authorize the Corporation to make copies of your Content as deemed necessary in order to facilitate the posting of your Content on the Websites or Services. You may request the removal of your Content from the Websites or Services at any time, and the Corporation will take reasonable steps to promptly remove such Content; provided, however, that the Corporation can remove any such Contentonly from its Websites and is not responsible for removing Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers. If you choose to remove your Content, the Corporation license you granted when submitting such Content will remain in full force and effect in accordance with its terms.
- Use of Content on the Website or Services. Names, phrases, words, titles, logos, icons, graphics, images and designs used on the Websites or Services are subject to intellectual property rights, including, without limitation, copyright and trademarks owned by or licensed to the Corporation, its affiliates or licensors, or other entities and individuals. The intellectual property on the Websites or Services is protected by Canadian and international trademark and other laws. Any use of the intellectual property without the express authorization of the owner is strictly prohibited. You may use the Content you find on the Websites or Services only in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content, except as explicitly authorized in or required by the terms of the Content license.
You represent and warrant to the Corporation that you will use any and all Content on our Websites or Services only in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do. By using the Websites or Services, you agree that you are
solely responsible for your use of any and all Content made available thereon.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Websites or Services without your own independent evaluation of that Content. The Corporation does not guarantee that all Content made available on the Websites or Services does not infringe the rights of any third party.
8. Third Party Websites and Content; Links. The Websites or Services may contain links to websites not controlled by the Corporation (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than the Corporation (“Third Party Content”). These links are provided for convenience only, and do not constitute or imply endorsement or recommendation of any such website, or any products or services available or advertised therein, by the Corporation. You acknowledge that the Corporation (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
9. Participating in Our Community: Registered Users. Registering for an account on any Corporation controlled Services, Websites, or webpage including, but not limited, our ePortfolio and discussion forums is void where prohibited. Only persons who are over the age of majority in their geographic jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but over 18 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (a) under the age of 18 or (b) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Terms.
Individuals that register for an account on any of the Websites or use the related Services are defined as “Registered Users.” By registering for an account or using the Services, you represent and warrant that you (a) are the age of majority in your jurisdiction or, (b) are over the age of 18 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Terms.
All services offered to Registered Users, including but not limited to the “ePortfolio,” are provided subject to these Terms. The Corporation reserves the right to modify or discontinue the accounts of users and related Services at any time. The Corporation disclaims any and all liability to users and third parties in the event the Corporation exercises its right to modify ordiscontinue user accounts or related Services.
10. Registration; Security. You agree to (a) provide accurate, current and complete information about yourself, if and as may be prompted by the registration process on any of the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to the Corporation, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that the Corporation has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.
In addition, the Corporation may, at any time: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change such Websites and Services and any applicable Terms and policies governing your user account and related Websites and Services for any reason; and (c) interrupt user accounts and related Websites and Services for any reason, all as the Corporation deems appropriate in its discretion. Your access to your account, and use of the related Websites and Services may be terminated by you or by the Corporation at any time and for any reason whatsoever, without notice.
In addition, the Corporation reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined bythe Corporation in its complete discretion.
11. Disclaimer of Warranties. To the fullest extent permitted by the applicable law, the Corporation offers its websites and services on an “as-is” and “as available” basis and makes no representations or warranties of any kind concerning the Websites or Services, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. The Corporation does not warrant that the functions or content contained in its Websites or accessed through its Services will be uninterrupted or error-free, that defects will be corrected, or that the Corporation servers are free of viruses or other harmful components. The Corporation does not warrant or make any representation regarding use or the result of the use of the content in terms of accuracy, reliability, or otherwise. You acknowledge, by your use of the Websites or Services that your use of the Websites or Services is at your sole risk.
12. Limitation of Liability. Except to the extent required by applicable law and then only to that extent, in no event will the Corporation, its employees, officers, directors, affiliates or agents (“The Corporation Parties”) be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that may arise in connection with the Corporation controlled Websites or Services (or the termination thereof for any reason), even if the Corporation Parties have been advised of the possibility of such damages. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
The Corporation Parties shall not be responsible or liable whatsoever in any manner for any content posted on the Websites or Services (including claims of infringement relating to content posted on the Websites or Services), for your use of the Websites or Services, or for the conduct of third parties whether on the Websites, in connection with the Services or otherwise relating to the Services.
15. Copyright Complaints. The Corporation respects the intellectual property rights ofothers, and we prohibit users of our Websites and Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine, in our sole discretion, to be intentional infringers of others’ copyrights. Content hosted on Third Party Websites is the responsibility of those Websites. If you are the copyright owner of Content hosted on a Third Party Website, and you have not authorized the use of your Content, please contact the administrator of the hosting Website directly to have the Content removed.
16. Termination of this Agreement. Your right to access and use the Websites and Services terminates automatically upon your breach of any of these Terms.
The Corporation may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Websites or Services, or any portion of the Websites or Services, for any reason; (b) modify or change the Websites or Services, or any portion of the Websites or Services, and any Terms and other policies governing the use of the Websites or Services, for any reason; (c) interrupt the operation of the Websites or Services, or any portion of the Websites or Services, for any reason, all as the Corporation deems appropriate in its sole discretion.
The disclaimer of warranties, arbitration, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination.
17. Choice of Law & Arbitration. These Terms are governed by and construed by the laws of the State of Texas, in the United States, exclusive of its choice of law rules. Further, except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of your use of the Website or Services or these Terms shall be submitted to the alternative dispute resolution service, JAMS, for binding arbitration under its rules then in effect in the Dallas, Texas area, without resort to any form of class action, and determined by one (1) arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the Website or Services, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and, by using the Website or Services waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of- pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or any rights and obligations arising from use of the Website or Services or these Terms, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than that of the State of Texas. Please note that this arbitration provision shall survive the termination of your relationship with us.
18. Miscellaneous Terms. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, fiduciary, or agency relationship exists between you and the Corporation as a result of these Terms, or your use of any of the Websites or Services. These Terms constitute the entire agreement between you and the Corporation relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by the Corporation from time to time) between you and the Corporation. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.
Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.