These Terms & Conditions (“Terms”) represent a legally binding agreement between you and Zaro Beauty, LLC (“Zaro Beauty”,” “we,” or “us”), and govern your use of and access to https://zaroaesthetics.com and any other websites, mobile and other applications, or services (each individually a “Site” and collectively, the “Sites”) that post or link to these Terms and the information, features, content, and services that we own, control, or make available through the Sites, whether as a guest or a registered user.
The Terms may be revised and updated by us from time to time without notice to you. All changes are effective immediately when we post them. Your continued use of the Sites is your acceptance of the revised and updated Terms.
The Service is offered and available to individuals who are 13 years of age or older. By using the Service, you represent and warrant that you are 13 years of age or older. If you do not meet this requirement, you must not access or use the Service and should not send any information about yourself to us through the Service.
Ownership of Content
All content, information, and materials included on the Site, such as text, graphics, logos, images, audio clips, video, data, software, and other material (collectively “Content) is owned or licensed property of Zaro Beauty or our licensors or certain other third parties, and is protected U.S. and international copyright, trademark, patent, or other proprietary rights. All Content is the exclusive property of Zaro Beauty, and Zaro Beauty reserves all intellectual property rights in all Content.
Subject to your strict compliance with these Terms, Zaro Beauty grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license for personal, non-commercial purposes to download, display, view, use, print, or copy Content. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on your own behalf of the behalf of any third party, constitutes a material breach of these Terms.
All rights not expressly granted to you are reserved by Zaro Beauty and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Service for any purpose is prohibited.
Unlawful or Prohibited Uses
The Site may only be used for lawful purposes in accordance with these Terms and the license granted in these Terms. As a condition of your use of this Site, you warrant to Zaro Beauty that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not:
- Make any commercial use of the Site or its Content;
- download, copy, or transmit any Content for the benefit of any other merchant;
- use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Zaro Beauty or generally publicly available browsers;
- frame, mirror, or use framing techniques on any part of the Site without Zaro Beauty’s express prior written consent;
- make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, except pursuant to the limited license granted by these Terms;
- use any meta tags or any other hidden text utilizing Zaro Beauty’s name or marks;
- misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
- use a buying agent to conduct transactions on the Site;
- conduct fraudulent activities on the Site;
- violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user);
- send unsolicited or unauthorized email on behalf of Zaro Beauty, including promotions and/or advertising of products or services;
- tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
- use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
- harvest or collect personally identifiable information about other users of the Site;
- restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
- use the Site to advertise or offer to sell or buy any goods or services without Zaro Beauty’s express prior written consent;
- reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
- modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or
- remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site; or
- otherwise violate these Terms.
Access and Use
Zaro Beauty may, at any time, suspend, terminate, or modify the availability of the Site and Content, in whole or in part, to any individual, group, or everyone, for any reason and in Zaro Beauty’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Site, or upon notice from Zaro Beauty, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms, which by their nature should survive your suspension or termination, will survive.
Use and Storage of Personal Data
You further acknowledge and agree that we may access or disclose Personal Data, including the content of communications stored on our systems, if (i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or government request, (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing death or serious bodily injury.
WITHOUT LIMITING ZARO BEAUTY’S EXPRESS WARRANTIES AND OBLIGATIONS UNDER THESE TERMS, HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ZARO BEAUTY’S SITE AND SERVICES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Limitation of Liability
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1,000. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You agree to defend, indemnify, and hold harmless Zaro Beauty, its parents and affiliates, together with its respective members, employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expense (including reasonable attorney’s fees and expenses) arising out of your use of this Site; your failure to use the Site; your violation of any rights of a third party; your violation of applicable laws; any user postings by you; your breach or alleged breach of these Terms; or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions under these Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. These Terms are governed by, and construed in accordance with, the laws of the State of Missouri without giving effect to any principles of conflicts of law.
Except as explicitly stated otherwise, any notices shall be given by email to
email@example.com. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address on file provided by you. In such case, notice shall be deemed given 3 days after the date of mailing.
In the event a dispute arises between you and Zaro Beauty, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Zaro Beauty agree that any claim or controversy at law or equity that arises under these Terms or our services (“Claims”) shall be resolved in accordance with the provisions below or as otherwise mutually agreed upon in writing by the parties. Before resorting to formal proceedings, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective or representative action. The arbitration shall be conducted in St. Louis, Missouri on a confidential basis pursuant to the Federal Arbitration Act. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction. You agree that these Terms and all incorporated agreements may be automatically assigned by Zaro Beauty in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Zaro Beauty agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).